Senate Bill S342

2023-2024 Legislative Session

Relates to requiring merchants to accept cash as payment for goods

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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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2023-S342 (ACTIVE) - Details

See Assembly Version of this Bill:
A7146
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10686
2019-2020: S5135, A771
2021-2022: S4133, A22

2023-S342 (ACTIVE) - Summary

Requires merchants to accept cash as payment for goods and services; permits the superintendent of financial services to provide exemptions based on certain criteria.

2023-S342 (ACTIVE) - Sponsor Memo

2023-S342 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    342
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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:
 
   Section 1. The general business law is amended by adding a new section
 396-ff to read as follows:
   §  396-FF.  CASH  PAYMENT NON-DISCRIMINATION. 1. ANY RETAIL MERCANTILE
 ESTABLISHMENT AS DEFINED IN ARTICLE TWELVE-B OF THIS CHAPTER,  IN  WHICH
 FOOD  IS  PREPARED,  SOLD,  OR  SERVED SUBJECT TO TITLE EIGHT OF ARTICLE
 THIRTEEN OF THE PUBLIC HEALTH LAW, OR OTHER ESTABLISHMENT OFFERING GOODS
 OR SERVICES FOR SALE SHALL ACCEPT UNITED STATES CURRENCY (CASH) AS LEGAL
 TENDER WHEN OFFERED AS PAYMENT. SUCH ESTABLISHMENT SHALL  NOT  DISCRIMI-
 NATE AGAINST A CASH BUYER BY REQUIRING THE USE OF A CREDIT OR DEBIT CARD
 OR  ELECTRONIC  PAYMENT  DEVICE  OR  PROCESS  IN ORDER TO PURCHASE FOOD,
 GOODS, OR SERVICES. THIS SECTION SHALL  NOT  APPLY  TO  TELEPHONE,  MAIL
 ORDER,  ELECTRONIC,  ONLINE, OR OTHER TRANSACTIONS IN WHICH THE BUYER IS
 NOT PRESENT IN THE ESTABLISHMENT'S PHYSICAL PLACE OF BUSINESS.
   2. THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES MAY MAKE
 REGULATIONS  TO  IMPLEMENT  THIS  SECTION,  INCLUDING  AUTHORIZATION  OF
 EXEMPTIONS  OR  EXCLUSIONS  FROM  THIS SECTION. EXEMPTIONS OR EXCLUSIONS
 UNDER THIS SECTION MAY BE PROVIDED BASED ON CRITERIA INCLUDING, BUT  NOT
 LIMITED  TO,  THE  NATURE  OF THE ESTABLISHMENT; THE NATURE OF THE FOOD,
 GOODS, OR SERVICES; THE DENOMINATION OF CURRENCY USED; OR THE AMOUNT  OF
 THE TRANSACTION.
   3.  A  VIOLATION  OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT TO
 EXCEED FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the superintendent of
 the department of financial services may make regulations and take other
 actions reasonably necessary to implement this act on that date.

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