senate Bill S603

2011-2012 Legislative Session

Prohibits more than one increase in the price of motor fuel in any twenty-four hour period

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 06, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

Co-Sponsors

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S603 - Bill Details

See Assembly Version of this Bill:
A1970
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add Art 24-B ยง370-k, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S3765, S7308, A2323

S603 - Bill Texts

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Prohibits more than one increase in the price of motor fuel in any twenty-four hour period.

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BILL NUMBER:S603

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit gasoline prices from being
adjusted at the pump multiple times daily on the same lot of gasoline,
which was purchased wholesale at a fixed price.

SUMMARY OF SPECIFIC PROVISIONS:
With this legislation it will be unlawful for anyone engaged in the
sale of motor fuel, or anyone who produces and stores or exchanges
motor fuel at a terminal or facility and who sells or transfers motor
fuel through the loading rack at such terminal facility, or an
affiliate of such, 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. Any violation 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
political subdivision.

JUSTIFICATION:
As gasoline prices fluctuate, price gouging has become a concern,
particularly in metropolitan areas where gas sales competition is
fierce. Gas merchants are known to continually raise gas prices over
the course of a 24 hour period, often dramatically increasing consumer
costs without an increase in the actual price of gasoline. Given New
York's sharply increasing cost of living and rising costs of
transportation, it is important to prevent working class families from
being gouged at the pump by unscrupulous gas distributors.

This bill will ensure consistency and fairness for motor vehicle
drivers throughout New York State.

PRIOR LEGISLATIVE HISTORY:
2010: S.7308/A.2323 (Third Reading Calendar)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   603

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03296-01-1

S. 603                              2

  (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.

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