Assembly Bill A2323

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2323

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. JEFFRIES, DINOWITZ, GALEF, P. RIVERA, ROBINSON,
  ESPAILLAT, SPANO, PERALTA,  JOHN,  PHEFFER,  RAMOS,  GORDON,  GUNTHER,
  REILLY,  GABRYSZAK, ALESSI -- Multi-Sponsored by -- M. of A.  BOYLAND,
  BRENNAN, CHRISTENSEN, DelMONTE, DESTITO, GLICK,  HYER-SPENCER,  MAGEE,
  MAISEL,  PEOPLES-STOKES,  J. RIVERA, ROSENTHAL, TOWNS -- read once and
  referred to the  Committee  on  Economic  Development,  Job  Creation,
  Commerce and Industry

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD05172-01-9

              

A. 2323                             2

  (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;
  (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.