Assembly Bill A1970

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

                                  1970

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by  M.  of  A.  JEFFRIES, DINOWITZ, GALEF, P. RIVERA, SPANO,
  ROBINSON, PHEFFER, RAMOS, GUNTHER, REILLY,  GABRYSZAK  --  Multi-Spon-
  sored  by -- M. of A. BOYLAND, BRENNAN, DESTITO, GLICK, 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.
                                                           LBD03296-01-1

A. 1970                             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.