Bill Text: NY S05135 | 2019-2020 | General Assembly | Introduced

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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: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S05135 Detail]

Download: New_York-2019-S05135-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5135
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 10, 2019
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer 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.
    23    § 2. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law. Effective immediately, the superintendent of
    25  the department of financial services may make regulations and take other
    26  actions reasonably necessary to implement this act on that date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03862-01-9