S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  7308
                            I N  S E N A T E
                             March 29, 2010
                               ___________
Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law,  in  relation  to  prohibiting
  more  than  one  increase  in the price of gasoline in any twenty-four
  hour period
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  The general business law is amended by adding a new arti-
cle 24-B to read as follows:
                              ARTICLE 24-B
                   MOTOR FUEL MARKETING PRACTICES ACT
SECTION 370-K. UNLAWFUL PRICE INCREASES; EXCEPTIONS.
  S 370-K. UNLAWFUL PRICE INCREASES; EXCEPTIONS. (A) (1) IT IS  UNLAWFUL
FOR  ANY  NONREFINER  ENGAGED  IN COMMERCE IN THIS STATE TO INCREASE THE
PRICE OF ANY GRADE OR QUALITY OF MOTOR FUEL SOLD AT A RETAIL OUTLET MORE
THAN ONCE IN A TWENTY-FOUR HOUR PERIOD.
  (2) IT IS UNLAWFUL FOR ANY REFINER, INCLUDING ANY AFFILIATE  OR  AGENT
THEREOF,  ENGAGED IN COMMERCE IN THIS STATE TO INCREASE THE PRICE OF ANY
GRADE OR QUALITY OF MOTOR FUEL SOLD MORE THAN ONCE IN A TWENTY-FOUR HOUR
PERIOD.
  (B) (1) ANY VIOLATION OF THIS SECTION SHALL RESULT IN A CIVIL FINE  OF
NOT  MORE  THAN  FIVE HUNDRED DOLLARS TO BE COLLECTED BY THE CORPORATION
COUNSEL FOR ANY CITY OR BY THE APPROPRIATE  ATTORNEY  OF  ANY  POLITICAL
SUBDIVISION  AS  SHALL BE DESIGNATED BY THE GOVERNING BODY OF SUCH POLI-
TICAL SUBDIVISION.
  (2) AN ISOLATED, INADVERTENT INCIDENT  INVOLVING  ACTIVITY  PROHIBITED
PURSUANT  TO SUBDIVISION (A) OF THIS SECTION SHALL NOT BE A VIOLATION OF
THIS SECTION.
  (C) AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (1)  "MOTOR  FUEL"  MEANS  ANY PETROLEUM PRODUCT INCLUDING ANY SPECIAL
FUEL WHICH IS USED FOR THE PROPULSION OF ANY MOTOR VEHICLE;
  (2) "NONREFINER" MEANS ANY PERSON, OTHER THAN A  REFINER,  ENGAGED  IN
THE SALE OF MOTOR FUEL;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD05172-01-9
S. 7308                             2
  (3)  "PERSON"  MEANS ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATIONS OR
LIMITED  LIABILITY  CORPORATIONS,  COMPANIES,  ASSOCIATIONS,  SOCIETIES,
FIRMS,  PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS, JOINT STOCK COMPA-
NIES, THE UNITED STATES, THE STATE OF NEW YORK AND ANY OF ITS  POLITICAL
SUBDIVISIONS OR AGENTS;
  (4)  "REFINER"  MEANS  ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR  FUEL
THROUGH  THE  LOADING  RACK  AT  SUCH TERMINAL FACILITY, AND INCLUDES AN
AFFILIATE OF SUCH REFINER WITH RESPECT TO SUCH AFFILIATE'S SALE OF MOTOR
FUEL;
  (5) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC; AND
  (6) "SALE" OR "SELL" MEANS ANY TRANSFER, GIFT, BARTER, SALE, OFFER FOR
SALE, OR ADVERTISEMENT FOR SALE IN ANY MANNER OR BY ANY MEANS  WHATSOEV-
ER,  INCLUDING  ANY TRANSFER OF MOTOR FUEL FROM A PERSON TO ITSELF OR AN
AFFILIATE AT ANOTHER LEVEL OF DISTRIBUTION, BUT DOES NOT INCLUDE PRODUCT
EXCHANGES AT THE WHOLESALE LEVEL OF DISTRIBUTION.
  S 2. This act shall take effect immediately.