Bill Text: NY A04667 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A04667 Detail]

Download: New_York-2019-A04667-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4667
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        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:
     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    §  392-k.  Unlawful  motor fuel price increases; exceptions. 1. (a) It
     4  shall be unlawful for any nonrefiner engaged in commerce in  this  state
     5  to  increase  the  price of any grade or quality of motor fuel sold at a
     6  retail outlet more than once in a twenty-four hour period.
     7    (b) It shall be unlawful for any refiner, including any  affiliate  or
     8  agent  thereof,  engaged in commerce in this state to increase the price
     9  of any grade or quality of motor fuel sold more than once in  a  twenty-
    10  four hour period.
    11    2.  (a)  Any violation of this section shall result in a civil fine of
    12  not more than five hundred dollars to be collected  by  the  corporation
    13  counsel  for  any  city  or by the appropriate attorney of any political
    14  subdivision as shall be designated by the governing body of  such  poli-
    15  tical subdivision.
    16    (b)  An  isolated,  inadvertent incident involving activity prohibited
    17  pursuant to subdivision one of this section shall not be a violation  of
    18  this section.
    19    3. As used in this section, the following terms shall have the follow-
    20  ing meanings:
    21    (a)  "motor fuel" shall mean (i) all products commonly or commercially
    22  known or sold  as  gasoline  (including  casinghead  and  absorption  or
    23  natural gasoline), benzol, benzene, or naphtha regardless of their clas-
    24  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
     1  for sale or sold for use as or commonly and commercially used as a  fuel
     2  in  internal combustion engines, which when subjected to distillation in
     3  accordance with the standard method of test for  distillation  of  gaso-
     4  line, naphtha, kerosene and similar petroleum products (American Society
     5  of Testing Material Designation D-86) shows not less than ten per centum
     6  (10%)  distilled  recovered  below  three  hundred  forty-seven  degrees
     7  fahrenheit or one hundred seventy-five degrees centigrade and  not  less
     8  than  ninety-five  per  centum  distilled,  recovered below four hundred
     9  sixty-four degrees fahrenheit or two hundred forty  degrees  centigrade;
    10  and (iii) any other product or liquid when sold for use as a fuel in any
    11  type  of  internal combustion engine furnishing power to operate a motor
    12  vehicle.
    13    (b) "nonrefiner" means any person, other than a  refiner,  engaged  in
    14  the sale of motor fuel;
    15    (c)  "person"  means any individual, public or private corporations or
    16  limited  liability  corporations,  companies,  associations,  societies,
    17  firms,  partnerships, limited liability partnerships, joint stock compa-
    18  nies, the United States, the state of New York and any of its  political
    19  subdivisions or agents;
    20    (d)  "refiner"  means  any person who produces and stores or exchanges
    21  motor fuel at a terminal facility and who sells or transfers motor  fuel
    22  through  the  loading  rack  at  such terminal facility, and includes an
    23  affiliate of such refiner with respect to such affiliate's sale of motor
    24  fuel;
    25    (e) "retail outlet" means a facility, including land and improvements,
    26  where motor fuel is offered for sale at retail to the public; and
    27    (f) "sale" or "sell" means any transfer, gift, barter, sale, offer for
    28  sale, or advertisement for sale in any manner or by any means  whatsoev-
    29  er,  including  any transfer of motor fuel from a person to itself or an
    30  affiliate at another level of distribution, but does not include product
    31  exchanges at the wholesale level of distribution.
    32    § 2. This act shall take effect on the ninetieth day  after  it  shall
    33  have become a law. Effective immediately, the addition, amendment and/or
    34  repeal  of  any  rule  or regulation necessary for the implementation of
    35  this act on its effective date are authorized to be made  and  completed
    36  on or before such effective date.