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A05440 Summary:

BILL NOA05440
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSRMosley, Otis, Brindisi, Thiele
 
MLTSPNSRCook, Crouch, Perry, Rivera, Weinstein
 
Amd 192, Ag & Mkts L; amd 94-a, Exec L
 
Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems.
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A05440 Actions:

BILL NOA05440
 
02/09/2017referred to consumer affairs and protection
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A05440 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5440
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2017
                                       ___________
 
        Introduced  by M. of A. WEPRIN, MOSLEY, OTIS, BRINDISI, THIELE -- Multi-
          Sponsored by -- M. of A. COOK, CROUCH,  PERRY,  RIVERA,  WEINSTEIN  --
          read  once  and  referred  to  the  Committee  on Consumer Affairs and
          Protection
 
        AN ACT to amend the agriculture and markets law and the  executive  law,
          in  relation  to  protecting  consumers from price gouging and product
          tampering of gasoline
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph a of subdivision 5 of section 192 of the agricul-
     2  ture  and markets law, as amended by chapter 101 of the laws of 1986, is
     3  amended to read as follows:
     4    a. It shall be unlawful for any person, firm or corporation to sell or
     5  offer for sale at retail for use in internal combustion engines in motor
     6  vehicles or motorboats any motor fuel unless such seller shall:
     7    (i) post and keep posted on the  dispensing  device  from  which  such
     8  motor  fuel  is  sold  or  offered  for sale a sign or placard, at least
     9  twelve inches in height and at least twelve  inches  in  width,  stating
    10  clearly and legibly with the whole cent numerals at least nine inches in
    11  height and at least two inches in width, the selling price per gallon of
    12  such motor fuel; or
    13    (ii)  where  such  individual pump or dispensing device dispenses more
    14  than two differently priced grades of motor fuel, only the  highest  and
    15  lowest  selling  price per gallon of such motor fuel dispensed therefrom
    16  must be posted thereon in conformance with all other provisions of  this
    17  subdivision; or
    18    (iii)  where  a  multiple  product  dispensing  device  is  capable of
    19  dispensing multiple products at multiple prices, then the selling  price
    20  per  gallon  may  be posted thereon with numerals at least one-half that
    21  height and one-half that width required  by  subparagraph  (i)  of  this
    22  paragraph,  although  numerals  representing  tenths  of  a  cent may be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01995-02-7

        A. 5440                             2
 
     1  displayed at no less than one-half those dimensions which  disclose  the
     2  selling price per gallon of such motor fuel dispensed therefrom;
     3    (iv)  post  and  keep  posted on the dispensing device from which such
     4  motor fuel is sold or offered for sale a sign or placard, of a  size  to
     5  be  determined  by  the  commissioner,  stating  clearly and legibly, in
     6  substantially similar form:
     7    NOTICE TO CONSUMERS: IF YOU HAVE A COMPLAINT REGARDING THIS  BUSINESS,
     8  YOU MAY CALL THE FOLLOWING TOLL-FREE NEW YORK STATE HOTLINE: (INSERT THE
     9  CURRENT  TELEPHONE  NUMBER  ESTABLISHED  BY  THE DEPARTMENT OF STATE FOR
    10  RECEIVING COMPLAINTS FROM CONSUMERS PURSUANT TO SUBPARAGRAPH 16 OF PARA-
    11  GRAPH A OF SUBDIVISION 3 OF SECTION 94-A OF THE EXECUTIVE LAW).
    12    The signs and selling prices shall be posted so as to be clearly visi-
    13  ble to the driver of an approaching  motor  vehicle  or  motorboat.  The
    14  name,  trade  name,  brand, mark or symbol, and grade of quality classi-
    15  fication, if any of such motor fuel shall be  permanently  imprinted  on
    16  said  motor  fuel  dispensing device. The provisions of this subdivision
    17  shall not apply to a city, county, town or  village  which  has  already
    18  enacted  and  continues  in effect a local law, ordinance, rule or regu-
    19  lation in substantial conformity with this subdivision.  The  provisions
    20  of  this  subdivision shall be enforced in the counties outside the city
    21  of New York by the county or city director of weights and  measures,  as
    22  the  case  may  be,  and  in  the  city of New York by the department of
    23  consumer affairs.  The commissioner, by rule, shall establish  the  size
    24  of  the  sign  or placard required under subparagraph (iv) of this para-
    25  graph.
    26    § 2. Paragraph a of subdivision 3 of section 94-a of the executive law
    27  is amended by adding a new subparagraph 16 to read as follows:
    28    (16) (i) no later than January first, two thousand eighteen, establish
    29  a toll-free telephone number for receiving  complaints  related  to  the
    30  retail  sale  of  motor  fuel.  The  toll-free number may be an existing
    31  number established by the department of state  for  receiving  inquiries
    32  from consumers.
    33    (ii) Employees of the department of state, upon receipt of a complaint
    34  from  a  consumer  through  means of the toll-free number established in
    35  clause (i) of this subparagraph, shall  forward  the  contents  of  such
    36  complaint to the department of agriculture and markets and the appropri-
    37  ate municipality or local government.
    38    §  3. This act shall take effect April 1, 2018; except that clause (i)
    39  of subparagraph 16 of paragraph a of subdivision 3 of  section  94-a  of
    40  the  executive  law,  as  added  by  section two of this act, shall take
    41  effect immediately; provided further that,  effective  immediately,  any
    42  rules  and regulations necessary to implement the provisions of this act
    43  on its effective date are authorized and directed to be amended, promul-
    44  gated and/or repealed on or before such date.
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