Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 18, 2011 |
referred to consumer protection |
Senate Bill S2076
2011-2012 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
2011-S2076 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §199-a, add §199-o, Gen Bus L
- Versions Introduced in 2009-2010 Legislative Session:
-
S1584
2011-S2076 (ACTIVE) - Summary
Regulates marketing practices of refiners and distributors of motor fuel with respect to the imposition of inequitable prices to consumers by prohibiting refiners and distributors from selling motor fuel to any dealer at a price that exceeds 94% of the consumer retail price for the same fuel sold from a direct operated service station in the same area and from certain price schemes; makes definitions; provides for a civil fine not to exceed five thousand dollars and ten thousand dollars for the second offense.
2011-S2076 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2076 TITLE OF BILL: An act to amend the general business law, in relation to the marketing of motor fuels PURPOSE OF THE BILL: The bill addresses a chronic and growing problem concerning pricing practices by petroleum refiners and distributors. SUMMARY OF SPECIFIC PROVISIONS: Refiners or distributors would be prohibited from selling motor fuel to any dealer at a price that exceeds ninety-four percent of the consumer retail price for the same or similar grade of fuel sold from a direct operated service station in the same area. Secondly, refiners or distributors would be prohibited from entering into any scheme or agreement to set, charge or maintain the retail price of motor fuel at any outlet which is not directly operated by the refiner or distributor. These provisions would be enforceable by the attorney general or by any dealer who may be injured by reason of any violation. The dealer would have a private right of action to recover actual damages or fifty dollars, whichever is greater. The court may increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars if the court determines that the defendant willfully or knowingly violated the law.
2011-S2076 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2076 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- 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 marketing of motor fuels THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 199-a of the general business law, as added by chapter 265 of the laws of 1975, is amended to read as follows: 1. "Distributor" means any person [engaged in the sale, consignment, or distribution of motor fuels to dealers], INCLUDING ANY AFFILIATE OF SUCH PERSON, WHO PURCHASES MOTOR FUEL FOR SALE, CONSIGNMENT, OR DISTRIB- UTION TO ANOTHER, OR WHO RECEIVES MOTOR FUEL ON CONSIGNMENT, FOR CONSIGNMENT OR DISTRIBUTION TO THEIR OWN MOTOR FUEL ACCOUNTS OR TO ACCOUNTS OF THEIR SUPPLIER. "DISTRIBUTOR" DOES NOT INCLUDE A PERSON WHO IS AN EMPLOYEE OF, OR MERELY SERVES AS A COMMON CARRIER PROVIDING TRANS- PORTATION SERVICE FOR SUCH SUPPLIER. S 2. Section 199-a of the general business law is amended by adding seven new subdivisions 6, 7, 8, 9, 10, 11 and 12 to read as follows: 6. "REFINER" MEANS ANY PERSON ENGAGED IN THE REFINING OF CRUDE OIL TO PRODUCE MOTOR FUEL, AND INCLUDES ANY AFFILIATE OF SUCH PERSON. 7. "MOTOR FUEL" MEANS GASOLINE AND DIESEL FUEL OF A TYPE DISTRIBUTED FOR SELF-PROPELLED VEHICLES DESIGNED PRIMARILY FOR USE ON PUBLIC STREETS, ROADS AND HIGHWAYS. 8. "CONSUMER RETAIL PRICE" MEANS THE PRICE PER GALLON AT WHICH MOTOR FUEL IS SOLD TO THE PUBLIC AT A DIRECT OPERATED SERVICE STATION. IF MOTOR FUEL IS SOLD WITH ANOTHER ITEM OR SERVICE AT A COMBINED PRICE, THEN THE CONSUMER RETAIL PRICE SHALL BE ADJUSTED TO INCLUDE THE PRICE PER GALLON OF ANY SUCH ITEM OR SERVICE LESS THE COST PER GALLON OF SUCH ITEM OR SERVICE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06698-01-1
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