senate Bill S4170B

2011-2012 Legislative Session

Relates to zone pricing of gasoline

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2012 print number 4170b
amend and recommit to consumer protection
Jan 10, 2012 print number 4170a
amend and recommit to consumer protection
Jan 04, 2012 referred to consumer protection
Jun 24, 2011 committed to rules
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.919
Mar 22, 2011 referred to consumer protection

Votes

view votes

Jun 1, 2011 - Consumer Protection committee Vote

S4170
7
0
committee
7
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 1, 2011

aye wr (2)
excused (1)

Co-Sponsors

S4170 - Details

See Assembly Version of this Bill:
A7775B
Law Section:
General Business Law
Laws Affected:
Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008
Versions Introduced in 2011-2012 Legislative Session:
A7775B

S4170 - Summary

Relates to zone pricing of gasoline.

S4170 - Sponsor Memo

S4170 - Bill Text download pdf

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

                                  4170

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- 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 zone pricing of
  gasoline, and to amend chapter 579 of the laws of 2008,  amending  the
  general business law relating to zone pricing of gasoline, in relation
  to zone pricing for retail motor fuel based on geographic location

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  399-ee  of  the
general  business  law is relettered paragraph (a-1) and a new paragraph
(a) is added to read as follows:
  (A) "ADDITIONAL COSTS" MEANS ALL REPLACEMENT AND TRANSPORTATION  COSTS
AND TAXES INCURRED.
  S  2.  Paragraph (g) of subdivision 1 of section 399-ee of the general
business law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
  (g) "Relevant geographic market" means the geographic area [of  effec-
tive competition] WHICH IS SUPPLIED BY THE SAME TERMINAL FACILITY.
  S  3.  Paragraph (m) of subdivision 1 of section 399-ee of the general
business law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
  (m) "Zone pricing" means the ESTABLISHMENT OF arbitrary price  differ-
ences BASED ON THE GEOGRAPHICAL LOCATION OF THE RETAIL OUTLET within the
relevant  geographic  market,  [based  on]  WITHOUT REGARD TO the posted
terminal price [or] ANY ADDITIONAL COSTS where the effect is  to  injure
competition.
  S  4.  Subdivision 2 of section 399-ee of the general business law, as
added by chapter 579 of the laws of 2008, is amended to read as follows:
  2. No wholesaler, OR DEALER shall engage in zone pricing with  respect
to  any motor fuel of like grade or quality, WHICH IS SUPPLIED TO DEALER
OPERATED RETAIL OUTLETS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-01-1

Co-Sponsors

S4170A - Details

See Assembly Version of this Bill:
A7775B
Law Section:
General Business Law
Laws Affected:
Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008
Versions Introduced in 2011-2012 Legislative Session:
A7775B

S4170A - Summary

Relates to zone pricing of gasoline.

S4170A - Sponsor Memo

S4170A - Bill Text download pdf

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

                                 4170--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. ALESI, PARKER -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Consumer Protection
  -- recommitted to the Committee on Consumer Protection  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to zone pricing of
  gasoline, and to amend chapter 579 of the laws of 2008,  amending  the
  general business law relating to zone pricing of gasoline, in relation
  to zone pricing for retail motor fuel based on geographic location

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  399-ee  of  the
general  business  law is relettered paragraph (a-1) and a new paragraph
(a) is added to read as follows:
  (A) "ADDITIONAL COSTS" MEANS ALL REPLACEMENT AND TRANSPORTATION  COSTS
AND TAXES INCURRED.
  S  2.  Paragraph (g) of subdivision 1 of section 399-ee of the general
business law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
  (g) "Relevant geographic market" means the geographic area [of  effec-
tive competition] WHICH IS SUPPLIED BY THE SAME TERMINAL FACILITY.
  S  3.  Paragraph (m) of subdivision 1 of section 399-ee of the general
business law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
  (m) "Zone  pricing"  means  the  [arbitrary]  ESTABLISHMENT  OF  price
differences  BASED  ON  THE  GEOGRAPHICAL  LOCATION OF THE RETAIL OUTLET
within the relevant geographic market, [based on] WITHOUT REGARD TO  the
posted  terminal  price [or] ANY ADDITIONAL COSTS where the effect is to
injure competition.
  S 4. Subdivision 2 of section 399-ee of the general business  law,  as
added by chapter 579 of the laws of 2008, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-03-1

Co-Sponsors

S4170B (ACTIVE) - Details

See Assembly Version of this Bill:
A7775B
Law Section:
General Business Law
Laws Affected:
Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008
Versions Introduced in 2011-2012 Legislative Session:
A7775B

S4170B (ACTIVE) - Summary

Relates to zone pricing of gasoline.

S4170B (ACTIVE) - Sponsor Memo

S4170B (ACTIVE) - Bill Text download pdf

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

                                 4170--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. ALESI, PARKER -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Consumer Protection
  -- recommitted to the Committee on Consumer Protection  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to zone pricing of
  gasoline, and to amend chapter 579 of the laws of 2008,  amending  the
  general business law relating to zone pricing of gasoline, in relation
  to zone pricing for retail motor fuel based on geographic location

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of  section  399-ee  of  the
general  business  law is relettered paragraph (a-1) and a new paragraph
(a) is added to read as follows:
  (A) "ADDITIONAL COSTS" MEANS ALL REPLACEMENT AND TRANSPORTATION  COSTS
AND TAXES INCURRED.
  S  2.  Paragraph (g) of subdivision 1 of section 399-ee of the general
business law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
  (g) "Relevant geographic market" means the geographic area [of  effec-
tive competition] WHICH IS SUPPLIED BY THE SAME TERMINAL FACILITY.
  S  3.  Paragraph (m) of subdivision 1 of section 399-ee of the general
business law, as added by chapter 579 of the laws of 2008, is amended to
read as follows:
  (m) "Zone  pricing"  means  the  [arbitrary]  ESTABLISHMENT  OF  price
differences  BASED  ON  THE  GEOGRAPHICAL  LOCATION OF THE RETAIL OUTLET
within the relevant geographic market, [based on] WITHOUT REGARD TO  the
posted  terminal price [or] AND ANY ADDITIONAL COSTS where the effect is
to injure competition.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-05-2

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