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

New York Assembly Bill 4612 (Prior Session Legislation)

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

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-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4612--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2013
                                      ___________
       Introduced  by  M.  of  A.  SEPULVEDA,  ROSENTHAL,  STEVENSON, ROBINSON,
         COLTON, MONTESANO, HEASTIE, MAISEL, ORTIZ,  ESPINAL,  CRESPO,  HEVESI,
         GALEF,  ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,
         BUCHWALD, FAHY, GLICK, GOTTFRIED, HIKIND, LUPINACCI,  MILLMAN,  PERRY,
         RIVERA,  ROSA,  THIELE,  WEISENBERG  --  read once and referred to the
         Committee  on  Economic  Development  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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 RETAIL
    4  OUTLET DEALER WHO OFFERS FOR SALE MOTOR FUEL OF LIKE GRADE OR QUALITY AT
    5  DIFFERENT PRICES PER GALLON BASED ON THE MANNER IN WHICH A CUSTOMER PAYS
    6  FOR THE MOTOR FUEL SHALL POST  THE  METHOD  OF  PAYMENTS  THAT  WILL  BE
    7  ACCEPTED  TO  SECURE  EACH SALE PRICE AND THE MANNER IN WHICH DEBIT CARD
    8  PAYMENTS WILL BE TREATED IN RELATION TO CASH PURCHASES AND  CREDIT  CARD
    9  PURCHASES.    THE  REQUIRED  POSTING SHALL BE ATTACHED TO THE DISPENSING
   10  DEVICE FROM WHICH SUCH MOTOR FUEL IS SOLD OR OFFERED FOR SALE. THE POST-
   11  ING SHALL BE CLEARLY AND LEGIBLY WRITTEN WITH A HEIGHT OF AT LEAST THREE
   12  AND A HALF INCHES. DEALERS SHALL ALSO POST METHOD OF PAYMENT PRICING  ON
   13  ALL  SIGNAGE ADVERTISING MOTOR FUEL. SIGNAGE AND SELLING PRICES SHALL BE
   14  POSTED SO AS TO BE CLEARLY VISIBLE TO THE DRIVER OF AN APPROACHING MOTOR
   15  VEHICLE OR MOTORBOAT. WHEN A CONSUMER, TO OBTAIN THE LOWEST PRICE FOR  A
   16  GRADE OF GAS, IS REQUIRED TO REQUEST IT FROM AN ATTENDANT OR AGENT, SUCH
   17  SIGNAGE SHALL NOTIFY THE CONSUMER OF SUCH PRICE DIFFERENCE.
   18    2.  IN  ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, WHENEVER THERE
   19  SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY  BE  MADE  BY  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08283-02-3
       A. 4612--A                          2
    1  ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A
    2  COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN
    3  INJUNCTION,  AND,  UPON  NOTICE  TO  THE DEFENDANT OF NOT LESS THAN FIVE
    4  DAYS,  TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
    5  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
    6  DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS SECTION, AN INJUNCTION MAY BE
    7  ISSUED BY SUCH COURT OR JUSTICE, ENJOINING OR  RESTRAINING  ANY  FURTHER
    8  VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
    9  INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDINGS, THE COURT MAY  MAKE
   10  ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
   11  SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
   12  TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
   13  DETERMINE  THAT  A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY
   14  IMPOSE A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND  DOLLARS  FOR  EACH
   15  VIOLATION.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR-
   16  NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF  THE
   17  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   18  TICE LAW AND RULES.
   19    S  2.  This  act  shall take effect on the sixtieth day after it shall
   20  have become a law.