Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 13, 2010 |
referred to economic development |
Assembly Bill A11083
2009-2010 Legislative Session
Sponsored By
ROSENTHAL
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A11083 (ACTIVE) - Details
- See Senate Version of this Bill:
- S1351
- Current Committee:
- Assembly Economic Development
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง399-i, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1477, S1304
2013-2014: A752, S512
2015-2016: A385, S3045
2017-2018: A1096, S2749
2009-A11083 (ACTIVE) - Summary
Requires that all cash registers newly installed which are customarily used by a business dealing with consumers have a visual display indicating the amount of any sale to such consumer; exempts from such provisions hotels, motels, or retail licensed premises for the on-premises consumption of alcoholic beverages; authorizes the attorney general to seek injunctive relief for violations of such provisions, and authorizes courts to impose a civil penalty of not more than five hundred dollars for each such violation.
2009-A11083 (ACTIVE) - Sponsor Memo
BILL NUMBER:A11083 TITLE OF BILL: An act to amend the general business law, in relation to cash registers PURPOSE: To insure that cash registers used in certain business transactions visually display the amount of the sale to the customer. SUMMARY OF PROVISIONS: Section One of the bill adds a new section, 399-i to the General Business Law stating that any cash register used by or in the operation of a business which customarily deals with consumers (other than a hotel, motel, retail licensed premises for the on-premises consumption of alcoholic beverages or restaurant where a printed and itemized check is provided to the consumer before payment) shall visually display the amount of the sale in a manner readily visible to the consumer. The bill also provides for an enforcement provision allowing the Attorney General to apply to the court for all injunction to enjoin and restrain from violations of the provision. A civil penalty of$500 may also be imposed if injury or damage can be proved. JUSTIFICATION: Mandating cash registers to visually display the sale amount to the consumer will help in the prevention of overcharging and other errors.
2009-A11083 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 11083 I N A S S E M B L Y May 13, 2010 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the general business law, in relation to cash registers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-i to read as follows: S 399-I. CASH REGISTERS. 1. ANY CASH REGISTER USED BY OR IN THE OPERA- TION OF A BUSINESS WHICH CUSTOMARILY DEALS WITH CONSUMERS, OTHER THAN A HOTEL, MOTEL, RETAIL LICENSED PREMISES FOR THE ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES OR RESTAURANT WHERE A PRINTED AND ITEMIZED CHECK IS PROVIDED FOR THE CUSTOMER'S PERUSAL BEFORE PAYMENT, SHALL VISUALLY DISPLAY THE AMOUNT OF ANY SALE IN A MANNER READILY VISIBLE TO SUCH CONSUMER. 2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC- TICE LAW AND RULES. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all cash registers installed on or after such date; provided, however that all existing cash registers in violation of subdivision one of section 399-i of the general business law as added by section one of this act shall be replaced within five years from when this act shall have become a law.
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