S T A T E O F N E W Y O R K
________________________________________________________________________
7285
2013-2014 Regular Sessions
I N A S S E M B L Y
May 10, 2013
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Introduced by M. of A. CAMARA -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to prohibiting
more than one increase in the price of gasoline in any twenty-four
hour period
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 arti-
cle 24-B to read as follows:
ARTICLE 24-B
MOTOR FUEL MARKETING PRACTICES ACT
SECTION 370. UNLAWFUL PRICE INCREASES; EXCEPTIONS.
S 370. UNLAWFUL PRICE INCREASES; EXCEPTIONS. (A) (1) IT IS UNLAWFUL
FOR ANY NONREFINER ENGAGED IN COMMERCE IN THIS STATE TO INCREASE THE
PRICE OF ANY GRADE OR QUALITY OF MOTOR FUEL SOLD AT A RETAIL OUTLET MORE
THAN ONCE IN A TWENTY-FOUR HOUR PERIOD.
(2) IT IS UNLAWFUL FOR ANY REFINER, INCLUDING ANY AFFILIATE OR AGENT
THEREOF, ENGAGED IN COMMERCE IN THIS STATE TO INCREASE THE PRICE OF ANY
GRADE OR QUALITY OF MOTOR FUEL SOLD MORE THAN ONCE IN A TWENTY-FOUR HOUR
PERIOD.
(B) (1) ANY VIOLATION OF THIS SECTION SHALL RESULT IN A CIVIL FINE OF
NOT MORE THAN FIVE HUNDRED DOLLARS TO BE COLLECTED BY THE CORPORATION
COUNSEL FOR ANY CITY OR BY THE APPROPRIATE ATTORNEY OF ANY POLITICAL
SUBDIVISION AS SHALL BE DESIGNATED BY THE GOVERNING BODY OF SUCH POLI-
TICAL SUBDIVISION.
(2) AN ISOLATED, INADVERTENT INCIDENT INVOLVING ACTIVITY PROHIBITED
PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL NOT BE A VIOLATION OF
THIS SECTION.
(C) AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01094-01-3
A. 7285 2
(1) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT INCLUDING ANY SPECIAL
FUEL WHICH IS USED FOR THE PROPULSION OF ANY MOTOR VEHICLE;
(2) "NONREFINER" MEANS ANY PERSON, OTHER THAN A REFINER, ENGAGED IN
THE SALE OF MOTOR FUEL;
(3) "PERSON" MEANS ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATIONS OR
LIMITED LIABILITY CORPORATIONS, COMPANIES, ASSOCIATIONS, SOCIETIES,
FIRMS, PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS, JOINT STOCK COMPA-
NIES, THE UNITED STATES, THE STATE OF NEW YORK AND ANY OF ITS POLITICAL
SUBDIVISIONS OR AGENTS;
(4) "REFINER" MEANS ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR FUEL
THROUGH THE LOADING RACK AT SUCH TERMINAL FACILITY, AND INCLUDES AN
AFFILIATE OF SUCH REFINER WITH RESPECT TO SUCH AFFILIATE'S SALE OF MOTOR
FUEL;
(5) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC; AND
(6) "SALE" OR "SELL" MEANS ANY TRANSFER, GIFT, BARTER, SALE, OFFER FOR
SALE, OR ADVERTISEMENT FOR SALE IN ANY MANNER OR BY ANY MEANS WHATSOEV-
ER, INCLUDING ANY TRANSFER OF MOTOR FUEL FROM A PERSON TO ITSELF OR AN
AFFILIATE AT ANOTHER LEVEL OF DISTRIBUTION, BUT DOES NOT INCLUDE PRODUCT
EXCHANGES AT THE WHOLESALE LEVEL OF DISTRIBUTION.
S 2. This act shall take effect immediately.