Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to consumer protection |
Jun 12, 2009 |
print number 4934a |
Jun 12, 2009 |
amend and recommit to consumer protection |
Apr 27, 2009 |
referred to consumer protection |
Senate Bill S4934
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-S4934 - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §199-o, Gen Bus L
2009-S4934 - Sponsor Memo
BILL NUMBER: S4934 TITLE OF BILL : An act to amend the general business law, in relation to the right of gasoline dealers to offer discounts PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to ensure that gasoline dealers are able to offer consumers a discount for using certain methods of payment. SUMMARY OF SPECIFIC PROVISIONS : This bill adds a new section 199-0 to the general business law to prohibit motor fuel franchise agreements from restricting a motor fuel dealer's right to offer discounts for certain methods of payment. JUSTIFICATION : The distribution and sale of motor vehicle fuels and oils affects the general economy of the state, the public interest and the public welfare. Provisions in certain motor fuel franchise agreements prohibit gasoline dealers from offering a discount to a buyer based upon the method of payment by such buyer for gasoline. Such provisions constitute unreasonable restraints on competitive pricing and inhibit the fair and efficient functioning of a free market economy within the motor fuel industry. With the price of gasoline increasing rapidly, many gasoline dealers would like to use discounts as a way to provide
2009-S4934 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4934 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. STACHOWSKI -- 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 the right of gasoline dealers to offer discounts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declarations. The legislature finds and declares that the distribution and sale of motor vehicle fuels and oils affects the general economy of the state, the public interest and the public welfare. The legislature further finds and declares that provisions in certain existing petroleum franchise agreements prohibit gasoline dealers from offering a discount to a buyer based upon the method of payment by such buyer for gasoline. The legislature further finds and declares that such provisions constitute unreasonable restraints on competitive pricing and inhibit the fair and efficient functioning of a free market economy within the petroleum industry. Therefore, it is provided that the provisions of any franchise agreement that prohibit gasoline dealers from offering a discount to a buyer based upon the method of payment by such buyer for gasoline are void and with- out effect as contrary to public policy. S 2. The general business law is amended by adding a new section 199-o to read as follows: S 199-O. DEALERS' RIGHT TO OFFER DISCOUNTS. NO EXISTING OR FUTURE FRANCHISE AGREEMENT SHALL PROHIBIT A GASOLINE DEALER FROM OFFERING A DISCOUNT TO A BUYER BASED UPON THE METHOD OF PAYMENT BY SUCH BUYER FOR SUCH GASOLINE. ANY PROVISION IN SUCH FRANCHISE AGREEMENT PROHIBITING SUCH DEALER FROM OFFERING SUCH DISCOUNT SHALL BE VOID AND UNENFORCEABLE AS CONTRARY TO PUBLIC POLICY. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08621-01-9
2009-S4934A (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §199-o, Gen Bus L
2009-S4934A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4934 TITLE OF BILL : An act to amend the general business law, in relation to the right of gasoline dealers to offer discounts PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to ensure that gasoline dealers are able to offer consumers a discount for using certain methods of payment. SUMMARY OF SPECIFIC PROVISIONS : This bill adds a new section 199-0 to the general business law to prohibit motor fuel franchise agreements from restricting a motor fuel dealer's right to offer discounts for certain methods of payment. JUSTIFICATION : The distribution and sale of motor vehicle fuels and oils affects the general economy of the state, the public interest and the public welfare. Provisions in certain motor fuel franchise agreements prohibit gasoline dealers from offering a discount to a buyer based upon the method of payment by such buyer for gasoline. Such provisions constitute unreasonable restraints on competitive pricing and inhibit the fair and efficient functioning of a free market economy within the motor fuel industry. With the price of gasoline increasing rapidly, many gasoline dealers would like to use discounts as a way to provide
2009-S4934A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4934--A 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. STACHOWSKI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the right of gasoline dealers to offer discounts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and declarations. The legislature finds and declares that the distribution and sale of motor vehicle fuels and oils affects the general economy of the state, the public interest and the public welfare. The legislature further finds and declares that provisions in certain existing petroleum franchise agreements prohibit gasoline dealers from offering a discount to a buyer based upon the method of payment by such buyer for gasoline. The legislature further finds and declares that such provisions constitute unreasonable restraints on competitive pricing and inhibit the fair and efficient functioning of a free market economy within the petroleum industry. Therefore, it is provided that the provisions of any franchise agreement that prohibit gasoline dealers from offering a discount to a buyer based upon the method of payment by such buyer for gasoline are void and with- out effect as contrary to public policy. S 2. The general business law is amended by adding a new section 199-o to read as follows: S 199-O. DEALERS' RIGHT TO OFFER DISCOUNTS. NO FUTURE FRANCHISE AGREE- MENT SHALL PROHIBIT A GASOLINE DEALER FROM OFFERING A DISCOUNT TO A BUYER BASED UPON THE METHOD OF PAYMENT BY SUCH BUYER FOR SUCH GASOLINE. ANY PROVISION IN SUCH FRANCHISE AGREEMENT PROHIBITING SUCH DEALER FROM OFFERING SUCH DISCOUNT SHALL BE VOID AND UNENFORCEABLE AS CONTRARY TO PUBLIC POLICY. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08621-03-9
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