senate Bill S6380

2013-2014 Legislative Session

Requires a dealer of motor fuel engaged in method of payment pricing to clearly post the price differences based on the method of payment

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2014 referred to consumer protection

S6380 - Details

See Assembly Version of this Bill:
A4612B
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง399-eee, Gen Bus L

S6380 - Summary

Requires a dealer of motor fuel engaged in method of payment pricing to clearly post the price differences based on the method of payment.

S6380 - Sponsor Memo

S6380 - Bill Text download pdf

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

                                  6380

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen. KENNEDY -- 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 requiring post-
  ing of method of payment pricing

  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
399-eee to read as follows:
  S  399-EEE.  METHOD  OF  PAYMENT PRICE POSTING REQUIRED.   1. A RETAIL
OUTLET DEALER WHO OFFERS FOR SALE MOTOR FUEL OF LIKE GRADE OR QUALITY AT
DIFFERENT PRICES PER GALLON BASED ON THE MANNER IN WHICH A CUSTOMER PAYS
FOR THE MOTOR FUEL SHALL POST  THE  METHOD  OF  PAYMENTS  THAT  WILL  BE
ACCEPTED  TO  SECURE  EACH SALE PRICE AND THE MANNER IN WHICH DEBIT CARD
PAYMENTS WILL BE TREATED IN RELATION TO CASH PURCHASES AND  CREDIT  CARD
PURCHASES.    THE  REQUIRED  POSTING SHALL BE ATTACHED TO THE DISPENSING
DEVICE FROM WHICH SUCH MOTOR FUEL IS SOLD OR OFFERED FOR SALE. THE POST-
ING SHALL BE CLEARLY AND LEGIBLY WRITTEN WITH A HEIGHT OF AT LEAST THREE
AND A HALF INCHES. DEALERS SHALL ALSO POST METHOD OF PAYMENT PRICING  ON
ALL  SIGNAGE ADVERTISING MOTOR FUEL. SIGNAGE AND SELLING PRICES SHALL BE
POSTED SO AS TO BE CLEARLY VISIBLE TO THE DRIVER OF AN APPROACHING MOTOR
VEHICLE OR MOTORBOAT. WHEN A CONSUMER, TO OBTAIN THE LOWEST PRICE FOR  A
GRADE OF GAS, IS REQUIRED TO REQUEST IT FROM AN ATTENDANT OR AGENT, SUCH
SIGNAGE SHALL NOTIFY THE CONSUMER OF SUCH PRICE DIFFERENCE.
  2.  IN  ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, WHENEVER THERE
SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY  BE  MADE  BY  THE
ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A
COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN
INJUNCTION,  AND,  UPON  NOTICE  TO  THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND  IF
IT  SHALL  APPEAR  TO  THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
DEFENDANT HAS, IN FACT, VIOLATED THIS  SECTION,  AN  INJUNCTION  MAY  BE
ISSUED  BY  SUCH  COURT OR JUSTICE, ENJOINING OR RESTRAINING ANY FURTHER
VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
INJURED  OR DAMAGED THEREBY. IN ANY SUCH PROCEEDINGS, THE COURT MAY MAKE

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

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