Bill Text: NY A05460 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits owner or owners, or agent or employee thereof, of any retail food store or an establishment engaged in the retail sale of grocery products from imposing a surcharge to a person who elects to use a debit card or other banking or purchasing card in lieu of payment by cash, check or similar means.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Introduced - Dead) 2011-04-06 - enacting clause stricken [A05460 Detail]

Download: New_York-2011-A05460-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5460
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 18, 2011
                                      ___________
       Introduced  by  M.  of  A. TOWNS, COLTON, STEVENSON, GUNTHER, N. RIVERA,
         ZEBROWSKI, MONTESANO, GIBSON, SPANO -- Multi-Sponsored by -- M. of  A.
         BRENNAN,  CERETTO,  DenDEKKER, HIKIND, JACOBS, McENENY, REILLY -- read
         once and referred to the Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to unlawful  debit
         card surcharges by certain retailers
         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  395-c to read as follows:
    3    S 395-C. UNLAWFUL DEBIT CARD SURCHARGES. 1. AS USED IN  THIS  SECTION,
    4  THE TERM "RETAILER" SHALL MEAN THE OWNER OR OWNERS, OR AGENT OR EMPLOYEE
    5  THEREOF,  OF  ANY  RETAIL FOOD STORE OR ANY ESTABLISHMENT ENGAGED IN THE
    6  RETAIL SALE OF GROCERY PRODUCTS, INCLUDING FOOD, FOOD PRODUCTS, BEVERAG-
    7  ES, PREPACKAGED FOODS AND NON-FOOD PRODUCTS SUCH AS PAPER PRODUCTS, SOAP
    8  AND DETERGENT.
    9    2. NO RETAILER IN ANY  SALES  TRANSACTION  SHALL  IMPOSE  ANY  SERVICE
   10  CHARGE  OR  ANY  OTHER FORM OF SURCHARGE TO A PERSON WHO ELECTS TO USE A
   11  DEBIT CARD OR OTHER BANKING OR PURCHASING CARD IN  LIEU  OF  PAYMENT  BY
   12  CASH, CHECK OR SIMILAR MEANS.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09274-01-1