Bill Text: NJ A2449 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides exception to requirement that posted price of motor fuel must remain unchanged for 24-hour period.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2010-03-04 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A2449 Detail]
Download: New_Jersey-2010-A2449-Introduced.html
Sponsored by:
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Co-Sponsored by:
Assemblyman Amodeo
SYNOPSIS
Provides exception to requirement that posted price of motor fuel must remain unchanged for 24-hour period.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the posted price of motor fuel and amending P.L.1938, c.163.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 201 of P.L.1938, c.163 (C.56:6-2) is amended to read as follows:
201. (a) (1) Every retail dealer shall publicly display and maintain, in the manner regulated by the Director of the Division of Taxation, a sign stating the price per gallon if sold by the gallon, and per gallon and per liter if sold by the liter of the motor fuel sold by said dealer. All taxes, State and Federal, imposed with respect to the manufacture or sale of motor fuel shall be included in the price shown on said sign, but said sign shall contain a statement of the amount of taxes included in said price, or, without specifying the amount thereof, said sign shall state that taxes are included in said price. A retail dealer shall not sell at any other price than the price, including tax, so posted. Any such price when posted shall remain posted and in effect for a period of not less than twenty-four (24) hours.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, a retail dealer may reduce the posted price of motor fuel in effect one or more times within a 24-hour period; but a retail dealer may only increase the posted price of motor fuel in effect one time in a 24-hour period.
(b) No retail dealer shall sell motor fuel at a price which is below the net cost of such motor fuel to the retail dealer plus all selling expenses.
(c) No other price signs of motor fuel so dispensed, or signs relating to the price of such fuel shall be used or displayed on or about the premises where motor fuel is sold at retail, other than the signs provided by section 3 of P.L.1952, c.258 (C.56:6-2.3).
(d) No advertising or sign
other than that provided for in section 3 of P.L.1952, c.258 (C.56:6-2.3),
which directly or indirectly contains a statement of, or an implied reference
to, the price of motor fuel shall be displayed at any place where motor
fuel is dispensed at retail. Any advertising of the retail price of motor fuel
through any other medium which contains a reference to the per gallon or per
liter price thereof, shall include all taxes in the price stated, and there
shall be included in such advertising a statement that such price includes
taxes, or a statement of the amount of taxes which are included in such price.
Such advertising shall be identified by the name of the product, and the
letters of the name
shall be not less than one-half the size of the figures used in the price.
(e) No rebates, allowances, concessions, or benefits shall be given, directly or indirectly, so as to permit any person to obtain motor fuels from a retail dealer below the posted price or at a net price lower than the posted price applicable at the time of the sale, except that credits earned through purchases on a credit card may be utilized by a person to receive a rebate in the purchase of motor fuels.
(f) It shall be unlawful for any retail dealer to use lotteries, prizes, wheels of fortune, punchboards, or other games of chance[,] in connection with the sale of motor fuels.
(g) All above-ground equipment for storing or dispensing motor fuel operated by a retail dealer shall bear, in a conspicuous place, the name or trade-mark of the product stored therein or dispensed therefrom, and no retail dealer shall permit delivery into underground or above-ground containers, tanks, or equipment of any motor fuel other than the brand represented or designated by the name or trade-mark appearing on such container or dispensing equipment attached thereto. No retail dealer shall be a party to the substitution of one grade of motor fuel for another.
(h) If the motor fuel stored in or dispensed from any above-ground equipment by a retail dealer shall not have a brand name or trade-mark, such container or dispensing equipment shall have conspicuously displayed thereon the words "No Brand."
(cf: P.L.1995, c.51, s.1)
2. This act shall take effect immediately.
STATEMENT
Under current law, the posted price of motor fuel must remain posted and in effect for a period of not less than 24-hours. This bill qualifies that requirement by providing that there shall not be a limit on the number of times a retail dealer may lower the posted price of motor fuel in effect within a 24-hour period.
