Bill Text: NY A04612 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Strong Partisan Bill (Democrat 23-2)

Status: (Introduced - Dead) 2014-01-08 - referred to economic development [A04612 Detail]

Download: New_York-2013-A04612-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4612
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2013
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
         Committee on Economic Development
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  399-eee to read as follows:
    3    S  399-EEE.  METHOD OF PAYMENT PRICE POSTING REQUIRED.  1. (A) "METHOD
    4  OF PAYMENT" MEANS THE MANNER IN WHICH A CUSTOMER PAYS FOR MOTOR FUEL  AT
    5  A  RETAIL OUTLET USING CASH, CHECK, DEBIT CARD, CREDIT CARD OR A SIMILAR
    6  MEANS OF PAYMENT.
    7    (B) "METHOD OF PAYMENT PRICING" MEANS DIFFERENCES  IN  THE  PRICE  PER
    8  GALLON  OF  MOTOR FUEL OF LIKE GRADE OR QUALITY OFFERED FOR SALE OR SOLD
    9  BY A RETAIL OUTLET BASED ON THE CUSTOMER'S METHOD OF PAYMENT.
   10    2. A DEALER ENGAGING IN METHOD OF PAYMENT PRICING WITH RESPECT TO  ANY
   11  MOTOR  FUEL  OF  LIKE  GRADE OR QUALITY SHALL POST SUCH PRICE DIFFERENCE
   12  BASED ON METHOD OF PAYMENT. THE REQUIRED POSTING SHALL  BE  ATTACHED  TO
   13  THE  DISPENSING DEVICE FROM WHICH SUCH MOTOR FUEL IS SOLD OR OFFERED FOR
   14  SALE. THE POSTING SHALL BE CLEARLY AND LEGIBLY WRITTEN WITH A HEIGHT  OF
   15  AT  LEAST  THREE  AND  A  HALF INCHES. DEALERS SHALL ALSO POST METHOD OF
   16  PAYMENT PRICING ON ALL SIGNAGE ADVERTISING MOTOR FUEL. SIGNAGE AND SELL-
   17  ING PRICES SHALL BE POSTED SO AS TO BE CLEARLY VISIBLE TO THE DRIVER  OF
   18  AN  APPROACHING  MOTOR  VEHICLE OR MOTORBOAT. WHEN A CONSUMER, TO OBTAIN
   19  THE LOWEST PRICE FOR A GRADE OF GAS, IS REQUIRED TO REQUEST IT  FROM  AN
   20  ATTENDANT OR AGENT, SUCH SIGNAGE SHALL NOTIFY THE CONSUMER OF SUCH PRICE
   21  DIFFERENCE.
   22    3.  IN  ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, WHENEVER THERE
   23  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY  BE  MADE  BY  THE
   24  ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A
   25  COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08283-01-3
       A. 4612                             2
    1  INJUNCTION,  AND,  UPON  NOTICE  TO  THE DEFENDANT OF NOT LESS THAN FIVE
    2  DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND  IF
    3  IT  SHALL  APPEAR  TO  THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
    4  DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS SECTION, AN INJUNCTION MAY BE
    5  ISSUED BY SUCH COURT OR JUSTICE, ENJOINING OR  RESTRAINING  ANY  FURTHER
    6  VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
    7  INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDINGS, THE COURT MAY  MAKE
    8  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
    9  SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
   10  TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
   11  DETERMINE  THAT  A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
   12  IMPOSE A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND  DOLLARS  FOR  EACH
   13  VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
   14  NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF  THE
   15  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   16  TICE LAW AND RULES.
   17    S  2.  This  act  shall take effect on the sixtieth day after it shall
   18  have become a law.