Bill Text: NJ A4540 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits self-service dispensing of motor fuels.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-06-15 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A4540 Detail]
Download: New_Jersey-2014-A4540-Introduced.html
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
SYNOPSIS
Permits self-service dispensing of motor fuels.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the dispensing of motor fuels and repealing P.L.1989, c.263.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Motor Fuels Self-Service Dispensing Act."
2. The Commissioner of Labor and Workforce Development shall, within six months of the effective date of this section, promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations governing the self-service dispensing of motor fuels.
3. It shall be the responsibility of the attendant at a self-service station to: a. control sources of ignition; and b. immediately handle accidental spills and fire extinguishers if needed. The attendant or supervisor on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed.
4. There shall be present, at a station offering self-service motor fuels, a clearly identified and easily accessible switch or circuit breaker at a location remote from the dispensing pumps, to shut off the power to all dispensing pumps in the event of an emergency.
5. A person who operates or permits the operation of a filling station offering self-service in violation of this act, or any rule, regulation or order issued hereunder shall pay a penalty of $100 for the first offense and $250 for each subsequent offense. The penalties shall be sued for and recovered by the Commissioner of Labor and Workforce Development, in summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The provisions of this act shall be enforceable only by the commissioner and violation of same shall create no private cause of action.
6. Notwithstanding the provisions of any law, rule or regulation to the contrary, this act specifically allows for differentials in pricing and posting of prices between self-service dispensed motor fuels and motor fuels of like grade and quality when dispensed at the same station by a station owner, operator, or employee.
7. P.L.1989, c.263 (C.34:3A- 4 et seq.) is repealed.
8. This act shall take effect on the first day of the sixth month next following enactment, except that the commissioner may promulgate regulations pursuant to section 2 before the effective date.
STATEMENT
Self-service at gasoline stations is now permitted in all but two states and has proved to provide customers with efficient, economical and safe service. Nationwide estimates indicate that about 80 percent of all retail gasoline sold in our country is currently being dispensed on a self-service basis.
This bill permits self-service operations in New Jersey and directs the Commissioner of Labor and Workforce Development to promulgate appropriate regulations to govern their operations.
The bill also permits differentials in pricing and posting of prices between self-service dispensed motor fuels and motor fuels of like grade and quality when dispensed at the same station by a station owner, operator, or employee.
