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Assembly Bill A10430B

2009-2010 Legislative Session

Prohibits the imposition of a surcharge by a seller in a sales transaction on a holder who uses a debit card

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2009-A10430 - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L

2009-A10430 - Summary

Prohibits the imposition of a surcharge by a seller in a sales transaction on a holder who uses a debit card.

2009-A10430 - Sponsor Memo

2009-A10430 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10430

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  imposition of a surcharge by a seller in  a  sales  transaction  on  a
  holder who uses a debit card

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 518 of the general business law, as added by  chap-
ter 160 of the laws of 1984, is amended to read as follows:
  S 518. [Credit] PAYMENT card surcharge prohibited. 1. No seller in any
sales transaction may impose a surcharge on a holder who elects to use a
credit  card OR DEBIT CARD in lieu of payment by cash, check, or similar
means.  FOR PURPOSES OF THIS SECTION, "DEBIT CARD"  INCLUDES  A  PREPAID
CARD  OR  OTHER  MEANS  OF  ACCESS  TO PREPAID FUNDS THAT MAY BE USED TO
INITIATE ELECTRONIC FUNDS TRANSFERS AND MAY BE USED WITHOUT UNIQUE IDEN-
TIFYING INFORMATION SUCH AS A PERSONAL IDENTIFICATION NUMBER TO INITIATE
ACCESS TO PREPAID FUNDS.
  2. Any seller who violates the provisions of  this  section  shall  be
guilty  of a misdemeanor punishable by a fine not to exceed five hundred
dollars or a term of imprisonment up to one year, or both.
  3. NOTHING IN THIS SECTION SHALL PROHIBIT  ANY  SELLER  FROM  OFFERING
DISCOUNTS  TO A BUYER TO INDUCE SUCH A BUYER TO PAY BY CASH, DEBIT CARD,
CHECK, OR SIMILAR MEANS RATHER THAN BY CREDIT  CARD  OR  DEBIT  CARD  IF
OFFERED TO ALL PROSPECTIVE BUYERS AND DISCLOSED CLEARLY AND CONSPICUOUS-
LY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16246-02-0


              

co-Sponsors

2009-A10430A - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L

2009-A10430A - Summary

Prohibits the imposition of a surcharge by a seller in a sales transaction on a holder who uses a debit card.

2009-A10430A - Sponsor Memo

2009-A10430A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10430--A

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M. of A. PHEFFER, P. RIVERA -- read once and referred to
  the  Committee  on  Consumer  Affairs  and  Protection  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation to prohibiting the
  imposition  of  a  surcharge  by  a seller in a sales transaction on a
  holder who uses a debit card

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 518 of the general business law, as added by chap-
ter 160 of the laws of 1984, is amended to read as follows:
  S 518. [Credit] PAYMENT card surcharge prohibited. 1. No seller in any
sales transaction may impose a surcharge on a holder who elects to use a
credit card OR DEBIT CARD in lieu of payment by cash, check, or  similar
means.    FOR  PURPOSES OF THIS SECTION, "DEBIT CARD" INCLUDES A PREPAID
CARD OR OTHER MEANS OF ACCESS TO PREPAID  FUNDS  THAT  MAY  BE  USED  TO
INITIATE ELECTRONIC FUNDS TRANSFERS AND MAY BE USED WITHOUT UNIQUE IDEN-
TIFYING INFORMATION SUCH AS A PERSONAL IDENTIFICATION NUMBER TO INITIATE
ACCESS TO PREPAID FUNDS.
  2.  Any  seller  who  violates the provisions of this section shall be
guilty of a misdemeanor punishable by a fine not to exceed five  hundred
dollars or a term of imprisonment up to one year, or both.
  3.  NOTHING  IN  THIS  SECTION SHALL PROHIBIT ANY SELLER FROM OFFERING
DISCOUNTS TO A BUYER TO INDUCE SUCH A BUYER TO PAY BY CASH, DEBIT  CARD,
CHECK,  OR  SIMILAR  MEANS  RATHER  THAN BY CREDIT CARD OR DEBIT CARD IF
OFFERED TO ALL PROSPECTIVE BUYERS AND DISCLOSED CLEARLY AND CONSPICUOUS-
LY.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16246-05-0


              

co-Sponsors

multi-Sponsors

2009-A10430B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §518, Gen Bus L

2009-A10430B (ACTIVE) - Summary

Prohibits the imposition of a surcharge by a seller in a sales transaction on a holder who uses a debit card.

2009-A10430B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10430--B

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of A. PHEFFER, P. RIVERA, FIELDS, DenDEKKER, JAFFEE,
  MARKEY -- read once and referred to the Committee on Consumer  Affairs
  and   Protection   --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the general business law, in relation to prohibiting the
  imposition of a surcharge by a seller in  a  sales  transaction  on  a
  holder who uses a debit card

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 518 of the general business law, as added by  chap-
ter 160 of the laws of 1984, is amended to read as follows:
  S  518.  [Credit]  PAYMENT card surcharge prohibited.  1. No seller in
any sales transaction may impose a surcharge on a holder who  elects  to
use  a  credit  card OR DEBIT CARD in lieu of payment by cash, check, or
similar means. FOR PURPOSES OF THIS SECTION,  "DEBIT  CARD"  INCLUDES  A
PREPAID  CARD OR OTHER MEANS OF ACCESS TO PREPAID FUNDS THAT MAY BE USED
TO INITIATE ELECTRONIC FUNDS TRANSFERS AND MAY BE  USED  WITHOUT  UNIQUE
IDENTIFYING  INFORMATION  SUCH  AS  A  PERSONAL IDENTIFICATION NUMBER TO
INITIATE ACCESS TO PREPAID FUNDS.
  2. NOTHING IN THIS SECTION SHALL PROHIBIT ANY SELLER FROM:
  A. OFFERING DISCOUNTS TO A BUYER TO INDUCE THE BUYER TO PAY  BY  CASH,
CHECK,  DEBIT CARD, OR SIMILAR MEANS RATHER THAN BY CREDIT CARD OR DEBIT
CARD, IF SUCH DISCOUNTS  ARE  OFFERED  TO  ALL  PROSPECTIVE  BUYERS  AND
DISCLOSED CLEARLY AND CONSPICUOUSLY;
  B.  IMPOSING  A SURCHARGE ON A HOLDER WHO, IN CONNECTION WITH A CREDIT
CARD OR DEBIT CARD TRANSACTION, RECEIVES CASH BACK BEYOND  THE  PURCHASE
AMOUNT  OF THE SALES TRANSACTION, BUT SUCH SURCHARGE MAY ONLY BE APPLIED
IF DISCLOSED CLEARLY AND  CONSPICUOUSLY  TO  THE  HOLDER  PRIOR  TO  THE
COMPLETION  OF  THE  TRANSACTION  AND ONLY APPLIED TO THE AMOUNT OF CASH
BACK PROVIDED BY THE SELLER; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16246-12-0
              

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