senate Bill S4984

2013-2014 Legislative Session

Prohibits more than one increase in the price of motor fuel in any twenty-four hour period

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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
May 02, 2013 referred to consumer protection

S4984 - Bill Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง392-j, Gen Bus L

S4984 - Bill Texts

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Prohibits more than one increase in the price of motor fuel in any twenty-four hour period.

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BILL NUMBER:S4984

TITLE OF BILL: 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

PURPOSE: This bill would restrict owners of service stations, filling
stations, stores, garages or other places of business for the sale of
motor fuel from changing fuel prices more than once a day.

SUMMARY OF PROVISIONS: This would add a new section 392-j to the
General Business Law to make it unlawful to change fuel prices more
than once a day. Violation of this would result in a civil fine of up
to $500.00.

JUSTIFICATION: This bill would prevent sellers of motor fuel from
changing fuel prices any more than once per day. It would prevent
unscrupulous service station owners from taking advantage of consumers
and price gouging by raising fuel prices -- often without an increase
in the actual price of gasoline -- multiple times in one day.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPACT ON THE STATE: None.

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

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

                                  4984

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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  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 section
392-j to read as follows:
  S  392-J.  UNLAWFUL  MOTOR FUEL PRICE INCREASES; EXCEPTIONS. 1. (A) IT
SHALL BE 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.
  (B) IT SHALL BE 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.
  2.  (A)  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.
  (B)  AN  ISOLATED,  INADVERTENT INCIDENT INVOLVING ACTIVITY PROHIBITED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE A VIOLATION  OF
THIS SECTION.
  3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A)  "MOTOR FUEL" SHALL MEAN (I) ALL PRODUCTS COMMONLY OR COMMERCIALLY
KNOWN OR SOLD  AS  GASOLINE  (INCLUDING  CASINGHEAD  AND  ABSORPTION  OR
NATURAL GASOLINE), BENZOL, BENZENE, OR NAPHTHA REGARDLESS OF THEIR CLAS-
SIFICATION  OR  USES;  AND (II) ANY LIQUID PREPARED, ADVERTISED, OFFERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08680-01-3

S. 4984                             2

FOR SALE OR SOLD FOR USE AS OR COMMONLY AND COMMERCIALLY USED AS A  FUEL
IN  INTERNAL COMBUSTION ENGINES, WHICH WHEN SUBJECTED TO DISTILLATION IN
ACCORDANCE WITH THE STANDARD METHOD OF TEST FOR  DISTILLATION  OF  GASO-
LINE, NAPHTHA, KEROSENE AND SIMILAR PETROLEUM PRODUCTS (AMERICAN SOCIETY
OF TESTING MATERIAL DESIGNATION D-86) SHOWS NOT LESS THAN TEN PER CENTUM
(10%)  DISTILLED  RECOVERED  BELOW  THREE  HUNDRED  FORTY-SEVEN  DEGREES
FAHRENHEIT OR ONE HUNDRED SEVENTY-FIVE DEGREES CENTIGRADE AND  NOT  LESS
THAN  NINETY-FIVE  PER  CENTUM  DISTILLED,  RECOVERED BELOW FOUR HUNDRED
SIXTY-FOUR DEGREES FAHRENHEIT OR TWO HUNDRED FORTY  DEGREES  CENTIGRADE;
AND (III) ANY OTHER PRODUCT OR LIQUID WHEN SOLD FOR USE AS A FUEL IN ANY
TYPE  OF  INTERNAL COMBUSTION ENGINE FURNISHING POWER TO OPERATE A MOTOR
VEHICLE.
  (B) "NONREFINER" MEANS ANY PERSON, OTHER THAN A  REFINER,  ENGAGED  IN
THE SALE OF MOTOR FUEL;
  (C)  "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;
  (D)  "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;
  (E) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC; AND
  (F) "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 on the ninetieth day  after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.

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