STATE OF NEW YORK
        ________________________________________________________________________
            S. 3490                                                  A. 5050
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 7, 2019
                                       ___________
        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:
     1    Section  1. The section heading of section 399-ee of the general busi-
     2  ness law, as added by chapter 579 of the laws of  2008,  is  amended  to
     3  read as follows:
     4    Zone pricing and method of payment pricing of gasoline prohibited.
     5    §  2.  Subdivision  1 of section 399-ee of the general business law is
     6  amended by adding two new paragraphs (n) and (o) to read as follows:
     7    (n) "Method of payment" means the manner in which a customer pays  for
     8  motor fuel at a retail outlet using cash, check, debit card, credit card
     9  or a similar means of payment.
    10    (o)  "Method  of  payment  pricing" means differences in the price per
    11  gallon of motor fuel of like grade or quality offered for sale  or  sold
    12  by a retail outlet based on the customer's method of payment.
    13    §  3.  Subdivision  3 of section 399-ee of the general business law is
    14  renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
    15  follows:
    16    3. No dealer shall engage in method of payment pricing with respect to
    17  any  motor  fuel  of  like  grade or quality, except that the dealer may
    18  impose a charge for the use of a credit or debit card in an  amount  not
    19  to  exceed the greater of the transaction fee incurred by the dealer for
    20  processing the credit or debit card purchase or  three  percent  of  the
    21  cash price.
    22    §  4.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03187-01-9