Senate Bill S3631B

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

                                 3631--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 agriculture and markets law and the executive law,
  in relation to protecting consumers from  price  gouging  and  product
  tampering of gasoline

  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 unless such seller shall:
  (i)  post  and  keep  posted  on the dispensing device from which such
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; 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; or
  (iii) where  a  multiple  product  dispensing  device  is  capable  of
dispensing  multiple products at multiple prices, then the selling price

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07520-05-2
              

S. 3631--B                          2

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;
  (IV) POST AND KEEP POSTED ON THE DISPENSING  DEVICE  FROM  WHICH  SUCH
MOTOR  FUEL  IS SOLD OR OFFERED FOR SALE A SIGN OR PLACARD, OF A SIZE TO
BE DETERMINED BY THE  COMMISSIONER,  STATING  CLEARLY  AND  LEGIBLY,  IN
SUBSTANTIALLY SIMILAR FORM:
  NOTICE  TO CONSUMERS: IF YOU HAVE A COMPLAINT REGARDING THIS BUSINESS,
YOU MAY CALL THE FOLLOWING TOLL-FREE NEW YORK STATE HOTLINE: (INSERT THE
CURRENT TELEPHONE NUMBER  ESTABLISHED  BY  THE  DEPARTMENT  OF  LAW  FOR
RECEIVING  COMPLAINTS  FROM CONSUMERS PURSUANT TO SUBDIVISION SIXTEEN OF
SECTION 63 OF THE EXECUTIVE LAW).
  The signs and selling prices shall be posted so as to be clearly visi-
ble to the driver of an approaching  motor  vehicle  or  motorboat.  The
name,  trade  name,  brand, mark or symbol, and grade of quality classi-
fication, if any of such motor fuel shall be  permanently  imprinted  on
said  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, ordinance, rule or regu-
lation in substantial conformity with this subdivision.  The  provisions
of  this  subdivision shall be enforced in the counties 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  SIGN  OR PLACARD REQUIRED UNDER SUBPARAGRAPH (IV) OF THIS PARA-
GRAPH.
  S 2. Section 63 of the executive law is amended by adding a new subdi-
vision 16 to read as follows:
  16. (A) NO LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN,  ESTABLISH
A  TOLL-FREE  TELEPHONE  NUMBER  FOR RECEIVING COMPLAINTS RELATED TO THE
RETAIL SALE OF MOTOR FUEL. THE  TOLL-FREE  NUMBER  MAY  BE  AN  EXISTING
NUMBER ESTABLISHED BY THE DEPARTMENT OF LAW FOR RECEIVING INQUIRIES FROM
CONSUMERS.
  (B)  EMPLOYEES  OF  THE DEPARTMENT OF LAW, UPON RECEIPT OF A COMPLAINT
FROM A CONSUMER THROUGH MEANS OF  THE  TOLL-FREE  NUMBER  REGARDING  THE
OPERATION  OR  ACCURACY  OF MOTOR FUEL DISPENSING DEVICES, SHALL FORWARD
THE CONTENTS OF SUCH COMPLAINT TO  THE  DEPARTMENT  OF  AGRICULTURE  AND
MARKETS AND THE APPROPRIATE MUNICIPALITY OR LOCAL GOVERNMENT.
  S  3.  This  act  shall  take  effect April 1, 2013; provided that the
department of law shall establish  the  toll-free  telephone  number  as
required  by  section  two  of  this  act  on or before January 1, 2013;
provided further 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, promulgated  and/or  repealed
on or before such date.