New York State Assembly

  -  This bill is not active in this session.

Bill No.:  

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

---

A00986 Summary:

BILL NO	A00986
SAME AS	No same as
SPONSOR	Pheffer
COSPNSR
MLTSPNSR
Add S199-o, Gen Bus L
Establishes no existing or future franchise agreement shall prohibit a gasoline dealer from offering a discount to a buyer based upon the method of payment.

Go to top    

---

A00986 Actions:

BILL NO	A00986
01/05/2011	referred to economic development
05/12/2011	enacting clause stricken

Go to top

---

A00986 Floor Votes:

Go to top

---

A00986 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           986
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
          tee on Economic Development, Job Creation, Commerce and Industry
 
        AN ACT to amend the general business law, in relation to  the  right  of
          gasoline dealers to offer discounts
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative  findings  and  declarations.  The  legislature
     2  finds and declares that the distribution and sale of motor vehicle fuels
     3  and  oils  affects the general economy of the state, the public interest
     4  and the public welfare. The legislature further finds and declares  that
     5  provisions  in  certain existing petroleum franchise agreements prohibit
     6  gasoline dealers from offering a discount to  a  buyer  based  upon  the
     7  method  of  payment  by such buyer for gasoline. The legislature further
     8  finds  and  declares  that  such  provisions   constitute   unreasonable
     9  restraints  on  competitive  pricing  and inhibit the fair and efficient
    10  functioning of a free market  economy  within  the  petroleum  industry.

    11  Therefore, it is provided that the provisions of any franchise agreement
    12  that prohibit gasoline dealers from offering a discount to a buyer based
    13  upon the method of payment by such buyer for gasoline are void and with-
    14  out effect as contrary to public policy.
    15    § 2. The general business law is amended by adding a new section 199-o
    16  to read as follows:
    17    § 199-o. Dealers' right to offer discounts. No future franchise agree-
    18  ment  shall  prohibit  a  gasoline  dealer from offering a discount to a
    19  buyer based upon the method of payment by such buyer for such  gasoline.
    20  Any  provision  in such franchise agreement prohibiting such dealer from
    21  offering such discount shall be void and unenforceable  as  contrary  to
    22  public policy.
    23    § 3. This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00929-01-1

Go to top