S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1825
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00891-01-7

 S. 1825                             2
 
 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 MAKE
 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.