Bill Text: NY A05440 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires signs to be posted at gasoline stations for consumers to contact the department of state regarding price or product problems.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2018-01-03 - referred to consumer affairs and protection [A05440 Detail]
Download: New_York-2017-A05440-Introduced.html
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. LBD01995-02-7A. 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.
