S T A T E   O F   N E W   Y O R K
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                                  1838

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01928-01-3
              

A. 1838                             2

  (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
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.