Maryland 2024 Regular Session

Maryland Senate Bill SB651 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	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	5		sb0651
9	6
10	7		SENATE BILL 651
11	8		C2 4lr3250
12		-	CF ~~HB 882~~
	9	+	CF 4lr3253
13	10		By: Senator Kagan
14	11		Introduced and read first time: January 29, 2024
15	12		Assigned to: Finance
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 3, 2024
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Business Regulation – Sale of Motor Fuel – Pricing Signage 2
25		-	(Gas Price Gouging ~~Clarity~~ Act) 3
	19	+	(Gas Price Gouging Act) 3
26	20
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
	21	+	FOR the purpose of altering a signage requirement for retail service stations relating to the 4
	22	+	price of regular gasoline; altering a signage authorization for retail service stations 5
	23	+	relating to the price of diesel and other motor fuel products; repealing an exemption 6
	24	+	from a certain signage requirement for retail service station dealers with not more 7
	25	+	than a certain number of dispensing units and nozzles; and generally relating to 8
	26	+	pricing signs at retail service stations. 9
34	27
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
	28	+	BY repealing and reenacting, with amendments, 10
	29	+	Article – Business Regulation 11
	30	+	Section 10–315 12
	31	+	Annotated Code of Maryland 13
	32	+	(2015 Replacement Volume and 2023 Supplement) 14
40	33
41		-	SECTION 1. BE IT ENACTED BY THE GENERAL ~~AS SEMBLY~~ OF MARYLAND, 16
42		-	That the Laws of Maryland read as follows: 17
	34	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	35	+	That the Laws of Maryland read as follows: 16
43	36
44		-	Article – Business Regulation 18
	37	+	Article – Business Regulation 17
45	38
46		-	10–315. 19
47		-	2 SENATE BILL 651
	39	+	10–315. 18
	40	+
	41	+	(a) A person who sells motor fuel at retail shall display signs in accordance with 19
	42	+	this section. 20
	43	+
	44	+	(b) (1) All dispensing equipment for motor fuel shall be marked conspicuously 21
	45	+	to show in numerals of equal size the price, including taxes, of a gallon of the motor fuel 22
	46	+	offered for sale. 23
	47	+
	48	+	(2) If numerals that show a fractional cent are used, the combined height 24 2 SENATE BILL 651
48	49
49	50
50		-	~~(A) THIS SECTION SUPERSED ES ANY INCONSISTENT PROVISION~~ OF ~~LOCAL~~ 1
51		-	~~LAW~~. 2
	51	+	and width of the numerator and denominator shall equal the height and width of the other 1
	52	+	numerals used. 2
52	53
53		-	(a) (B) A ~~person who sells motor fuel at~~ retail ~~shall display signs in accordance~~ 3
54		-	~~with this section.~~ 4
	54	+	(c) (1) A sign or other means on the premises and approaches to a retail outlet 3
	55	+	that advertises the retail price of motor fuel: 4
55	56
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
	57	+	(i) may list the price and each tax separately if the listing of the 5
	58	+	total of the price and all taxes is the same size as the separate listing of the price; but 6
59	59
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
	60	+	(ii) shall list the total of the price and all taxes by numerals of 7
	61	+	uniform size. 8
63	62
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
	63	+	(2) In the listing of the total of the price and all taxes, a denominator need 9
	64	+	not be used to indicate a fraction, but: 10
66	65
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~~
	66	+	(i) if a denominator is used, the numerator and denominator 11
	67	+	combined shall be the same size as the numeral that indicates the whole number; or 12
69	68
70		-	(ii) ~~shall list~~ the ~~total of~~ the ~~price and all taxes by numerals of 15~~
71		-	~~uniform size~~. 16
	69	+	(ii) if a denominator is not used, the numerator shall be the same 13
	70	+	size as the numeral that indicates the whole number. 14
72	71
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
	72	+	(d) If the retail price of motor fuel is advertised on a sign or by other means on 15
	73	+	the premises of and approaches to the retail outlet, the grade designation displayed for any 16
	74	+	motor fuel in the advertisement shall be the same as the grade designation that is required 17
	75	+	to be displayed for that motor fuel on the retail dispensing pump as specified by the 18
	76	+	Comptroller. 19
75	77
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
	78	+	(e) (1) [This subsection does not apply to a retail service station dealer who 20
	79	+	operates with not more than 3 dispensing units that combined have not more than 6 21
	80	+	nozzles. 22
78	81
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~~
	82	+	(2)] (i) Each retail service station dealer shall keep a sign on the 23
	83	+	premises that: 24
81	84
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
	85	+	1. [states the lowest price] PROMINENTL Y DISPLAYS 25
	86	+	CLEARLY AND VISIBLY , for a whole measurement unit of regular gasoline sold on the 26
	87	+	premises: 27
87	88
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
	89	+	A. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE 28
	90	+	CASH PRICE; OR 29
91	91
92		-	(2)] (i) Each retail service station dealer shall keep a sign on the 31
93		-	premises that: 32
94		-	SENATE BILL 651 3
	92	+	B. THE CREDIT AND DEBIT PRICE AND THE CASH PRICE ; 30
95	93
	94	+	2. states the unit of measurement used; and 31
96	95
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
100		-
101		-	A. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE 4
102		-	CASH PRICE; OR 5
103		-
104		-	B. THE CREDIT AND DEBIT PRICE AND THE CASH P RICE; 6
105		-
106		-	2. states the unit of measurement used; and 7
107		-
108		-	3. is readable by passing motorists. 8
109		-
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
113		-
114		-	1. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE 12
115		-	CASH PRICE; OR 13
116		-
117		-	2. THE CREDIT AND DEBIT PRICE AND THE CASH P RICE. 14
118		-
119		-	[(3)] (2) All numerals on the sign shall: 15
120		-
121		-	(i) be uniform; 16
122		-
123		-	(ii) BE THE SAME SIZE; 17
124		-
125		-	(III) be at least 8 inches high and 3.5 inches wide; and 18
126		-
127		-	(iii) (IV) have a brush stroke of at least 1 inch. 19
128		-
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
131		-
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
135		-
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
139		-
140		-	(1) the total number of signs permitted; and 28
141		-	4 SENATE BILL 651
142		-
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
	96	+	3. is readable by passing motorists. 32 SENATE BILL 651 3
152	97
153	98
154	99
155		-	Approved:
156		-	________________________________________________________________________________
157		-	Governor.
158		-	________________________________________________________________________________
159		-	President of the Senate.
160		-	________________________________________________________________________________
161		-	Speaker of the House of Delegates.
	100	+	(ii) The sign required under subparagraph (i) of this paragraph also 1
	101	+	may [state the lowest price] PROMINENTLY DISPLAY CLEARLY AND VISIBLY, for a whole 2
	102	+	measurement unit of diesel and other motor fuel products sold on the premises: 3
	103	+
	104	+	1. THE CREDIT AND DEBIT PRICE, IF HIGHER THAN THE 4
	105	+	CASH PRICE; OR 5
	106	+
	107	+	2. THE CREDIT AND DEBIT PRICE AND THE CASH PRICE . 6
	108	+
	109	+	[(3)] (2) All numerals on the sign shall: 7
	110	+
	111	+	(i) be uniform; 8
	112	+
	113	+	(ii) be at least 8 inches high and 3.5 inches wide; and 9
	114	+
	115	+	(iii) have a brush stroke of at least 1 inch. 10
	116	+
	117	+	[(4)] (3) A numeral in a fraction or a letter shall be at least one–third the 11
	118	+	height of a numeral that indicates a whole number. 12
	119	+
	120	+	[(5)] (4) If a new or additional sign is required to comply with this 13
	121	+	subsection, the supplier of the gasoline shall provide the sign and numerals without cost to 14
	122	+	the retail service station dealer. 15
	123	+
	124	+	(f) A sign required at a service station by this section or any other State or federal 16
	125	+	law is exempt from the provisions of a local law, ordinance, or regulation for the purpose of 17
	126	+	determining: 18
	127	+
	128	+	(1) the total number of signs permitted; and 19
	129	+
	130	+	(2) the area of signs permitted. 20
	131	+
	132	+	(g) Except as provided in subsection (f) of this section, signs regulated by this 21
	133	+	section or other State law or by federal law may be regulated by the local zoning authority 22
	134	+	and shall be consistent with the local law, ordinance, or regulation governing signs. 23
	135	+
	136	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall t ake effect 24
	137	+	October 1, 2024. 25
	138	+