S T A T E O F N E W Y O R K
________________________________________________________________________
4667
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
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Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Consumer Affairs and 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-k to read as follows:
§ 392-K. 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.
LBD07931-01-9
A. 4667 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.
§ 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 are authorized to be made and completed
on or before such effective date.