NY State Assembly Bill 2011-A7775B

Archive: Last Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2012	referred to rules delivered to senate passed assembly
Jun 14, 2012	amended on third reading 7775b
Jun 14, 2012	ordered to third reading rules cal.180 rules report cal.180 reported
Jun 11, 2012	reported referred to rules
Jun 05, 2012	reported referred to codes
Jan 05, 2012	print number 7775a
Jan 05, 2012	amend and recommit to economic development
Jan 04, 2012	referred to economic development
May 16, 2011	referred to economic development

Bill Amendments

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2011-A7775 - Details

See Senate Version of this Bill:: S4170
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008
Versions Introduced in 2013-2014 Legislative Session:: S855

2011-A7775 - Summary

Relates to zone pricing of gasoline.

2011-A7775 - Bill Text download pdf

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

                                  7775

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M. of A. THIELE, BURLING, CASTELLI, COOK, GALEF, JAFFEE,
  LOSQUADRO, MAISEL, McKEVITT, RAIA, REILLY, P. RIVERA, ROBERTS, SALADI-
  NO, SPANO -- Multi-Sponsored by -- M. of A. DUPREY, HOOPER, SAYWARD --
  read once and referred to the Committee on Economic Development

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:

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

A. 7775                             2

  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.
  S  5.  Subdivision 3 of section 399-ee of the general business law, is
amended by adding a new undesignated paragraph to read as follows:
  NOTWITHSTANDING ANY  RIGHT  OF  ACTION  TO  THE  ATTORNEY  GENERAL  AS
PROVIDED IN THIS SECTION, A WHOLESALER OR DEALER WHO HAS BEEN INJURED BY
REASON  OF A VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER
OWN NAME TO ENJOIN SUCH UNLAWFUL ACT, HOWEVER, NO DAMAGES OF ANY  NATURE
SHALL BE RECOVERABLE IN SUCH ACTION.
  S 6. Section 2 of chapter 579 of the laws of 2008, amending the gener-
al business law relating to zone pricing of gasoline, is amended to read
as follows:
  S 2. Legislative findings and intent. The legislature hereby finds and
declares  that for the past several years motor fuel prices have greatly
fluctuated. In some cases, price  fluctuations  are  caused  by  natural
market  conditions.  In other cases, fluctuations result from artificial
manipulation of the market. One such artificial pricing manipulation  is
zone  pricing. Zone pricing is the setting of different wholesale prices
for retail motor fuel [that operate in different geographic areas] BASED
ON GEOGRAPHIC LOCATION. Zone pricing increases the price of retail motor
fuel for certain consumers, leading to inequities  among  consumers  and
regions  around  the state.   Therefore, the legislature hereby declares
that while natural market occurrences may lead  to  price  fluctuations,
artificial  changes  in  motor  fuel prices unfairly harm many consumers
around the state.
  S 7. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2011-A7775A - Details

See Senate Version of this Bill:: S4170
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008
Versions Introduced in 2013-2014 Legislative Session:: S855

2011-A7775A - Summary

Relates to zone pricing of gasoline.

2011-A7775A - Bill Text download pdf

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

                                 7775--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M. of A. THIELE, BURLING, CASTELLI, COOK, GALEF, JAFFEE,
  LOSQUADRO, MAISEL, McKEVITT, RAIA, REILLY, P. RIVERA, ROBERTS, SALADI-
  NO, ZEBROWSKI -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,  DUPREY,
  GABRYSZAK,  HOOPER,  MURRAY,  RA,  RABBITT,  SAYWARD  -- read once and
  referred to the Committee on Economic Development  --  recommitted  to
  the Committee on Economic Development in accordance with Assembly Rule
  3,  sec. 2 -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-02-1

A. 7775--A                          2

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.
  S 5. Subdivision 3 of section 399-ee of the general business  law,  is
amended by adding a new undesignated paragraph to read as follows:
  NOTWITHSTANDING  ANY  RIGHT  OF  ACTION  TO  THE  ATTORNEY  GENERAL AS
PROVIDED IN THIS SECTION, A WHOLESALER OR DEALER WHO HAS BEEN INJURED BY
REASON OF A VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR  HER
OWN  NAME TO ENJOIN SUCH UNLAWFUL ACT, HOWEVER, NO DAMAGES OF ANY NATURE
SHALL BE RECOVERABLE IN SUCH ACTION.
  S 6. Section 2 of chapter 579 of the laws of 2008, amending the gener-
al business law relating to zone pricing of gasoline, is amended to read
as follows:
  S 2. Legislative findings and intent. The legislature hereby finds and
declares that for the past several years motor fuel prices have  greatly
fluctuated.  In  some  cases,  price  fluctuations are caused by natural
market conditions. In other cases, fluctuations result  from  artificial
manipulation  of the market. One such artificial pricing manipulation is
zone pricing. Zone pricing is the setting of different wholesale  prices
for retail motor fuel [that operate in different geographic areas] BASED
ON GEOGRAPHIC LOCATION. Zone pricing increases the price of retail motor
fuel  for  certain  consumers, leading to inequities among consumers and
regions around the state.   Therefore, the legislature  hereby  declares
that  while  natural  market occurrences may lead to price fluctuations,
artificial changes in motor fuel prices  unfairly  harm  many  consumers
around the state.
  S 7. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2011-A7775B (ACTIVE) - Details

See Senate Version of this Bill:: S4170
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §399-ee, Gen Bus L; amd §2, Chap 579 of 2008
Versions Introduced in 2013-2014 Legislative Session:: S855

2011-A7775B (ACTIVE) - Summary

Relates to zone pricing of gasoline.

2011-A7775B (ACTIVE) - Bill Text download pdf

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

                                 7775--B
                                                           R. R. 180

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M. of A. THIELE, BURLING, CASTELLI, COOK, GALEF, JAFFEE,
  LOSQUADRO, MAISEL, McKEVITT, RAIA, REILLY, P. RIVERA, ROBERTS, SALADI-
  NO, ZEBROWSKI -- Multi-Sponsored by  --  M.  of  A.  BRENNAN,  DUPREY,
  GABRYSZAK,  HOOPER,  MURRAY,  RA,  RABBITT,  SAYWARD  -- read once and
  referred to the Committee on Economic Development  --  recommitted  to
  the Committee on Economic Development in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- amended  on  the  special
  order  of  third  reading, ordered reprinted as amended, retaining its
  place on the special order of third reading

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

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

                                                           LBD09988-04-2

A. 7775--B                          2

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.
  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.
  S 5. Subdivision 3 of section 399-ee of the general business  law,  is
amended by adding a new undesignated paragraph to read as follows:
  NOTWITHSTANDING  ANY  RIGHT  OF  ACTION  TO  THE  ATTORNEY  GENERAL AS
PROVIDED IN THIS SECTION, A WHOLESALER OR DEALER WHO HAS BEEN INJURED BY
REASON OF A VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR  HER
OWN  NAME TO ENJOIN SUCH UNLAWFUL ACT, HOWEVER, NO DAMAGES OF ANY NATURE
SHALL BE RECOVERABLE IN SUCH ACTION.
  S 6. Section 2 of chapter 579 of the laws of 2008, amending the gener-
al business law relating to zone pricing of gasoline, is amended to read
as follows:
  S 2. Legislative findings and intent. The legislature hereby finds and
declares that for the past several years motor fuel prices have  greatly
fluctuated.  In  some  cases,  price  fluctuations are caused by natural
market conditions. In other cases, fluctuations result  from  artificial
manipulation  of the market. One such artificial pricing manipulation is
zone pricing. Zone pricing is the setting of different wholesale  prices
for retail motor fuel [that operate in different geographic areas] BASED
ON GEOGRAPHIC LOCATION. Zone pricing increases the price of retail motor
fuel  for  certain  consumers, leading to inequities among consumers and
regions around the state.   Therefore, the legislature  hereby  declares
that  while  natural  market occurrences may lead to price fluctuations,
artificial changes in motor fuel prices  unfairly  harm  many  consumers
around the state.
  S 7. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Assembly Bill A7775B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7775 - Details

2011-A7775 - Summary

2011-A7775 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A7775A - Details

2011-A7775A - Summary

2011-A7775A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A7775B (ACTIVE) - Details

2011-A7775B (ACTIVE) - Summary

2011-A7775B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-A7775B

Assembly Bill A7775B

Share this bill

Sponsored By

THIELE

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

Daniel Burling

Robert Castelli

Vivian Cook

Sandy Galef

multi-Sponsors

James F. Brennan

Janet Duprey

Dennis H. Gabryszak

Earlene Hooper

2011-A7775 - Details

2011-A7775 - Summary

2011-A7775 - Bill Text download pdf

co-Sponsors

Daniel Burling

Robert Castelli

Vivian Cook

Sandy Galef

multi-Sponsors

James F. Brennan

Janet Duprey

Dennis H. Gabryszak

Earlene Hooper

2011-A7775A - Details

2011-A7775A - Summary

2011-A7775A - Bill Text download pdf

co-Sponsors

Daniel Burling

Robert Castelli

Vivian Cook

Sandy Galef

multi-Sponsors

James F. Brennan

Michael Cusick

Janet Duprey

Dennis H. Gabryszak

2011-A7775B (ACTIVE) - Details

2011-A7775B (ACTIVE) - Summary

2011-A7775B (ACTIVE) - Bill Text download pdf

Comments