Assembly Bill A1003B

2013-2014 Legislative Session

Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems

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Archive: Last Bill Status - In Assembly 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
May 28, 2014	reported referred to codes
May 22, 2014	print number 1003b
May 22, 2014	amend and recommit to consumer affairs and protection
Jan 08, 2014	referred to consumer affairs and protection
Jun 10, 2013	reported referred to rules
Jun 03, 2013	reported referred to codes
May 29, 2013	print number 1003a
May 29, 2013	amend and recommit to consumer affairs and protection
Jan 09, 2013	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2013-A1003 - Details

See Senate Version of this Bill:: S7546
Current Committee:: Assembly Codes
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192, Ag & Mkts L; amd §94-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6173
2015-2016: A3082, S3399
2017-2018: A5440
2019-2020: A4065

2013-A1003 - Summary

Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems.

2013-A1003 - Bill Text download pdf

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

                                  1003

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. BRENNAN,
  RIVERA,  ROBERTS, ROBINSON, STEVENSON -- read once and referred to the
  Committee on Consumer Affairs and Protection

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
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

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

                                                           LBD03834-01-3

A. 1003                             2

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 FOURTEEN, 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,  2014;  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,  2014;
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.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2013-A1003A - Details

See Senate Version of this Bill:: S7546
Current Committee:: Assembly Codes
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192, Ag & Mkts L; amd §94-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6173
2015-2016: A3082, S3399
2017-2018: A5440
2019-2020: A4065

2013-A1003A - Summary

Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems.

2013-A1003A - Bill Text download pdf

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

                                 1003--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. WEPRIN, MOSLEY, OTIS, BRINDISI, GIBSON -- Multi-
  Sponsored by -- M. of A.  BRENNAN,  COOK,  CROUCH,  GABRYSZAK,  PERRY,
  RIVERA,  ROBERTS,  ROBINSON,  STEVENSON, WEINSTEIN, WEISENBERG -- read
  once and referred to the Committee on Consumer Affairs and  Protection
  --  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.

                                                           LBD03834-04-3

A. 1003--A                          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  STATE  FOR
RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
GRAPH A OF SUBDIVISION 3 OF SECTION 94-A 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. Paragraph a of subdivision 3 of section 94-a of the executive law
is amended by adding a new subparagraph 16 to read as follows:
  (16) (I) NO LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, 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 STATE FOR RECEIVING INQUIRIES
FROM CONSUMERS.
  (II) EMPLOYEES OF THE DEPARTMENT OF STATE, UPON RECEIPT OF A COMPLAINT
FROM A CONSUMER THROUGH MEANS OF THE  TOLL-FREE  NUMBER  ESTABLISHED  IN
CLAUSE  (I)  OF  THIS  SUBPARAGRAPH,  SHALL FORWARD THE CONTENTS OF SUCH
COMPLAINT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE APPROPRI-
ATE MUNICIPALITY OR LOCAL GOVERNMENT.
  S 3. This act shall take effect  April  1,  2014;  provided  that  the
department  of  state  shall establish the toll-free telephone number as
required by section two of this  act  on  or  before  January  1,  2014;
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.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2013-A1003B (ACTIVE) - Details

See Senate Version of this Bill:: S7546
Current Committee:: Assembly Codes
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192, Ag & Mkts L; amd §94-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A6173
2015-2016: A3082, S3399
2017-2018: A5440
2019-2020: A4065

2013-A1003B (ACTIVE) - Summary

Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems.

2013-A1003B (ACTIVE) - Bill Text download pdf

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

                                 1003--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  MOSLEY, OTIS, BRINDISI, SALADINO --
  Multi-Sponsored by -- M. of A. BRENNAN, COOK, CROUCH,  PERRY,  RIVERA,
  ROBERTS,  ROBINSON, WEINSTEIN, WEISENBERG -- read once and referred to
  the  Committee  on  Consumer  Affairs  and  Protection  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Consumer Affairs
  and Protection 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03834-08-4

A. 1003--B                          2

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
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 STATE FOR
RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
GRAPH A OF SUBDIVISION 3 OF SECTION 94-A 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. Paragraph a of subdivision 3 of section 94-a of the executive law
is amended by adding a new subparagraph 16 to read as follows:
  (16) (I) NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN,  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 STATE FOR RECEIVING INQUIRIES
FROM CONSUMERS.
  (II) EMPLOYEES OF THE DEPARTMENT OF STATE, UPON RECEIPT OF A COMPLAINT
FROM A CONSUMER THROUGH MEANS OF THE  TOLL-FREE  NUMBER  ESTABLISHED  IN
CLAUSE  (I)  OF  THIS  SUBPARAGRAPH,  SHALL FORWARD THE CONTENTS OF SUCH
COMPLAINT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE APPROPRI-
ATE MUNICIPALITY OR LOCAL GOVERNMENT.
  S 3. This act shall take effect April 1, 2015; except that clause  (i)
of  subparagraph  16  of paragraph a of subdivision 3 of section 94-a of
the executive law, as added by section  two  of  this  act,  shall  take
effect  immediately;  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, promul-
gated and/or repealed on or before such date.

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Assembly Bill A1003B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A1003 - Details

2013-A1003 - Summary

2013-A1003 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A1003A - Details

2013-A1003A - Summary

2013-A1003A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A1003B (ACTIVE) - Details

2013-A1003B (ACTIVE) - Summary

2013-A1003B (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A1003B

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Sponsored By

WEPRIN

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Walter T. Mosley

Steven Otis

Anthony Brindisi

Vanessa Gibson

multi-Sponsors

James F. Brennan

Vivian Cook

Clifford Crouch

Dennis H. Gabryszak

2013-A1003 - Details

2013-A1003 - Summary

2013-A1003 - Bill Text download pdf

co-Sponsors

Walter T. Mosley

Steven Otis

Anthony Brindisi

Joseph Saladino

multi-Sponsors

James F. Brennan

Vivian Cook

Clifford Crouch

N. Nick Perry

2013-A1003A - Details

2013-A1003A - Summary

2013-A1003A - Bill Text download pdf

co-Sponsors

Walter T. Mosley

Steven Otis

Anthony Brindisi

Joseph Saladino

multi-Sponsors

James F. Brennan

Vivian Cook

Clifford Crouch

N. Nick Perry

2013-A1003B (ACTIVE) - Details

2013-A1003B (ACTIVE) - Summary

2013-A1003B (ACTIVE) - Bill Text download pdf

Comments