Bill Text: NY S07336 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Engrossed - Dead) 2016-06-07 - referred to ways and means [S07336 Detail]

Download: New_York-2015-S07336-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7336
                    IN SENATE
                                     April 15, 2016
                                       ___________
        Introduced  by  Sens.  FELDER,  LANZA,  GOLDEN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Cities
        AN ACT to amend the general city law, in  relation  to  prohibiting  the
          imposition  of  any  tax, fee or local charge on carry out merchandise
          bags
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  city law is amended by adding a new section
     2  13-d to read as follows:
     3    § 13-d. Prohibition on the imposition of any tax, fee or local  charge
     4  on  carry  out  merchandise bags.   1. Definitions. For purposes of this
     5  section the following terms shall have the following meanings:
     6    a. "Carry out merchandise bag" shall mean any plastic, paper or  other
     7  bag  or carrying container, provided by a retail store, to a customer of
     8  that store, for the purpose of carrying and/or transporting  merchandise
     9  lawfully  obtained  at  such  store.  A  carryout  merchandise bag shall
    10  include any plastic carryout bag  as  defined  by  subdivision  four  of
    11  section 27-2701 of the environmental conservation law, as added by chap-
    12  ter six hundred forty-one of the laws of two thousand eight.
    13    b.  "Retail  store"  shall mean any business establishment, including,
    14  but not limited to, a grocery store, convenience store,  dairy  products
    15  store,  produce  market,  department  store,  general merchandise store,
    16  clothing store, hardware store, pharmacy, drug store, hotel, restaurant,
    17  soda fountain, gasoline station, or any other similar mercantile  estab-
    18  lishment  offering goods and/or services at retail to individual consum-
    19  ers, and/or any other establishment which in the regular course of busi-
    20  ness sells or rents goods or services directly to the public.
    21    2. Prohibition on the imposition of a tax, fee or local charge on  any
    22  carry out merchandise bag. No city, including any city with a population
    23  of  one  million  or  more, shall impose any tax, fee or any other local
    24  charge on any carry out merchandise bag as defined  in  paragraph  a  of
    25  subdivision  one  of  this  section. This prohibition shall apply to all
    26  cities, including any city with a population of  one  million  or  more,
    27  regardless  of  whether such tax, fee or other local charge is attempted
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15036-02-6