Requires a dealer of motor fuel engaged in method of payment pricing to clearly post the price differences based on the method of payment.
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, this bill would re quire gas stations to post accurate prices in a visible manner for all prices charged.
New York State Agriculture and Markets Law (5 192) requires that any device used for the dispensing of motor fuel include a sign which states clearly the selling price per gallon of such motor fuel.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect 90 days following enactment.
STATE OF NEW YORK ________________________________________________________________________ 6380 IN SENATE January 21, 2014 ___________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 ISSUED BY SUCH COURT OR JUSTICE, ENJOINING OR RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDINGS, THE COURT MAY MAKEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08283-04-4 S. 6380 2
ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC- TICE LAW AND RULES, AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTOR- NEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC- TICE LAW AND RULES. S 2. This act shall take effect on the ninetieth day after it shall have become a law.