TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to the advertising of prices of certain petroleum products
PURPOSE OR GENERAL IDEA OF BILL: Prohibits gas stations from
advertising only cash discounted prices.
SUMMARY OF SPECIFIC PROVISIONS: Section 192 of the agriculture and
markets law is amended by adding a new subdivision 5-a.
JUSTIFICATION: Some gas stations deliberately advertise a low gas
price, which upon closer examination, proves to be exclusive to cash
customers only. This Bill standardizes the display of gas prices,
eliminates misleading advertising, and reflects for customers the true
price of gas. This includes the scenario in which a credit card is
used. Discounts can still be offered to customers who pay cash.
This legislation protects consumers from being lured in by enticing
prices, only to realize that, without cash- they are paying a
previously undisclosed, higher price. With the enactment of this
legislation, regardless of the method of payment, consumers know in
advance what the credit card price is. Even from a distance, the price
sign will be required to display the non-discounted price. The
surprises upon payment might include cash discounts, but will not
present an increased price or unforeseen credit card "penalty".
PRIOR LEGISLATIVE HISTORY: A.10180 of 2012
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 9, 2013
Introduced by M. of A. LENTOL -- read once and referred to the Committee
AN ACT to amend the agriculture and markets law, in relation to the
advertising of prices of certain petroleum products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 192 of the agriculture and markets law is amended
2 by adding a new subdivision 5-a to read as follows:
3 5-A. A. NO PERSON, FIRM OR CORPORATION THAT SELLS OR OFFERS TO SELL AT
4 RETAIL MOTOR FUEL FOR USE IN INTERNAL COMBUSTION ENGINES IN MOTOR VEHI-
5 CLES OR MOTORBOATS SHALL ADVERTISE A DISCOUNTED PRICE FOR CASH PURCHASES
7 (I) SUCH PERSON, FIRM OR CORPORATION ALSO ADVERTISES THE PRICE FOR
8 CREDIT PURCHASES FOR THE SAME FUEL TYPE; AND
9 (II) THE ADVERTISEMENT FOR CREDIT PRICES IS THE SAME SIZE OR LARGER
10 THAN THE ADVERTISEMENT FOR THE REDUCED CASH PURCHASE PRICE.
11 B. ANY PERSON, FIRM, OR CORPORATION WHO SHALL VIOLATE THE PROVISIONS
12 OF THIS SUBDIVISION SHALL BE LIABLE TO A CIVIL PENALTY OF ONE HUNDRED
13 DOLLARS FOR EACH DAY OR PORTION THEREOF THAT THE ILLEGAL ADVERTISEMENT
14 IS PORTRAYED TO THE CONSUMERS.
15 S 2. This act shall take effect on the ninetieth day after it shall
16 have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.