Prohibits method of payment pricing of gasoline, wherein the price per gallon of motor fuel of like grade or quality that is offered for sale or sold by a retail outlet using a credit or debit card varies by more than three percent of the cash price.

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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