senate Bill S3063

2013-2014 Legislative Session

Prohibits method of payment pricing of gasoline

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 29, 2013 referred to consumer protection

S3063 - Bill Details

See Assembly Version of this Bill:
A3887
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยง399-ee, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S7226, A9788A

S3063 - Bill Texts

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Prohibits method of payment pricing of gasoline, wherein the price per gallon of motor fuel of like grade or quality that is offered for sale or sold by a retail outlet using a credit or debit card varies by more than three percent of the cash price.

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BILL NUMBER:S3063

TITLE OF BILL: An act to amend the general business law, in relation to
method of payment pricing of gasoline

PURPOSE: To prevent unrestrained additional charges for the use of
credit and debit cards when purchasing gasoline.

SUMMARY OF PROVISIONS: This bill amends the general business law to add
paragraphs 'n' and 'o' to subdivision 1 of section 399-ee of the general
business law. It also adds a new subdivision 3 of the same section of
the general business law.

JUSTIFICATION: This legislation would prohibit gasoline stations from
charging a greater rate per gallon for gasoline for credit and debit
card customers, as opposed to those who pay cash except that the dealer
may impose a charge for the use of a credit or debit card in an amount
not to exceed the greater of the transaction fee incurred by the dealer
for processing the credit or debit card purchase or three percent of the
cash price. Certain retailers are charging as much as two dollars per
gallon for the use of a credit card. This legislation will prevent gaso-
line retailers from charging consumers exorbitant surcharges for using.
a credit or debit card when purchasing gasoline.

LEGISLATIVE HISTORY: 2012 S.7226/A.9788A.

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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

    S. 3063                                                  A. 3887

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 29, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the  general  business law, in relation to method of
  payment pricing of gasoline

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The section heading of section 399-ee of the general busi-
ness law, as added by chapter 579 of the laws of  2008,  is  amended  to
read as follows:
  Zone pricing AND METHOD OF PAYMENT PRICING of gasoline prohibited.
  S  2.  Subdivision  1 of section 399-ee of the general business law is
amended by adding two new paragraphs (n) and (o) to read as follows:
  (N) "METHOD OF PAYMENT" MEANS THE MANNER IN WHICH A CUSTOMER PAYS  FOR
MOTOR FUEL AT A RETAIL OUTLET USING CASH, CHECK, DEBIT CARD, CREDIT CARD
OR A SIMILAR MEANS OF PAYMENT.
  (O)  "METHOD  OF  PAYMENT  PRICING" MEANS DIFFERENCES IN THE PRICE PER
GALLON OF MOTOR FUEL OF LIKE GRADE OR QUALITY OFFERED FOR SALE  OR  SOLD
BY A RETAIL OUTLET BASED ON THE CUSTOMER'S METHOD OF PAYMENT.
  S  3.  Subdivision  3 of section 399-ee of the general business law is
renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
follows:
  3. NO DEALER SHALL ENGAGE IN METHOD OF PAYMENT PRICING WITH RESPECT TO
ANY  MOTOR  FUEL  OF  LIKE  GRADE OR QUALITY, EXCEPT THAT THE DEALER MAY
IMPOSE A CHARGE FOR THE USE OF A CREDIT OR DEBIT CARD IN AN  AMOUNT  NOT
TO  EXCEED THE GREATER OF THE TRANSACTION FEE INCURRED BY THE DEALER FOR
PROCESSING THE CREDIT OR DEBIT CARD PURCHASE OR  THREE  PERCENT  OF  THE
CASH PRICE.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03495-01-3

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