S3063-2013 Actions

• Jan 29, 2013: REFERRED TO CONSUMER PROTECTION

S3063-2013 Memo

BILL NUMBER:S3063

TITLE OF BILL:  An act to amend the general business law, in relation to
method of payment pricing of gasoline

PURPOSE:    To  prevent  unrestrained  additional charges for the use of
credit and debit cards when purchasing gasoline.

SUMMARY OF PROVISIONS:  This bill amends the general business law to add
paragraphs 'n' and 'o' to subdivision 1 of section 399-ee of the general
business law.  It also adds a new subdivision 3 of the same  section  of
the general business law.

JUSTIFICATION:    This legislation would prohibit gasoline stations from
charging a greater rate per gallon for gasoline  for  credit  and  debit
card  customers, as opposed to those who pay cash 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. Certain retailers are charging as much as  two  dollars  per
gallon for the use of a credit card. This legislation will prevent gaso-
line  retailers from charging consumers exorbitant surcharges for using.
a credit or debit card when purchasing gasoline.

LEGISLATIVE HISTORY: 2012 S.7226/A.9788A.

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE:  This act shall take effect on the thirtieth  day  after
it shall have become law.

S3063-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3063                                                  A. 3887
 2013-2014 Regular Sessions
 SENATE - ASSEMBLY
 January 29, 2013
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print
 ed,  and  when  printed  to  be committed to the Committee on Consumer
 Protection
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
 to the Committee on Consumer Affairs and Protection
 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.
 LBD03495-01-3

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