Senate Bill S362

2017-2018 Legislative Session

Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags in cities having a population of one million or more

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Sponsored By

Archive: Last Bill Status - In Senate Committee Cities 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

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2017-S362 (ACTIVE) - Details

See Assembly Version of this Bill:
A1750
Current Committee:
Senate Cities
Law Section:
General City Law
Laws Affected:
Add §13-d, Gen City L
Versions Introduced in 2015-2016 Legislative Session:
S7336, A9904

2017-S362 (ACTIVE) - Summary

Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags in cities having a population of one million or more.

2017-S362 (ACTIVE) - Sponsor Memo

2017-S362 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    362
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  FELDER -- 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 in certain cities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  city law is amended by adding a new section
 13-d to read as follows:
   § 13-D. PROHIBITION ON THE IMPOSITION OF ANY TAX, FEE OR LOCAL  CHARGE
 ON  CARRY  OUT  MERCHANDISE BAGS.   1. DEFINITIONS. FOR PURPOSES OF THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "CARRY OUT MERCHANDISE BAG" SHALL MEAN ANY PLASTIC, PAPER OR  OTHER
 BAG  OR CARRYING CONTAINER, PROVIDED BY A RETAIL STORE, TO A CUSTOMER OF
 THAT STORE, FOR THE PURPOSE OF CARRYING AND/OR TRANSPORTING  MERCHANDISE
 LAWFULLY  OBTAINED  AT  SUCH  STORE.  A  CARRY OUT MERCHANDISE BAG SHALL
 INCLUDE ANY PLASTIC CARRYOUT BAG  AS  DEFINED  BY  SUBDIVISION  FOUR  OF
 SECTION 27-2701 OF THE ENVIRONMENTAL CONSERVATION LAW, AS ADDED BY CHAP-
 TER SIX HUNDRED FORTY-ONE OF THE LAWS OF TWO THOUSAND EIGHT.
   B.  "RETAIL  STORE"  SHALL MEAN ANY BUSINESS ESTABLISHMENT, INCLUDING,
 BUT NOT LIMITED TO, A GROCERY STORE, CONVENIENCE STORE,  DAIRY  PRODUCTS
 STORE,  PRODUCE  MARKET,  DEPARTMENT  STORE,  GENERAL MERCHANDISE STORE,
 CLOTHING STORE, HARDWARE STORE, PHARMACY, DRUG STORE, HOTEL, RESTAURANT,
 SODA FOUNTAIN, GASOLINE STATION, OR ANY OTHER SIMILAR MERCANTILE  ESTAB-
 LISHMENT  OFFERING GOODS AND/OR SERVICES AT RETAIL TO INDIVIDUAL CONSUM-
 ERS, AND/OR ANY OTHER ESTABLISHMENT WHICH IN THE REGULAR COURSE OF BUSI-
 NESS SELLS OR RENTS GOODS OR SERVICES DIRECTLY TO THE PUBLIC.
   2. PROHIBITION ON THE IMPOSITION OF A TAX, FEE OR LOCAL CHARGE ON  ANY
 CARRY  OUT  MERCHANDISE BAG. NO CITY WITH A POPULATION OF ONE MILLION OR
 MORE SHALL IMPOSE ANY TAX, FEE OR ANY OTHER LOCAL CHARGE  ON  ANY  CARRY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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