Bill Text: NY A09968 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the amount of each federal, state or local tax or fee included in the price of a gallon of fuel to be posted upon the dispensing device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-27 - referred to agriculture [A09968 Detail]
Download: New_York-2011-A09968-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9968 I N A S S E M B L Y April 27, 2012 ___________ Introduced by M. of A. GIBSON -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to requir- ing the posting of the taxes imposed upon each gallon of motor fuel and Diesel motor fuel used in a motor vehicle or motorboat THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 5 of section 192 of the agricul- 2 ture and markets law, as amended by chapter 101 of the laws of 1986, is 3 amended to read as follows: 4 a. It shall be unlawful for any person, firm or corporation to sell or 5 offer for sale at retail for use in internal combustion engines in motor 6 vehicles or motorboats any motor fuel OR DIESEL MOTOR FUEL, AS DEFINED 7 IN SECTION TWO HUNDRED EIGHTY-TWO OF THE TAX LAW, unless such seller 8 shall: 9 (i) post and keep posted on the dispensing device from which such 10 motor fuel OR DIESEL MOTOR FUEL is sold or offered for sale a sign or 11 placard, at least twelve inches in height and at least twelve inches in 12 width, stating clearly and legibly with the whole cent numerals at least 13 nine inches in height and at least two inches in width, the selling 14 price per gallon of such motor fuel. SUCH SIGN OR PLACARD SHALL ALSO, 15 CLEARLY AND LEGIBLY, SEPARATELY STATE EACH FEDERAL, STATE AND LOCAL TAX 16 AND FEE INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL 17 MOTOR FUEL; THE AGGREGATE OF ALL FEDERAL TAXES AND FEES, THE AGGREGATE 18 OF ALL STATE TAXES AND FEES, AND THE AGGREGATE OF ALL LOCAL TAXES AND 19 FEES INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL 20 MOTOR FUEL; AND THE AGGREGATE OF ALL FEDERAL, STATE AND LOCAL TAXES AND 21 FEES INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL 22 MOTOR FUEL; or 23 (ii) where such individual pump or dispensing device dispenses more 24 than two differently priced grades of motor fuel, only the highest and 25 lowest selling price per gallon of such motor fuel dispensed therefrom 26 must be posted thereon in conformance with all other provisions of this 27 subdivision; PROVIDED, HOWEVER, THAT THE FEDERAL, STATE AND LOCAL TAXES EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15159-01-2 A. 9968 2 1 AND FEES FOR EACH GRADE OF MOTOR FUEL SHALL BE POSTED IN COMPLIANCE WITH 2 THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH; or 3 (iii) where a multiple product dispensing device is capable of 4 dispensing multiple products at multiple prices, then the selling price 5 per gallon may be posted thereon with numerals at least one-half that 6 height and one-half that width required by subparagraph (i) of this 7 paragraph, although numerals representing tenths of a cent may be 8 displayed at no less than one-half those dimensions which disclose the 9 selling price per gallon of such motor fuel dispensed therefrom. 10 The signs [and], selling prices, AND FEDERAL, STATE AND LOCAL TAXES 11 AND FEES shall be posted so as to be clearly visible to the driver of an 12 approaching motor vehicle or motorboat. The name, trade name, brand, 13 mark or symbol, and grade of quality classification, if any of such 14 motor fuel OR DIESEL MOTOR FUEL shall be permanently imprinted on said 15 motor fuel OR DIESEL MOTOR FUEL dispensing device. The provisions of 16 this subdivision shall not apply to a city, county, town or village 17 which has already enacted and continues in effect a local law, ordi- 18 nance, rule or regulation in substantial conformity with this subdivi- 19 sion. The provisions of this subdivision shall be enforced in the coun- 20 ties outside the city of New York by the county or city director of 21 weights and measures, as the case may be, and in the city of New York by 22 the department of consumer affairs. THE COMMISSIONER, BY RULE, SHALL 23 ESTABLISH THE SIZE OF THE NOTICE OF FEDERAL, STATE AND LOCAL TAXES AND 24 FEES INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL 25 MOTOR FUEL. 26 S 2. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law; provided that, effective immediately, any 28 rules and regulations necessary to implement the provisions of this act 29 on its effective date are authorized and directed to be amended, promul- 30 gated and/or repealed on or before such date.