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S3490Senate2019-2020 SessionSame asA5050

Ban Gas Payment Surcharges

Official title

“Prohibits method of payment pricing of gasoline”

Sponsor Kenneth P. LaValleSD-1Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

This bill prohibits gas stations from charging different prices based on payment method, except for allowable credit/debit card processing fees.

Why it matters

  1. Promotes transparency and fairness in fuel pricing. by preventing gas stations from charging higher prices based solely on whether customers pay with cash or card, except for actual processing costs.

  2. Limits extra charges for card payments. to the true cost incurred by the gas station (either the actual processing fee or a maximum of 3% of the cash price), protecting consumers from excessive surcharges.

  3. Could encourage wider acceptance of cashless payments. and reduce confusion or frustration for customers who may otherwise feel penalized for their payment choice.

  4. Responds to consumer protection concerns. by standardizing fuel pricing practices and potentially reducing deceptive or unclear pricing displays at gas stations.

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Who cares

Headline styles

Ban Gas Payment Surcharges

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5050Assembly

Ban Dual Gas Prices

In Assembly Committee · Consumer Affairs And Protection · Sponsor Fred Thiele

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 3490 A. 5050

2019-2020 Regular Sessions

SENATE - ASSEMBLY

February 7, 2019

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to method of payment pricing of gasoline

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The section heading of section 399-ee of the general business law, as added by chapter 579 of the laws of 2008, is amended to read as follows:

Zone pricing and method of payment pricing of gasoline prohibited.

§ 2. Subdivision 1 of section 399-ee of the general business law is amended by adding two new paragraphs (n) and (o) to read as follows:

(n) "Method of payment" means the manner in which a customer pays for motor fuel at a retail outlet using cash, check, debit card, credit card or a similar means of payment.

(o) "Method of payment pricing" means differences in the price per gallon of motor fuel of like grade or quality offered for sale or sold by a retail outlet based on the customer's method of payment.

§ 3. Subdivision 3 of section 399-ee of the general business law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows:

3. No dealer shall engage in method of payment pricing with respect to any motor fuel of like grade or quality, except that the dealer may impose a charge for the use of a credit or debit card in an amount not to exceed the greater of the transaction fee incurred by the dealer for processing the credit or debit card purchase or three percent of the cash price.

§ 4. This act shall take effect on the thirtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03187-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to method of payment pricing of gasoline

Purpose

To prevent unrestrained additional charges for the use of credit and debit cards when purchasing gasoline.

Summary of provisions

This bill amends the general business law to add paragraphs "o" and "p" to dubdivision 1 of section 399-ee of the general business law. It also adds a new subdivision 3 of the same section of the general business law..

Justification

This legislation would prohibit gasoline stations from charging a great- er rate per gallon for gasoline for credit and debit cards customers, as opposed to those who pay cash except that the dealer may impose a charge for the use of a credit or debit cards in an amount not to exceed the greater of the transaction fee incurred by the dealer for processing the credit or debit card purchase or three percent of the cash price. Certain retailers are charging as much as two dollars per gallon for the use of a credit card. This legislation will prevent gasoline retailers from charging consumers exorbitant surcharges for using a credit or debit card when purchasing gasoline.

Legislative history

2017-18 S.2992/A.2353; 2015-16 S.1594/A1889; 2013-14 s.3063/A.3887; 2012 S.7226/A.9788.

Fiscal implications

None

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.