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A01970 Summary:

A01970 Actions:

A01970 Floor Votes:

A01970 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1970
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  JEFFRIES, DINOWITZ, GALEF, P. RIVERA, SPANO,
          ROBINSON, PHEFFER, RAMOS, GUNTHER, REILLY,  GABRYSZAK  --  Multi-Spon-
          sored  by -- M. of A. BOYLAND, BRENNAN, DESTITO, GLICK, MAGEE, MAISEL,
          PEOPLES-STOKES, J. RIVERA, ROSENTHAL, TOWNS -- read once and  referred
          to  the  Committee on Economic Development, Job Creation, Commerce and

          Industry
 
        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 arti-
     2  cle 24-B to read as follows:
     3                                ARTICLE 24-B
     4                     MOTOR FUEL MARKETING PRACTICES ACT
     5  Section 370-k. Unlawful price increases; exceptions.
     6    § 370-k. Unlawful price increases; exceptions. (a) (1) It is  unlawful
     7  for  any  nonrefiner  engaged  in commerce in this state to increase the
     8  price of any grade or quality of motor fuel sold at a retail outlet more

     9  than once in a twenty-four hour period.
    10    (2) It is unlawful for any refiner, including any affiliate  or  agent
    11  thereof,  engaged in commerce in this state to increase the price of any
    12  grade or quality of motor fuel sold more than once in a twenty-four hour
    13  period.
    14    (b) (1) Any violation of this section shall result in a civil fine  of
    15  not  more  than  five hundred dollars to be collected by the corporation
    16  counsel for any city or by the appropriate  attorney  of  any  political
    17  subdivision  as  shall be designated by the governing body of such poli-
    18  tical subdivision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD03296-01-1
        A. 1970                             2
 
     1    (2) An isolated, inadvertent incident  involving  activity  prohibited
     2  pursuant  to subdivision (a) of this section shall not be a violation of
     3  this section.
     4    (c)  As  used  in  this  section,  the  following terms shall have the
     5  following meanings:
     6    (1) "motor fuel" means any petroleum  product  including  any  special
     7  fuel which is used for the propulsion of any motor vehicle;
     8    (2)  "nonrefiner"  means  any person, other than a refiner, engaged in
     9  the sale of motor fuel;
    10    (3) "person" means any individual, public or private  corporations  or

    11  limited  liability  corporations,  companies,  associations,  societies,
    12  firms, partnerships, limited liability partnerships, joint stock  compa-
    13  nies,  the United States, the state of New York and any of its political
    14  subdivisions or agents;
    15    (4) "refiner" means any person who produces and  stores  or  exchanges
    16  motor  fuel at a terminal facility and who sells or transfers motor fuel
    17  through the loading rack at such  terminal  facility,  and  includes  an
    18  affiliate of such refiner with respect to such affiliate's sale of motor
    19  fuel;
    20    (5) "retail outlet" means a facility, including land and improvements,
    21  where motor fuel is offered for sale at retail to the public; and

    22    (6) "sale" or "sell" means any transfer, gift, barter, sale, offer for
    23  sale,  or advertisement for sale in any manner or by any means whatsoev-
    24  er, including any transfer of motor fuel from a person to itself  or  an
    25  affiliate at another level of distribution, but does not include product
    26  exchanges at the wholesale level of distribution.
    27    § 2. This act shall take effect immediately.