NY State Senate Bill 2011-S6820

Senate Bill S6820

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2012	referred to agriculture

2011-S6820 (ACTIVE) - Details

See Assembly Version of this Bill:: A9968
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §192, Ag & Mkts L
Versions Introduced in 2013-2014 Legislative Session:: A1838

2011-S6820 (ACTIVE) - Summary

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.

2011-S6820 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6820

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to requiring the
posting of the taxes imposed upon each gallon of motor fuel and Diesel
motor fuel used in a motor vehicle or motorboat

PURPOSE:
The purpose of this bill is to disclose to consumers of motor
fuel and diesel motor fuel the complete list of all federal, state,
and local excise and sales taxes that are imposed on the sale of such
fuel on a per gallon basis. Providing this information will give
consumers an idea of the cost of these taxes separately and in
aggregate.

SUMMARY OF PROVISIONS:
Section 1: Amends Agriculture and Markets Law section 192(5) to
require that the separate and aggregate of all federal, state, and
local fuel taxes imposed are disclosed to the consumer at the
dispensing device at the service station. This is the same provision
of law that currently mandates that service stations that sell motor
fuel must post for consumers the price of motor or diesel fuel. A
similar provision was enacted into law pursuant to Chapter 712 of the
Laws of 1980, but was repealed by Chapter 101 of the Laws of 1986.
This bill revives this consumer disclosure provision.

The Commissioner, by rule, shall establish the size of the notice of
federal, state, and local taxes and fees included in the selling
price per gallon of motor or diesel fuel.

JUSTIFICATION:
The "Gasoline Price Transparency Act" will require dealers of motor
and diesel fuels to provide a breakdown of all federal, state and
local taxes on each gallon of fuel. With the rising cost of fuel,
consumers deserve the right to know exactly how much of their fuel
costs are devoted toward taxes.
This legislation will increase government transparency through
ensuring consumers are aware of New York's taxation policies on
fuels. This act will allow consumers to be fully informed about the
factors influencing the price of motor and diesel fuels.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:

180 days after it shall have become law, provided that
rules to implement such act may be immediately promulgated
and adopted.

2011-S6820 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6820

                            I N  S E N A T E

                             March 26, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
ture  and markets law, as amended by chapter 101 of the laws of 1986, is
amended to read as follows:
  a. It shall be unlawful for any person, firm or corporation to sell or
offer for sale at retail for use in internal combustion engines in motor
vehicles or motorboats any motor fuel OR DIESEL MOTOR FUEL,  AS  DEFINED
IN  SECTION  TWO  HUNDRED  EIGHTY-TWO OF THE TAX LAW, unless such seller
shall:
  (i) post and keep posted on the  dispensing  device  from  which  such
motor  fuel  OR  DIESEL MOTOR FUEL is sold or offered for sale a sign or
placard, at least twelve inches in height and at least twelve inches  in
width, stating clearly and legibly with the whole cent numerals at least
nine  inches  in  height  and  at least two inches in width, the selling
price per gallon of such motor fuel.  SUCH SIGN OR PLACARD  SHALL  ALSO,
CLEARLY  AND LEGIBLY, SEPARATELY STATE EACH FEDERAL, STATE AND LOCAL TAX
AND FEE INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL
MOTOR FUEL; THE AGGREGATE OF ALL FEDERAL TAXES AND FEES,  THE  AGGREGATE
OF  ALL  STATE  TAXES AND FEES, AND THE AGGREGATE OF ALL LOCAL TAXES AND
FEES INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR  FUEL  OR  DIESEL
MOTOR  FUEL; AND THE AGGREGATE OF ALL FEDERAL, STATE AND LOCAL TAXES AND
FEES INCLUDED IN THE SELLING PRICE PER GALLON OF MOTOR  FUEL  OR  DIESEL
MOTOR FUEL; or
  (ii)  where  such  individual pump or dispensing device dispenses more
than two differently priced grades of motor fuel, only the  highest  and
lowest  selling  price per gallon of such motor fuel dispensed therefrom
must be posted thereon in conformance with all other provisions of  this
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

S. 6820                             2

AND FEES FOR EACH GRADE OF MOTOR FUEL SHALL BE POSTED IN COMPLIANCE WITH
THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH; or
  (iii)  where  a  multiple  product  dispensing  device  is  capable of
dispensing multiple products at multiple prices, then the selling  price
per  gallon  may  be posted thereon with numerals at least one-half that
height and one-half that width required  by  subparagraph  (i)  of  this
paragraph,  although  numerals  representing  tenths  of  a  cent may be
displayed at no less than one-half those dimensions which  disclose  the
selling price per gallon of such motor fuel dispensed therefrom.
  The  signs  [and],  selling prices, AND FEDERAL, STATE AND LOCAL TAXES
AND FEES shall be posted so as to be clearly visible to the driver of an
approaching motor vehicle or motorboat. The  name,  trade  name,  brand,
mark  or  symbol,  and  grade  of quality classification, if any of such
motor fuel OR DIESEL MOTOR FUEL shall be permanently imprinted  on  said
motor  fuel  OR  DIESEL  MOTOR FUEL dispensing device. The provisions of
this subdivision shall not apply to a  city,  county,  town  or  village
which  has  already  enacted  and continues in effect a local law, ordi-
nance, rule or regulation in substantial conformity with  this  subdivi-
sion.  The provisions of this subdivision shall be enforced in the coun-
ties outside the city of New York by the  county  or  city  director  of
weights and measures, as the case may be, and in the city of New York by
the  department  of consumer affairs.   THE COMMISSIONER, BY RULE, SHALL
ESTABLISH THE SIZE OF THE NOTICE OF FEDERAL, STATE AND LOCAL  TAXES  AND
FEES  INCLUDED  IN  THE SELLING PRICE PER GALLON OF MOTOR FUEL OR DIESEL
MOTOR FUEL.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that,  effective  immediately,  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be amended, promul-
gated and/or repealed on or before such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.