Bill Text: NY S04984 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Prohibits more than one increase in the price of motor fuel in any twenty-four hour period.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S04984 Detail]

Download: New_York-2013-S04984-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4984
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 2, 2013
                                      ___________
       Introduced  by  Sen.  SAVINO -- 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  prohibiting
         more  than  one  increase  in the price of gasoline in any twenty-four
         hour period
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  392-j to read as follows:
    3    S  392-J.  UNLAWFUL  MOTOR FUEL PRICE INCREASES; EXCEPTIONS. 1. (A) IT
    4  SHALL BE UNLAWFUL FOR ANY NONREFINER ENGAGED IN COMMERCE IN  THIS  STATE
    5  TO  INCREASE  THE  PRICE OF ANY GRADE OR QUALITY OF MOTOR FUEL SOLD AT A
    6  RETAIL OUTLET MORE THAN ONCE IN A TWENTY-FOUR HOUR PERIOD.
    7    (B) IT SHALL BE UNLAWFUL FOR ANY REFINER, INCLUDING ANY  AFFILIATE  OR
    8  AGENT  THEREOF,  ENGAGED IN COMMERCE IN THIS STATE TO INCREASE THE PRICE
    9  OF ANY GRADE OR  QUALITY  OF  MOTOR  FUEL  SOLD  MORE  THAN  ONCE  IN  A
   10  TWENTY-FOUR HOUR PERIOD.
   11    2.  (A)  ANY VIOLATION OF THIS SECTION SHALL RESULT IN A CIVIL FINE OF
   12  NOT MORE THAN FIVE HUNDRED DOLLARS TO BE COLLECTED  BY  THE  CORPORATION
   13  COUNSEL  FOR  ANY  CITY  OR BY THE APPROPRIATE ATTORNEY OF ANY POLITICAL
   14  SUBDIVISION AS SHALL BE DESIGNATED BY THE GOVERNING BODY OF  SUCH  POLI-
   15  TICAL SUBDIVISION.
   16    (B)  AN  ISOLATED,  INADVERTENT INCIDENT INVOLVING ACTIVITY PROHIBITED
   17  PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE A VIOLATION  OF
   18  THIS SECTION.
   19    3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
   20  ING MEANINGS:
   21    (A)  "MOTOR FUEL" SHALL MEAN (I) ALL PRODUCTS COMMONLY OR COMMERCIALLY
   22  KNOWN OR SOLD  AS  GASOLINE  (INCLUDING  CASINGHEAD  AND  ABSORPTION  OR
   23  NATURAL GASOLINE), BENZOL, BENZENE, OR NAPHTHA REGARDLESS OF THEIR CLAS-
   24  SIFICATION  OR  USES;  AND (II) ANY LIQUID PREPARED, ADVERTISED, OFFERED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08680-01-3
       S. 4984                             2
    1  FOR SALE OR SOLD FOR USE AS OR COMMONLY AND COMMERCIALLY USED AS A  FUEL
    2  IN  INTERNAL COMBUSTION ENGINES, WHICH WHEN SUBJECTED TO DISTILLATION IN
    3  ACCORDANCE WITH THE STANDARD METHOD OF TEST FOR  DISTILLATION  OF  GASO-
    4  LINE, NAPHTHA, KEROSENE AND SIMILAR PETROLEUM PRODUCTS (AMERICAN SOCIETY
    5  OF TESTING MATERIAL DESIGNATION D-86) SHOWS NOT LESS THAN TEN PER CENTUM
    6  (10%)  DISTILLED  RECOVERED  BELOW  THREE  HUNDRED  FORTY-SEVEN  DEGREES
    7  FAHRENHEIT OR ONE HUNDRED SEVENTY-FIVE DEGREES CENTIGRADE AND  NOT  LESS
    8  THAN  NINETY-FIVE  PER  CENTUM  DISTILLED,  RECOVERED BELOW FOUR HUNDRED
    9  SIXTY-FOUR DEGREES FAHRENHEIT OR TWO HUNDRED FORTY  DEGREES  CENTIGRADE;
   10  AND (III) ANY OTHER PRODUCT OR LIQUID WHEN SOLD FOR USE AS A FUEL IN ANY
   11  TYPE  OF  INTERNAL COMBUSTION ENGINE FURNISHING POWER TO OPERATE A MOTOR
   12  VEHICLE.
   13    (B) "NONREFINER" MEANS ANY PERSON, OTHER THAN A  REFINER,  ENGAGED  IN
   14  THE SALE OF MOTOR FUEL;
   15    (C)  "PERSON"  MEANS ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATIONS OR
   16  LIMITED  LIABILITY  CORPORATIONS,  COMPANIES,  ASSOCIATIONS,  SOCIETIES,
   17  FIRMS,  PARTNERSHIPS, LIMITED LIABILITY PARTNERSHIPS, JOINT STOCK COMPA-
   18  NIES, THE UNITED STATES, THE STATE OF NEW YORK AND ANY OF ITS  POLITICAL
   19  SUBDIVISIONS OR AGENTS;
   20    (D)  "REFINER"  MEANS  ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
   21  MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR  FUEL
   22  THROUGH  THE  LOADING  RACK  AT  SUCH TERMINAL FACILITY, AND INCLUDES AN
   23  AFFILIATE OF SUCH REFINER WITH RESPECT TO SUCH AFFILIATE'S SALE OF MOTOR
   24  FUEL;
   25    (E) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
   26  WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC; AND
   27    (F) "SALE" OR "SELL" MEANS ANY TRANSFER, GIFT, BARTER, SALE, OFFER FOR
   28  SALE, OR ADVERTISEMENT FOR SALE IN ANY MANNER OR BY ANY MEANS  WHATSOEV-
   29  ER,  INCLUDING  ANY TRANSFER OF MOTOR FUEL FROM A PERSON TO ITSELF OR AN
   30  AFFILIATE AT ANOTHER LEVEL OF DISTRIBUTION, BUT DOES NOT INCLUDE PRODUCT
   31  EXCHANGES AT THE WHOLESALE LEVEL OF DISTRIBUTION.
   32    S 2. This act shall take effect on the ninetieth day  after  it  shall
   33  have become a law. Effective immediately, the addition, amendment and/or
   34  repeal  of  any  rule  or regulation necessary for the implementation of
   35  this act on its effective date is authorized and directed to be made and
   36  completed on or before such effective date.