Bill Text: NY A06537 | 2009-2010 | General Assembly | Introduced

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Bill Title: Imposes a fifteen cent tax on plastic shopping bags used to transport every sale of tangible personal property by consumers; provides for certain exemptions and imposes limitations on the size of plastic bags used for the sale of tangible personal property.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A06537 Detail]

Download: New_York-2009-A06537-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6537
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2009
                                      ___________
       Introduced  by  M.  of  A.  ORTIZ, CARROZZA, GALEF, KAVANAGH, SCHIMEL --
         Multi-Sponsored by -- M.  of A. McENENY, ROSENTHAL --  read  once  and
         referred to the Committee on Ways and Means
       AN  ACT  to  amend the tax law, in relation to imposing a tax on plastic
         shopping bags used to transport every sale of tangible personal  prop-
         erty by consumers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The tax law is amended by adding a new section 1113 to read
    2  as follows:
    3    S 1113. IMPOSITION OF TAX; PLASTIC SHOPPING BAGS. (A) THERE IS  HEREBY
    4  IMPOSED  AND  THERE  SHALL  BE  PAID A TAX OF FIFTEEN CENTS UPON PLASTIC
    5  SHOPPING BAGS USED TO TRANSPORT EVERY SALE OF TANGIBLE PERSONAL PROPERTY
    6  BY CONSUMERS.
    7    (B)(1) THE TAX IMPOSED, PURSUANT TO SUBDIVISION (A) OF  THIS  SECTION,
    8  SHALL  APPLY  AT  THE  POINT  OF  SALE  IN  SHOPS, SUPERMARKETS, SERVICE
    9  STATIONS AND ALL SALES OUTLETS. RETAILERS SHALL PASS ON THE FULL  AMOUNT
   10  OF SUCH TAX AS A CHARGE TO THE CUSTOMER DURING HIS OR HER CHECKOUT.
   11    (2)  SUCH  TAX  SHALL BE ITEMIZED ON ALL INVOICES, RECEIPTS OR DOCKETS
   12  ISSUED TO CUSTOMERS AT THE POINT OF SALE.
   13    (C) THE FOLLOWING SHALL BE EXEMPT FROM THE  TAX  IMPOSED  PURSUANT  TO
   14  SUBDIVISION (A) OF THIS SECTION:
   15    (1) PLASTIC BAGS CONTAINING FRESH MEAT, FISH OR POULTRY;
   16    (2)  PLASTIC  BAGS  CONTAINING  NON-PACKED  FRUIT, NUTS OR VEGETABLES,
   17  CONFECTIONERY, DAIRY PRODUCTS, COOKED FOOD OR ICE;
   18    (3) PLASTIC BAGS USED TO STORE PRODUCTS  SOLD  ON  BOARD  AIRCRAFT  OR
   19  SHIPS;
   20    (4)  REUSEABLE BAGS SOLD TO CUSTOMERS FOR A SUM NOT LESS THAN SEVENTY-
   21  FIVE CENTS; AND
   22    (5) ANY PLASTIC BAG BROUGHT TO THE STORE BY THE CUSTOMER  TO  BE  USED
   23  DURING THE SALE OF TANGIBLE PERSONAL PROPERTY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10015-01-9
       A. 6537                             2
    1    (D) IF ANY OTHER ITEM IS PLACED IN A PLASTIC BAG EXEMPT BY SUBDIVISION
    2  (C) OF THIS SECTION, SUCH CUSTOMER SHALL BE CHARGED THE FIFTEEN CENT TAX
    3  DURING HIS OR HER CHECKOUT.
    4    (E)  PLASTIC  BAGS  USED  FOR EVERY SALE OF TANGIBLE PERSONAL PROPERTY
    5  SHALL NOT BE LARGER THAN TWO HUNDRED FIFTY MILLIMETERS BY THREE  HUNDRED
    6  FORTY-FIVE MILLIMETERS BY FOUR HUNDRED FIFTY MILLIMETERS.
    7    S  2. This act shall take effect on the first of January next succeed-
    8  ing the date on which it shall have become a law.  Effective  immediate-
    9  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   10  necessary for the implementation of this act on its effective  date  are
   11  authorized  and  directed  to  be  made  and completed on or before such
   12  effective date.