Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to consumer protection |
Jan 13, 2015 |
referred to consumer protection |
Senate Bill S1496
2015-2016 Legislative Session
Sponsored By
(D, WF) 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
2015-S1496 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง399-eee, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S6380
2017-2018: S1825
2015-S1496 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1496 TITLE OF BILL: An act to amend the general business law, in relation to requiring posting of method of payment pricing SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new section 399-eee which will require a dealer engaging in method payment pricing with respect to motor fuel, to post such price differences, and require signage and selling prices be posted so as to be clearly visible to the driver. This subdivision would also require that any price differences due to payment directly to the attendant or at the pump be clearly posted. Subdivision 2 would authorize the Attorney General in the name of the people to recover remedies provided by law or to enjoin or restrain the continuance of such violations. PURPOSE AND JUSTIFICATION: The practice of charging different prices based on method of payment is rampant in the motor fuel retail industry. Large signs advertising one price to consumers are often not the price consumers actually pay at the pump. New York State law requires that prices be attached to the pump itself, with specific sign requirements; however, such laws do not extend to large billboards commonly in use. In addition, current law does not require posting of price differences. Therefore,
2015-S1496 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1496 2015-2016 Regular Sessions I N S E N A T E January 13, 2015 ___________ Introduced by Sen. KENNEDY -- 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 requiring post- ing of method of payment pricing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-eee to read as follows: S 399-EEE. METHOD OF PAYMENT PRICE POSTING REQUIRED. 1. A RETAIL OUTLET DEALER WHO OFFERS FOR SALE MOTOR FUEL OF LIKE GRADE OR QUALITY AT DIFFERENT PRICES PER GALLON BASED ON THE MANNER IN WHICH A CUSTOMER PAYS FOR THE MOTOR FUEL SHALL POST THE METHOD OF PAYMENTS THAT WILL BE ACCEPTED TO SECURE EACH SALE PRICE AND THE MANNER IN WHICH DEBIT CARD PAYMENTS WILL BE TREATED IN RELATION TO CASH PURCHASES AND CREDIT CARD PURCHASES. THE REQUIRED POSTING SHALL BE ATTACHED TO THE DISPENSING DEVICE FROM WHICH SUCH MOTOR FUEL IS SOLD OR OFFERED FOR SALE. THE POST- ING SHALL BE CLEARLY AND LEGIBLY WRITTEN WITH A HEIGHT OF AT LEAST THREE AND A HALF INCHES. DEALERS SHALL ALSO POST METHOD OF PAYMENT PRICING ON ALL SIGNAGE ADVERTISING MOTOR FUEL. SIGNAGE AND SELLING PRICES SHALL BE POSTED SO AS TO BE CLEARLY VISIBLE TO THE DRIVER OF AN APPROACHING MOTOR VEHICLE OR MOTORBOAT. WHEN A CONSUMER, TO OBTAIN THE LOWEST PRICE FOR A GRADE OF GAS, IS REQUIRED TO REQUEST IT FROM AN ATTENDANT OR AGENT, SUCH SIGNAGE SHALL NOTIFY THE CONSUMER OF SUCH PRICE DIFFERENCE. 2. IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW, WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND, UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03258-01-5
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