NY State Senate Bill 2011-S4170B

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2012	print number 4170b
Jun 14, 2012	amend and recommit to consumer protection
Jan 10, 2012	print number 4170a
Jan 10, 2012	amend and recommit to consumer protection
Jan 04, 2012	referred to consumer protection
Jun 24, 2011	committed to rules
Jun 06, 2011	advanced to third reading
Jun 02, 2011	2nd report cal.
Jun 01, 2011	1st report cal.919
Mar 22, 2011	referred to consumer protection

Votes

- Jun 1, 2011 - Consumer Protection Committee Vote
  S4170B
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Jun 1, 2011
      
      aye (7)
      
      Ball
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Little
      
      Marcellino
      
      Zeldin
      
      aye wr (2)
      
      O'Mara
      
      Squadron
      
      excused (1)
      
      Adams

Bill Amendments

co-Sponsors

2011-S4170 - Details

See Assembly Version of this Bill:: A7775
Current Committee:: Senate Consumer Protection
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-S4170 - Summary

Relates to zone pricing of gasoline.

2011-S4170 - Sponsor Memo

                                BILL NUMBER:S4170

TITLE OF BILL:
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

PURPOSE:
To amend the current law, chapter 579 of the laws of 2008 to put an
end to unfair zone pricing based on geographical location.

SUMMARY OF PROVISIONS:
Section 1. Paragraph (a) of subdivision 1 of section 399-ee of the
general business law defines "Additional cost" to mean all
replacement and transportation costs and taxes incurred,

Section 2. (g) of subdivision 1 of section 399-ee of the general
business law defines "Relevant geographic market" to mean the
geographic area (of effective competition) which is supplied by the
same terminal facility.

Section 3. Paragraph (m) of subdivision 1 of section 399-ee of the
general business law defines "Zone Pricing" to mean the establishment
of arbitrary price differences based on geographical location of the

retail outlet within the relevant geographic market, (based on)
without regard to the posted terminal prices (or) any additional
costs where the effect is to injure competition.

Section 4. Subdivision 2 of section 399-ee of the general business law
states that 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.

Section 5. Subdivision 3 of section 399-ee of the general business law
is amended to allow a wholesaler or dealer who has been injured by
reason of a violation of this section to bring an action in his or
her name to enjoin such unlawful act, however no damages of any
nature shall be recoverable in such action.

Section 6. States that although natural market occurrences may lead to
price fluctuations, artificial changes in motor fuel prices unfairly
harms many consumers around the state.

Section 7. Establishes the effective date.

JUSTIFICATION:
Over the past several years motor fuel prices have greatly fluctuated
and in some cases unfairly so based on geographical location. Natural
market occurrences may lead to price fluctuations; however zone
pricing is an inequitable and harmful act that is devastating to
consumers across all of New York State. New York state residents are
struggling and this is an unnecessary burden during difficult
economic times.


LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4170 - Bill Text download pdf

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

                                  4170

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- 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 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:
  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.

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

S. 4170                             2

  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

2011-S4170A - Details

See Assembly Version of this Bill:: A7775
Current Committee:: Senate Consumer Protection
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-S4170A - Summary

Relates to zone pricing of gasoline.

2011-S4170A - Sponsor Memo

                                BILL NUMBER:S4170A

TITLE OF BILL:
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

PURPOSE:
To amend the current law, Chapter 579 of the laws of 2008, to
put an end to unfair zone pricing based on geographical location.

SUMMARY OF PROVISIONS:
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 define "Additional costs"
to mean all replacement and transportation costs and taxes incurred.

Section 2. Paragraph (g) of subdivision 1 of Section 399-ee of the
general business law is amended to redefine "Relevant geographic
market" to mean the geographic area which is supplied by the same
terminal facility.

Section 3. The definition of "Zone pricing" as defined by paragraph
(m) of subdivision 1 of Section 399-ee of the general business law is

amended to mean the establishment of price differences based on
geographical location of the retail outlet within the relevant
geographic market, without regard to the posted terminal price any
additional costs where the effect is to injure competition.

Section 4. Subdivision 2 of Section 399-ee of the general business law
is amended to provide that 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.

Section 5. Subdivision 3 of Section 399-ee of the general business law
is amended by adding a new undesignated paragraph to allow a
wholesaler or dealer who has been injured by reason of a violation of
this section to bring an action in his or her name to enjoin such
unlawful act, however no damages of any nature shall be recoverable
in such action.

Section 6. The Legislative Findings set forth in Section 2 of Chapter
579 of the Laws of 2008 are amended to state that zone pricing is the
setting of different wholesale prices for retail motor fuel based on
geographic location.

Section 7. Establishes the effective date.

JUSTIFICATION:

Over the past several years motor fuel prices have
greatly fluctuated and in some cases unfairly so based on
geographical location. Natural market occurrences may lead to price
fluctuations; however zone pricing is an inequitable and harmful act
that is devastating to consumers who are already financially
overburdened during these difficult economic times. In 2008, New York
State enacted the first law in the nation to outlaw the practice of
zone pricing for gasoline (Chapter 579 of the Laws of 2008). Since
that time, however, compliance has been sporadic and enforcement has
been difficult.

In March 2011, the Attorney General of the State of New York began
conducting a comprehensive review of gasoline prices across the State
in an effort to examine how prices are determined at various levels
and to protect residents from gas price gouging. The State of New
York Attorney General Eric T. Schneiderman released a report on
December 28, 2011 entitled "Report on New York Gasoline Prices" which
revealed that the surges in gas prices as unrest spread throughout
the Middle East did not lead to price gouging in New York. The
increases in gasoline prices during the spring of 2011, for example,
were not a result of price gouging by gasoline retailers or
wholesalers; but were primarily driven by changes in the price of
crude oil.
The Attorney General's study found that price gouging by gas stations
was not behind the price spikes.

However, during Tropical Storm Irene in August 2011, gas gouging did
occur and the report revealed that the Attorney General has since
taken enforcement action against two downstate retailers.
Investigations on price gouging during other major storms that hit
New York in 2011 are ongoing.

Finally, the report concluded that some wholesalers continue to charge
different prices to different retail gas locations even after the
enactment of Chapter 579 of the Laws of 2008. The Attorney General
indicated several flaws in the current statute and recommended
various amendments in order to have an effective zone pricing law in
New York State. This legislation incorporates such recommendations by
providing a meaningful definition of the "relevant geographic market"
and addresses the issue of "arbitrary" price differences. The weak
definition of these terms in current law, among others, has resulted
in no enforcement actions being brought forth pursuant to the zone
pricing law since its enactment.

It is clear that consumers need further protection from this unfair
business practice. This legislation is necessary to strengthen the
zone pricing law by correcting several flaws which currently preclude
effective enforcement by the New York State Attorney General.

LEGISLATIVE HISTORY:
2011: A.7775/S.4170

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4170A - Bill Text download pdf

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

                                 4170--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. ALESI, PARKER -- 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

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
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.
                                                           LBD09988-03-1

S. 4170--A                          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

2011-S4170B (ACTIVE) - Details

See Assembly Version of this Bill:: A7775
Current Committee:: Senate Consumer Protection
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-S4170B (ACTIVE) - Summary

Relates to zone pricing of gasoline.

2011-S4170B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4170B

TITLE OF BILL:
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

PURPOSE:
To amend the current law, Chapter 579 of the laws of 2008, to put an
end to unfair zone pricing based on geographical location.

SUMMARY OF PROVISIONS:
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 define "Additional costs" to mean all
replacement and transportation costs and taxes incurred.

Section 2. Paragraph (g) of subdivision 1 of Section 399-ee of the
general business law is amended to redefine "Relevant geographic
market" to mean the geographic area which is supplied by the same
terminal facility.

Section 3. The definition of "Zone pricing" as defined by paragraph
(m) of subdivision 1 of Section 399-ee of the general business law is

amended to mean the establishment of price differences based on
geographical location of the retail outlet within the relevant
geographic market, without regard to the posted terminal price any
additional costs where the effect is to injure competition.

Section 4. Subdivision 2 of Section 399-ee of the general business law
is amended to provide that 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.

Section 5. Subdivision 3 of Section 399-ee of the general business law
is amended by adding a new undesignated paragraph to allow a
wholesaler or dealer who has been injured by reason of a violation of
this section to bring an action in his or her name to enjoin such
unlawful act, however no damages of any nature shall be recoverable
in such action.

Section 6. The Legislative Findings set forth in Section 2 of Chapter
579 of the Laws of 2008 are amended to state that zone pricing is the
setting of different wholesale prices for retail motor fuel based on
geographic location.

Section 7. Establishes the effective date.

JUSTIFICATION:
Over the past several years motor fuel prices have greatly fluctuated
and in some cases unfairly so based on geographical location. Natural
market occurrences may lead to price fluctuations; however zone
pricing is an inequitable and harmful act that is devastating to
consumers who are already financially overburdened during these


difficult economic times. In 2008, New York State enacted the first
law in the nation to outlaw the practice of zone pricing for gasoline
(Chapter 579 of the
Laws of 2008). Since that time, however, compliance has been sporadic
and enforcement has been difficult.

In March 2011, the Attorney General of the State of New York began
conducting a comprehensive review of gasoline prices across the State
in an effort to examine how prices are determined at various levels
and to protect residents from gas price gouging. The State of New
York Attorney General Eric T. Schneiderman released a report on
December 28, 2011 entitled "Report on New York Gasoline Prices" which
revealed that the surges in gas prices as unrest spread throughout
the Middle East did not lead to price gouging in New York. The
increases in gasoline prices during the spring of 2011, for example,
were not a result of price gouging by gasoline retailers or
wholesalers; but were primarily driven by changes in the price of
crude oil. The Attorney General's study found that price gouging by
gas stations was not behind the price spikes.

However, during Tropical Storm Irene in August 2011, gas gouging did
occur and the report revealed that the Attorney General has since
taken enforcement action against two downstate retailers.
Investigations on price gouging during other major storms that hit
New York in 2011 are ongoing.

Finally, the report concluded that some wholesalers continue to charge
different prices to different retail gas locations even after the
enactment of Chapter 579 of the Laws of 2008. The Attorney General
indicated several flaws in the current statute and recommended
various amendments in order to have an effective zone pricing law in
New York State. This legislation incorporates such recommendations by
providing a meaningful definition of the "relevant geographic market"
and addresses the issue of "arbitrary" price differences. The weak
definition of these terms in current law, among others, has resulted
in no enforcement actions being brought forth pursuant to the zone
pricing law since its enactment.

It is clear that consumers need further protection from this unfair
business practice. This legislation is necessary to strengthen the
zone pricing law by correcting several flaws which currently preclude
effective enforcement by the New York State Attorney General.

LEGISLATIVE HISTORY:
2011: A.7775/S.4170

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S4170B (ACTIVE) - Bill Text download pdf

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

                                 4170--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 22, 2011
                               ___________

Introduced by Sens. ALESI, PARKER -- 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 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
posted  terminal price [or] AND ANY ADDITIONAL COSTS where the effect is
to injure competition.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09988-05-2

S. 4170--B                          2

  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.

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Senate Bill S4170B

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Votes

Jun 1, 2011 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jun 1, 2011

Bill Amendments

co-Sponsors

2011-S4170 - Details

2011-S4170 - Summary

2011-S4170 - Sponsor Memo

2011-S4170 - Bill Text download pdf

co-Sponsors

2011-S4170A - Details

2011-S4170A - Summary

2011-S4170A - Sponsor Memo

2011-S4170A - Bill Text download pdf

co-Sponsors

2011-S4170B (ACTIVE) - Details

2011-S4170B (ACTIVE) - Summary

2011-S4170B (ACTIVE) - Sponsor Memo

2011-S4170B (ACTIVE) - Bill Text download pdf

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Senate Bill S4170B

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Sponsored By

James S. Alesi

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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Kevin S. Parker

2011-S4170 - Details

2011-S4170 - Summary

2011-S4170 - Sponsor Memo

2011-S4170 - Bill Text download pdf

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Kevin S. Parker

2011-S4170A - Details

2011-S4170A - Summary

2011-S4170A - Sponsor Memo

2011-S4170A - Bill Text download pdf

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Kevin S. Parker

2011-S4170B (ACTIVE) - Details

2011-S4170B (ACTIVE) - Summary

2011-S4170B (ACTIVE) - Sponsor Memo

2011-S4170B (ACTIVE) - Bill Text download pdf

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