Assembly Bill A9968

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

                                  9968

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced by M. of A. GIBSON -- read once and referred to the Committee
  on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to requir-
  ing the posting of the taxes imposed upon each gallon  of  motor  fuel
  and Diesel motor fuel used in a motor vehicle or motorboat

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

  Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
ture and markets law, as amended by chapter 101 of the laws of 1986,  is
amended to read as follows:
  a. It shall be unlawful for any person, firm or corporation to sell or
offer for sale at retail for use in internal combustion engines in motor
vehicles  or  motorboats any motor fuel OR DIESEL MOTOR FUEL, AS DEFINED
IN SECTION TWO HUNDRED EIGHTY-TWO OF THE TAX  LAW,  unless  such  seller
shall:
  (i)  post  and  keep  posted  on the dispensing device from which such
motor fuel OR DIESEL MOTOR FUEL is sold or offered for sale  a  sign  or
placard,  at least twelve inches in height and at least twelve inches in
width, stating clearly and legibly with the whole cent numerals at least
nine inches in height and at least two  inches  in  width,  the  selling
price  per  gallon of such motor fuel.  SUCH SIGN OR PLACARD SHALL ALSO,
CLEARLY AND LEGIBLY, SEPARATELY STATE EACH FEDERAL, STATE AND LOCAL  TAX
AND FEE INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL
MOTOR  FUEL;  THE AGGREGATE OF ALL FEDERAL TAXES AND FEES, THE AGGREGATE
OF ALL STATE TAXES AND FEES, AND THE AGGREGATE OF ALL  LOCAL  TAXES  AND
FEES  INCLUDED  IN  THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL
MOTOR FUEL; AND THE AGGREGATE OF ALL FEDERAL, STATE AND LOCAL TAXES  AND
FEES  INCLUDED  IN  THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL
MOTOR FUEL; or
  (ii) where such individual pump or dispensing  device  dispenses  more
than  two  differently priced grades of motor fuel, only the highest and
lowest selling price per gallon of such motor fuel  dispensed  therefrom
must  be posted thereon in conformance with all other provisions of this
subdivision; PROVIDED, HOWEVER, THAT THE FEDERAL, STATE AND LOCAL  TAXES

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

                                                           LBD15159-01-2

A. 9968                             2

AND FEES FOR EACH GRADE OF MOTOR FUEL SHALL BE POSTED IN COMPLIANCE WITH
THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH; or
  (iii)  where  a  multiple  product  dispensing  device  is  capable of
dispensing multiple products at multiple prices, then the selling  price
per  gallon  may  be posted thereon with numerals at least one-half that
height and one-half that width required  by  subparagraph  (i)  of  this
paragraph,  although  numerals  representing  tenths  of  a  cent may be
displayed at no less than one-half those dimensions which  disclose  the
selling price per gallon of such motor fuel dispensed therefrom.
  The  signs  [and],  selling prices, AND FEDERAL, STATE AND LOCAL TAXES
AND FEES shall be posted so as to be clearly visible to the driver of an
approaching motor vehicle or motorboat. The  name,  trade  name,  brand,
mark  or  symbol,  and  grade  of quality classification, if any of such
motor fuel OR DIESEL MOTOR FUEL shall be permanently imprinted  on  said
motor  fuel  OR  DIESEL  MOTOR FUEL dispensing device. The provisions of
this subdivision shall not apply to a  city,  county,  town  or  village
which  has  already  enacted  and continues in effect a local law, ordi-
nance, rule or regulation in substantial conformity with  this  subdivi-
sion.  The provisions of this subdivision shall be enforced in the coun-
ties outside the city of New York by the  county  or  city  director  of
weights and measures, as the case may be, and in the city of New York by
the  department  of consumer affairs.   THE COMMISSIONER, BY RULE, SHALL
ESTABLISH THE SIZE OF THE NOTICE OF FEDERAL, STATE AND LOCAL  TAXES  AND
FEES  INCLUDED  IN  THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL
MOTOR FUEL.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that,  effective  immediately,  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be amended, promul-
gated and/or repealed on or before such date.