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.
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 gasoline 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.
STATE OF NEW YORK ________________________________________________________________________ S. 3063 A. 3887 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y 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