Establishes a person is guilty of grand larceny in the fourth degree when he or she steals automotive fuel with a value of thirty dollars or more

Title of bill

An act to amend the penal law, in relation to establishing a person is guilty of grand larceny in the fourth degree when he or she steals certain automotive fuel

Purpose

To discourage persons from stealing motor fuel.

Summary of provisions

The bill would deem the theft of automotive fuel (diesel and non-diesel motor fuel) with a value of 530 or more which is dispensed into a motor vehicle fuel tank to be grand larceny in the fourth degree.

Justification

The terms "gas & go," "drive-offs," and "gas-n'dash" all refer to a serious problem that is being faced by gas retailers in New York State.

As gas prices continue to soar, the incidents of drivers gassing up their vehicles and leaving without paying is escalating at an alarming rate and is expected to continue to rise. This behavior is extremely costly to the retailer, who must absorb the loss, and the consumer who must pay higher prices as a result. It is estimated that the cost to the convenience store and petroleum marketing industry in 1999 was 5234 million.

Retailers have invested large amounts of money in an attempt to curtail their loss by way of sophisticated gasoline pumps, advanced computer technology, employee training and video surveillance, however to no avail. At least 10 other states have recognized the depth of this problem and have passed laws imposing strict penalties. It is important to send a clear message to offenders that this behavior will not be tolerated.

Legislative history

2007-08, S.5026/A.7288, passed Senate both years. 2006. S.7052/A.5652-B, passed Senate. 2003-04, A.800. 2001-02, A.7720-A.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall become law.