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Assembly Bill A6324

2009-2010 Legislative Session

Prohibits certain retailers from imposing a debit card surcharge

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Archive: Last Bill Status - In Assembly Committee

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2009-A6324 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง395-c, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A5460, A7086

2009-A6324 (ACTIVE) - Summary

Prohibits owner or owners, or agent or employee thereof, of any retail food store or an establishment engaged in the retail sale of grocery products from imposing a surcharge to a person who elects to use a debit card or other banking or purchasing card in lieu of payment by cash, check or similar means.

2009-A6324 (ACTIVE) - Bill Text download pdf 

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

                                  6324

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced  by  M.  of  A. TOWNS, ERRIGO, ALFANO, RAIA, COLTON -- Multi-
  Sponsored by -- M. of A.  BRENNAN, ESPAILLAT, FARRELL,  GORDON,  JOHN,
  PEOPLES, PHEFFER, WALKER -- read once and referred to the Committee on
  Consumer Affairs and Protection

AN  ACT to amend the general business law, in relation to unlawful debit
  card surcharges by certain retailers

  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
395-c to read as follows:
  S  395-C.  UNLAWFUL DEBIT CARD SURCHARGES. 1. AS USED IN THIS SECTION,
THE TERM "RETAILER" SHALL MEAN THE OWNER OR OWNERS, OR AGENT OR EMPLOYEE
THEREOF, OF ANY RETAIL FOOD STORE OR ANY ESTABLISHMENT  ENGAGED  IN  THE
RETAIL SALE OF GROCERY PRODUCTS, INCLUDING FOOD, FOOD PRODUCTS, BEVERAG-
ES, PREPACKAGED FOODS AND NON-FOOD PRODUCTS SUCH AS PAPER PRODUCTS, SOAP
AND DETERGENT.
  2.  NO  RETAILER  IN  ANY  SALES  TRANSACTION SHALL IMPOSE ANY SERVICE
CHARGE OR ANY OTHER FORM OF SURCHARGE TO A PERSON WHO ELECTS  TO  USE  A
DEBIT  CARD  OR  OTHER  BANKING OR PURCHASING CARD IN LIEU OF PAYMENT BY
CASH, CHECK OR SIMILAR MEANS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08650-01-9

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