Bill Text: NY A00771 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Requires merchants to accept cash as payment for goods and services; permits the superintendent of financial services to provide exemptions based on certain criteria.

Spectrum: Moderate Partisan Bill (Democrat 22-3)

Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A00771 Detail]

Download: New_York-2019-A00771-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           771
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2019
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED, D'URSO, DINOWITZ, COLTON, WRIGHT,
          SIMON, COOK, McDONOUGH, PICHARDO, MONTESANO,  GALEF,  MOSLEY,  HUNTER,
          SEAWRIGHT,  BARRON, ARROYO, GLICK, LAVINE, OTIS, CAHILL -- Multi-Spon-
          sored by -- M.  of A. ENGLEBRIGHT, LAWRENCE, RAMOS --  read  once  and
          referred to the Committee on Consumer Affairs and Protection
        AN  ACT  to  amend  the  general  business law, in relation to requiring
          merchants to accept cash as payment for goods
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  396-aaa to read as follows:
     3    §  396-aaa.  Cash payment non-discrimination. 1. Any retail mercantile
     4  establishment as defined in article twelve-B of this chapter,  in  which
     5  food  is  prepared,  sold,  or  served subject to title eight of article
     6  thirteen of the public health law, or other establishment offering goods
     7  or services for sale shall accept United States currency (cash) as legal
     8  tender when offered as payment. Such establishment shall  not  discrimi-
     9  nate against a cash buyer by requiring the use of a credit or debit card
    10  or  electronic  payment  device  or  process  in order to purchase food,
    11  goods, or services. This section shall  not  apply  to  telephone,  mail
    12  order,  electronic,  online, or other transactions in which the buyer is
    13  not present in the establishment's physical place of business.
    14    2. The superintendent of the department of financial services may make
    15  regulations  to  implement  this  section,  including  authorization  of
    16  exemptions  or  exclusions  from  this section. Exemptions or exclusions
    17  under this section may be provided based on criteria including, but  not
    18  limited  to,  the  nature  of the establishment; the nature of the food,
    19  goods, or services; the denomination of currency used; or the amount  of
    20  the transaction.
    21    3.  A  violation  of this section shall be punishable by a fine not to
    22  exceed five hundred dollars.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03862-01-9
        A. 771                              2
     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law. Effective immediately, the superintendent of
     3  the department of financial services may make regulations and take other
     4  actions reasonably necessary to implement this act on that date.