A9788A-2011 Actions

• May 3, 2012: print number 9788a
• May 3, 2012: amend and recommit to consumer affairs and protection
• Apr 5, 2012: referred to consumer affairs and protection

A9788A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9788--A
 I N  ASSEMBLY
 April 5, 2012
 
 Introduced  by M. of A. THIELE, CALHOUN -- read once and referred to the
 Committee on Consumer Affairs and 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  method  of
 payment pricing of gasoline
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The section heading of section 399-ee of the general  busi
 ness  law,  as  added  by chapter 579 of the laws of 2008, is amended to
 read as follows:

 Zone pricing AND METHOD OF PAYMENT PRICING of gasoline prohibited.
 

S 2. Subdivision 1 of section 399-ee of the general  business  law  is
 amended by adding two new paragraphs (n) and (o) to read as follows:

 (N)  "METHOD OF PAYMENT" MEANS THE MANNER IN WHICH A CUSTOMER PAYS FOR
 MOTOR FUEL AT A RETAIL OUTLET USING CASH, CHECK, DEBIT CARD, CREDIT CARD
 OR A SIMILAR MEANS OF PAYMENT.
 (O) "METHOD OF PAYMENT PRICING" MEANS DIFFERENCES  IN  THE  PRICE  PER
 GALLON  OF  MOTOR FUEL OF LIKE GRADE OR QUALITY OFFERED FOR SALE OR SOLD
 BY A RETAIL OUTLET BASED ON THE CUSTOMER'S METHOD OF PAYMENT.
 

S 3. Subdivision 3 of section 399-ee of the general  business  law  is
 renumbered  subdivision  4  and  a new subdivision 3 is added to read as
 follows:

 3. NO DEALER SHALL ENGAGE IN METHOD OF PAYMENT PRICING WITH RESPECT TO
 ANY MOTOR FUEL OF LIKE GRADE OR QUALITY,  EXCEPT  THAT  THE  DEALER  MAY
 IMPOSE  A  CHARGE FOR THE USE OF A CREDIT OR DEBIT CARD IN AN AMOUNT NOT
 TO EXCEED THE GREATER OF THE TRANSACTION FEE INCURRED BY THE DEALER  FOR
 PROCESSING  THE  CREDIT  OR  DEBIT CARD PURCHASE OR THREE PERCENT OF THE
 CASH PRICE.
 

S 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15088-05-2

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