Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2012 |
committed to rules |
Jun 20, 2012 |
amended on third reading 7087a |
May 02, 2012 |
advanced to third reading |
May 01, 2012 |
2nd report cal. |
Apr 30, 2012 |
1st report cal.616 |
Apr 27, 2012 |
referred to consumer protection |
Senate Bill S7087
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(R) Senate District
2011-S7087 - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Add §396-ff, Gen Bus L; amd §192, add §192-h, Ag & Mkts L
2011-S7087 - Sponsor Memo
BILL NUMBER:S7087 TITLE OF BILL: An act to amend the general business law and the agriculture and markets law, in relation to the advertising medium for motor fuel sales PURPOSE OR GENERAL IDEA OF BILL: This legislation would require any place of business offering for sale or selling any motor fuel to the public to clearly and conspicuously advertise the higher price when the same grade of motor fuel is sold at different prices from a single place of business if the price deviation exceeds seven percent for the same grade of motor fuel. SUMMARY OF PROVISIONS: Section One amends the general business law by defining advertising medium, requiring that a street side advertising medium be displayed at any place of business offering for sale or selling any motor fuel to the public if the place of business sells the same grade of motor fuel for different prices and the price deviation exceeds seven percent. This section also establishes minimum readability requirements for the letters and numerals required pursuant to this section. A first violation of this section would be punishable by a $500 fine. Any subse- quent violations would result in a one thousand dollar fine. A third violation would additionally result in a shutdown of the establishment for ten days, or until the establishment comes into compliance with this provision, whichever is longer. Finally, a variance is provided for in
2011-S7087 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7087 I N S E N A T E April 27, 2012 ___________ Introduced by Sen. ZELDIN -- 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 and the agriculture and markets law, in relation to the advertising medium for motor fuel sales 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 section 396-ff to read as follows: S 396-FF. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS- ING MEDIUM," AS USED IN THIS SECTION, SHALL MEAN A STREET SIGN, WHICH IS AT LEAST SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND. 2. A. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, AND THE PRICES DEVI- ATE BY MORE THAN SEVEN PERCENT FOR THE SAME GRADE OF MOTOR FUEL, THEN THE PLACE OF BUSINESS MUST HAVE AN ADVERTISING MEDIUM THAT COMPLIES WITH THIS SECTION AND WHICH DISPLAYS THE HIGHER OF THE PRICES OFFERED FOR THAT GRADE OF MOTOR FUEL. B. THIS SUBDIVISION SHALL NOT APPLY TO DISCOUNTS OR PRICE REDUCTIONS NOT AVAILABLE TO THE GENERAL PUBLIC, INCLUDING, BUT NOT LIMITED TO, DISCOUNTS OR PRICE REDUCTIONS PROVIDED PURSUANT TO AWARDS, REWARDS, LOYALTY, OR PROMOTIONAL PROGRAMS. 3. AN ADVERTISING MEDIUM REQUIRED PURSUANT TO THIS SECTION MUST BE CLEARLY VISIBLE FROM EACH STREET OR HIGHWAY WHICH HAS AN ACCESS POINT TO THE PLACE OF BUSINESS. ANY AND ALL INFORMATION REQUIRED TO BE INCLUDED ON SUCH ADVERTISING MEDIUM PURSUANT TO THIS SECTION SHALL BE POSTED OR MAINTAINED IN A CLEAR AND CONSPICUOUS MANNER. 4. ALL LETTERS, WORDS, FIGURES, OR NUMERALS WHICH ARE PART OF THE ADVERTISING MEDIA REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL HAVE A HEAVY TYPE FACE OR STROKE, SHALL BE CLEARLY VISIBLE, AND OF A COLOR OR TINT THAT WILL CONTRAST THE LETTERS, WORDS, FIGURES, OR NUMERALS WITH THE BACKGROUND OF THE ADVERTISING MEDIA. ANY FONT USED PURSUANT TO THIS SECTION MUST BE AT LEAST SIX INCHES IN HEIGHT. THE HEIGHT OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15526-03-2
co-Sponsors
(D) Senate District
(R) Senate District
2011-S7087A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Add §396-ff, Gen Bus L; amd §192, add §192-h, Ag & Mkts L
2011-S7087A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7087A TITLE OF BILL: An act to amend the general business law and the agriculture and markets law, in relation to the advertising medium for motor fuel sales PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that motorists are able to make informed decisions with respect to motor fuel purchases. SUMMARY OF SPECIFIC PROVISIONS: This bill would update New York law related to the posting of motor fuel prices by motor fuel stations. The bill would require stations offering fuel to the public at a differential price of seven percent or greater, to post the higher of the prices offered on an advertising medium. If the station offers motor fuel to the public at a differential price of less than seven percent, then the station must either post the higher of the prices available, or they must clearly and conspicuously give notice of the fact that they are advertising the reduced price. The bill would provide that failure to comply shall subject any person or firm to a civil penalty of up to five hundred dollars for a first offense, up to one thousand dollars for a second offense, and up to ten thousand dollars for a third or subsequent offense.
2011-S7087A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7087--A Cal. No. 616 I N S E N A T E April 27, 2012 ___________ Introduced by Sens. ZELDIN, DILAN, FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the general business law and the agriculture and markets law, in relation to the advertising medium for motor fuel sales 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 section 396-xx to read as follows: S 396-XX. ADVERTISING MEDIUM; MOTOR FUEL SALES. 1. THE TERM "ADVERTIS- ING MEDIUM," AS USED IN THIS SECTION, SHALL MEAN A STREET SIGN LOCATED WITHIN TEN FEET OF THE MAIN ENTRANCE OF THE PLACE OF BUSINESS OR AS CLOSE AS PRACTICABLE. 2. A. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, AND THE PRICES DEVI- ATE BY MORE THAN SEVEN PERCENT FOR THE SAME GRADE OF MOTOR FUEL, THEN THE PLACE OF BUSINESS MUST HAVE AN ADVERTISING MEDIUM THAT: (I) COMPLIES WITH THIS SECTION; (II) DISPLAYS AT LEAST THE HIGHER OF THE PRICES OFFERED FOR THAT GRADE OF MOTOR FUEL; AND (III) IS A STREET SIGN, WHICH IS AT LEAST SIX FEET HIGH AND FOUR FEET WIDE AND AT LEAST EIGHT FEET OFF THE GROUND. B. IN THE EVENT THAT THE SAME GRADE OF MOTOR FUEL IS SOLD AT DIFFERENT PRICES FROM ANY SINGLE PLACE OF BUSINESS, AND THE PRICES DEVIATE BY LESS THAN SEVEN PERCENT FOR THE SAME GRADE OF MOTOR FUEL AND THE PLACE OF BUSINESS SOLELY DISPLAYS THE PRICE OFFERED FOR MOTOR FUEL TO CUSTOMERS PAYING THE LOWER OF THE PRICES OFFERED, THEN THE PLACE OF BUSINESS MUST, IN A CLEAR AND CONSPICUOUS MANNER, INCLUDE A NOTICE EXPLAINING THE CONDITIONS UNDER WHICH SUCH FUEL IS SOLD OR OFFERED FOR SALE AT A DIFFERENT PRICE. THE CONDITIONS OF THE PRICE REDUCTION SHALL BE POSTED USING WORDS WITH LETTERS NOT LESS THAN ONE-THIRD THE SIZE OF THE PRICE NUMERALS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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