NY State Senate Bill 2009-S2649

Senate Bill S2649

2009-2010 Legislative Session

Requires signs to be posted at gasoline stations for consumers to contact the state consumer protection board in regard to price or product problems

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Feb 26, 2009	referred to consumer protection

co-Sponsors

2009-S2649 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396-x, Gen Bus L

2009-S2649 (ACTIVE) - Summary

Requires signs to be posted at gasoline stations for consumers to contact the state consumer protection board in regard to price or product problems.

2009-S2649 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2649

 TITLE OF BILL :
An act to amend the general business law, in relation to protecting
consumers from price gouging and product tampering of gasoline


 PURPOSE :
A bill to amend the general business law, in relation to protecting
consumers from price gouging and product tampering of gasoline.

 SUMMARY OF PROVISIONS :
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:
§396-x. Gasoline stations; air pumps, signage required. 1.
Definition. 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 compressor 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 on 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.

 JUSTIFICATION :
With the consistent rise of gas prices there is an added need for
consumers to feel they are still receiving an adequate product that
has been priced at a fair market value and has not been physically
tampered with. Consumers should know how and where to put in a
complaint if they feel their rights have been violated and this
information should be readily available to them at the place of
purchase/service.

 PRIOR LEGISLATIVE HISTORY :

05/09/08 REFERRED TO CONSUMER PROTECTION

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The thirtieth day after this act shall have become a law.

2009-S2649 (ACTIVE) - Bill Text download pdf

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

                                  2649

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

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

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Senate Bill S2649

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Sponsored By

Eric Adams