Bill Text: NY S07226 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits method of payment pricing of gasoline, wherein the price per gallon of motor fuel of like grade or quality that is offered for sale or sold by a retail outlet using a credit or debit card varies by more than three percent of the cash price.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-02 - REFERRED TO CONSUMER PROTECTION [S07226 Detail]

Download: New_York-2011-S07226-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7226
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general business  law,  in  relation  to  method  of
         payment pricing of gasoline
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The section heading of section 399-ee of the general  busi-
    2  ness  law,  as  added  by chapter 579 of the laws of 2008, is amended to
    3  read as follows:
    4    Zone pricing AND METHOD OF PAYMENT PRICING of gasoline prohibited.
    5    S 2. Subdivision 1 of section 399-ee of the general  business  law  is
    6  amended by adding two new paragraphs (n) and (o) to read as follows:
    7    (N)  "METHOD OF PAYMENT" MEANS THE MANNER IN WHICH A CUSTOMER PAYS FOR
    8  MOTOR FUEL AT A RETAIL OUTLET USING CASH, CHECK, DEBIT CARD, CREDIT CARD
    9  OR A SIMILAR MEANS OF PAYMENT.
   10    (O) "METHOD OF PAYMENT PRICING" MEANS DIFFERENCES  IN  THE  PRICE  PER
   11  GALLON  OF  MOTOR FUEL OF LIKE GRADE OR QUALITY OFFERED FOR SALE OR SOLD
   12  BY A RETAIL OUTLET BASED ON THE CUSTOMER'S METHOD OF PAYMENT.
   13    S 3. Subdivision 3 of section 399-ee of the general  business  law  is
   14  renumbered  subdivision  4  and  a new subdivision 3 is added to read as
   15  follows:
   16    3. NO DEALER SHALL ENGAGE IN METHOD OF PAYMENT PRICING WITH RESPECT TO
   17  ANY MOTOR FUEL OF LIKE GRADE OR QUALITY,  EXCEPT  THAT  THE  DEALER  MAY
   18  IMPOSE  A  CHARGE FOR THE USE OF A CREDIT OR DEBIT CARD IN AN AMOUNT NOT
   19  TO EXCEED THE GREATER OF THE TRANSACTION FEE INCURRED BY THE DEALER  FOR
   20  PROCESSING  THE  CREDIT  OR  DEBIT CARD PURCHASE OR THREE PERCENT OF THE
   21  CASH PRICE.
   22    S 4. This act shall take effect on the thirtieth day  after  it  shall
   23  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15088-04-2