MD
Maryland House Bill HB882

Maryland 2024 Regular Session

Maryland House Bill HB882 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 451
21
3-– 1 –
4-Chapter 451
5-(House Bill 882)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0882*
89
9-Business Regulation – Sale of Motor Fuel – Pricing Signage
10-(Gas Price Gouging Clarity Act)
10+HOUSE BILL 882
11+C2 4lr3253
12+ CF SB 651
13+By: Delegate Rosenberg
14+Introduced and read first time: February 2, 2024
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 3, 2024
1119
12-FOR the purpose of establishing that certain provisions governing signage at retail service
13-stations supersede inconsistent local law; altering a signage requirement for retail
14-service stations relating to the price of regular gasoline; altering a signage
15-authorization for retail service stations relating to the price of diesel and other motor
16-fuel products; repealing an exemption from a certain signage requirement for retail
17-service station dealers with not more than a certain number of dispensing units and
18-nozzles; and generally relating to pricing signs at retail service stations.
20+CHAPTER ______
1921
20-BY repealing and reenacting, with amendments,
21- Article – Business Regulation
22-Section 10–315
23- Annotated Code of Maryland
24- (2015 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2523
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
24+Business Regulation – Sale of Motor Fuel – Pricing Signage 2
25+(Gas Price Gouging Clarity Act) 3
2826
29-Article – Business Regulation
27+FOR the purpose of establishing that certain provisions governing signage at retail service 4
28+stations supersede inconsistent local law; altering a signage requirement for retail 5
29+service stations relating to the price of regular gasoline; altering a signage 6
30+authorization for retail service stations relating to the price of diesel and other motor 7
31+fuel products; repealing an exemption from a certain signage requirement for retail 8
32+service station dealers with not more than a certain number of dispensing units and 9
33+nozzles; and generally relating to pricing signs at retail service stations. 10
3034
31-10–315.
35+BY repealing and reenacting, with amendments, 11
36+ Article – Business Regulation 12
37+Section 10–315 13
38+ Annotated Code of Maryland 14
39+ (2015 Replacement Volume and 2023 Supplement) 15
3240
33- (A) THIS SECTION SUPERSED ES ANY INCONSISTENT PROVISION OF LOCAL
34-LAW.
41+ SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 16
42+That the Laws of Maryland read as follows: 17
3543
36- (a) (B) A person who sells motor fuel at retail shall display signs in accordance
37-with this section.
44+Article – Business Regulation 18
3845
39- (b) (C) (1) All dispensing equipment for motor fuel shall be marked
40-conspicuously to show in numerals of equal size the price, including taxes, of a gallon of the
41-motor fuel offered for sale.
46+10–315. 19
47+ 2 HOUSE BILL 882
4248
43- (2) If numerals that show a fractional cent are used, the combined height
44-and width of the numerator and denominator shall equal the height and width of the other
45-numerals used.
4649
47- (c) (D) (1) A sign or other means on the premises and approaches to a retail
48-outlet that advertises the retail price of motor fuel: Ch. 451 2024 LAWS OF MARYLAND
50+ (A) THIS SECTION SUPERSED ES ANY INCONSISTENT PROVISION OF LOCAL 1
51+LAW. 2
4952
50-– 2 –
53+ (a) (B) A person who sells motor fuel at retail shall display signs in accordance 3
54+with this section. 4
5155
52- (i) may list the price and each tax separately if the listing of the
53-total of the price and all taxes is the same size as the separate listing of the price; but
56+ (b) (C) (1) All dispensing equipment for motor fuel shall be marked 5
57+conspicuously to show in numerals of equal size the price, including taxes, of a gallon of the 6
58+motor fuel offered for sale. 7
5459
55- (ii) shall list the total of the price and all taxes by numerals of
56-uniform size.
60+ (2) If numerals that show a fractional cent are used, the combined height 8
61+and width of the numerator and denominator shall equal the height and width of the other 9
62+numerals used. 10
5763
58- (2) In the listing of the total of the price and all taxes, a denominator need
59-not be used to indicate a fraction, but:
64+ (c) (D) (1) A sign or other means on the premises and approaches to a retail 11
65+outlet that advertises the retail price of motor fuel: 12
6066
61- (i) if a denominator is used, the numerator and denominator
62-combined shall be the same size as the numeral that indicates the whole number; or
67+ (i) may list the price and each tax separately if the listing of the 13
68+total of the price and all taxes is the same size as the separate listing of the price; but 14
6369
64- (ii) if a denominator is not used, the numerator shall be the same
65-size as the numeral that indicates the whole number.
70+ (ii) shall list the total of the price and all taxes by numerals of 15
71+uniform size. 16
6672
67- (d) (E) If the retail price of motor fuel is advertised on a sign or by other means
68-on the premises of and approaches to the retail outlet, the grade designation displayed for
69-any motor fuel in the advertisement shall be the same as the grade designation that is
70-required to be displayed for that motor fuel on the retail dispensing pump as specified by
71-the Comptroller.
73+ (2) In the listing of the total of the price and all taxes, a denominator need 17
74+not be used to indicate a fraction, but: 18
7275
73- (e) (F) (1) [This subsection does not apply to a retail service station dealer
74-who operates with not more than 3 dispensing units that combined have not more than 6
75-nozzles.
76+ (i) if a denominator is used, the numerator and denominator 19
77+combined shall be the same size as the numeral that indicates the whole number; or 20
7678
77- (2)] (i) Each retail service station dealer shall keep a sign on the
78-premises that:
79+ (ii) if a denominator is not used, the numerator shall be the same 21
80+size as the numeral that indicates the whole number. 22
7981
80- 1. [states the lowest price] PROMINENTLY DISPLAYS
81-CLEARLY AND VISIBLY , for a whole measurement unit of regular gasoline sold on the
82-premises:
82+ (d) (E) If the retail price of motor fuel is advertised on a sign or by other means 23
83+on the premises of and approaches to the retail outlet, the grade designation displayed for 24
84+any motor fuel in the advertisement shall be the same as the grade designation that is 25
85+required to be displayed for that motor fuel on the retail dispensing pump as specified by 26
86+the Comptroller. 27
8387
84- A. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE
85-CASH PRICE; OR
88+ (e) (F) (1) [This subsection does not apply to a retail service station dealer 28
89+who operates with not more than 3 dispensing units that combined have not more than 6 29
90+nozzles. 30
8691
87- B. THE CREDIT AND DEBIT PRICE AND THE CASH P RICE;
92+ (2)] (i) Each retail service station dealer shall keep a sign on the 31
93+premises that: 32
94+ HOUSE BILL 882 3
8895
89- 2. states the unit of measurement used; and
9096
91- 3. is readable by passing motorists.
97+ 1. [states the lowest price] PROMINENTLY DISPLAYS 1
98+CLEARLY AND VISIBLY , for a whole measurement unit of regular gasoline sold on the 2
99+premises: 3
92100
93- (ii) The sign required under subparagraph (i) of this paragraph also
94-may [state the lowest price] PROMINENTL Y DISPLAY CLEARLY AN D VISIBLY, for a whole
95-measurement unit of diesel and other motor fuel products sold on the premises: WES MOORE, Governor Ch. 451
101+ A. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE 4
102+CASH PRICE; OR 5
96103
97-– 3 –
104+ B. THE CREDIT AND DEBIT PRICE AND THE CASH P RICE; 6
98105
99- 1. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE
100-CASH PRICE; OR
106+ 2. states the unit of measurement used; and 7
101107
102- 2. THE CREDIT AND DEBIT PRICE AND THE CASH P RICE.
108+ 3. is readable by passing motorists. 8
103109
104- [(3)] (2) All numerals on the sign shall:
110+ (ii) The sign required under subparagraph (i) of this paragraph also 9
111+may [state the lowest price] PROMINENTLY DISP LAY CLEARLY AND VISI BLY, for a whole 10
112+measurement unit of diesel and other motor fuel products sold on the premises: 11
105113
106- (i) be uniform;
114+ 1. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE 12
115+CASH PRICE; OR 13
107116
108- (ii) BE THE SAME SIZE;
117+ 2. THE CREDIT AND DEBIT PRICE AND THE CASH P RICE. 14
109118
110- (III) be at least 8 inches high and 3.5 inches wide; and
119+ [(3)] (2) All numerals on the sign shall: 15
111120
112- (iii) (IV) have a brush stroke of at least 1 inch.
121+ (i) be uniform; 16
113122
114- [(4)] (3) A numeral in a fraction or a letter shall be at least one–third the
115-height of a numeral that indicates a whole number.
123+ (ii) BE THE SAME SIZE; 17
116124
117- [(5)] (4) If a new or additional sign is required to comply with this
118-subsection, the supplier of the gasoline shall provide the sign and numerals without cost to
119-the retail service station dealer.
125+ (III) be at least 8 inches high and 3.5 inches wide; and 18
120126
121- (f) (G) A sign required at a service station by this section or any other State or
122-federal law is exempt from the provisions of a local law, ordinance, or regulation for the
123-purpose of determining:
127+ (iii) (IV) have a brush stroke of at least 1 inch. 19
124128
125- (1) the total number of signs permitted; and
129+ [(4)] (3) A numeral in a fraction or a letter shall be at least one–third the 20
130+height of a numeral that indicates a whole number. 21
126131
127- (2) the area of signs permitted.
132+ [(5)] (4) If a new or additional sign is required to comply with this 22
133+subsection, the supplier of the gasoline shall provide the sign and numerals without cost to 23
134+the retail service station dealer. 24
128135
129- (g) Except as provided in subsection (f) of this section, signs regulated by this
130-section or other State law or by federal law may be regulated by the local zoning authority
131-and shall be consistent with the local law, ordinance, or regulation governing signs.
136+ (f) (G) A sign required at a service station by this section or any other State or 25
137+federal law is exempt from the provisions of a local law, ordinance, or regulation for the 26
138+purpose of determining: 27
132139
133- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
134-October 1, 2024.
140+ (1) the total number of signs permitted; and 28
141+ 4 HOUSE BILL 882
135142
136-Approved by the Governor, May 9, 2024.
143+
144+ (2) the area of signs permitted. 1
145+
146+ (g) Except as provided in subsection (f) of this section, signs regulated by this 2
147+section or other State law or by federal law may be regulated by the local zoning authority 3
148+and shall be consistent with the local law, ordinance, or regulation governing signs. 4
149+
150+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
151+October 1, 2024. 6
152+
153+
154+
155+Approved:
156+________________________________________________________________________________
157+ Governor.
158+________________________________________________________________________________
159+ Speaker of the House of Delegates.
160+________________________________________________________________________________
161+ President of the Senate.