S T A T E O F N E W Y O R K
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2649
2009-2010 Regular Sessions
I N S E N A T E
February 26, 2009
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Introduced by Sens. ADAMS, FOLEY, MONSERRATE, PARKER -- 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 protecting
consumers from price gouging and product tampering of gasoline
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 396-x of the general business law, as added by
chapter 616 of the laws of 1984, is amended to read as follows:
S 396-x. Gasoline stations; air pumps, SIGNAGE required. 1. Defi-
nition. As used in this section: "dealer" shall mean any person owning
or operating a premise or facility with four or more gas dispensing
nozzles for the retail sale of motor fuels for use in motor vehicles.
2. Any dealer must provide on the premises where motor fuel is sold at
retail for use in motor vehicles a functioning motor driven air compres-
sor capable of inflating automobile tires for use by customers during
hours in which such station is open for business.
3. FOR THE PURPOSE OF CONSUMER COMPLAINTS BASED ON (I) OVERCHARGING
FOR GASOLINE OR (II) PRODUCT TAMPERING OF GASOLINE, ALL DEALERS MUST
PROVIDE CLEAR AND CONSPICUOUS NOTICE OF CONSUMER COMPLAINT CONTACT
INFORMATION BY CAUSING SIGNS TO BE POSTED AT ALL SERVICE DESKS, GAS
DISPENSING AREAS AND OTHER APPROPRIATE AREAS AS NECESSARY WHICH SHALL
CONTAIN INFORMATION, INCLUDING, BUT NOT LIMITED TO, A TELEPHONE NUMBER
AND MAILING ADDRESS OF THE STATE CONSUMER PROTECTION BOARD.
4. Wilful failure to comply with the provisions of this section shall
subject a dealer to a civil penalty of up to twenty-five dollars for
each day such failure occurs. If the failure to comply results from the
breakdown of the air compressor, the failure to repair within a reason-
able time shall constitute wilful conduct.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05682-01-9