S T A T E   O F   N E W   Y O R K
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                                  8487

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M. of A. P. RIVERA, RAMOS, ARROYO, N. RIVERA, J. RIVERA,
  POWELL, PERALTA, V. LOPEZ, ORTIZ, ESPAILLAT, COLTON, FIELDS,  CALHOUN,
  CLARK  --  Multi-Sponsored  by  --  M. of A. ALFANO, BARRA, BENEDETTO,
  CROUCH, GALEF, GOTTFRIED, GUNTHER, HOOPER,  JACOBS,  LANCMAN,  MAISEL,
  MARKEY,  McENENY,  McKEVITT,  PEOPLES, PERRY, REILLY, SALADINO, SPANO,
  SWEENEY, TITUS, TOWNS, TOWNSEND, WALKER, WEISENBERG -- read  once  and
  referred to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  retail mercantile establishments from requiring a buyer, who  has  the
  original  sales receipt, to produce identification in order to receive
  a refund for or exchange returned merchandise; and to amend the execu-
  tive law, in relation to establishing a statewide register  of  refund
  and exchange violations

  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
219 to read as follows:
  S 219. REFUNDS AND EXCHANGES. 1. NO  RETAIL  MERCANTILE  ESTABLISHMENT
SHALL REQUIRE ANY BUYER TO PRODUCE OR PROVIDE ANY FORM OF IDENTIFICATION
OR  ANY OTHER PROOF OF IDENTITY OR PURCHASE FOR THE PURPOSE OF RECEIVING
A REFUND FOR OR EXCHANGE OF RETURNED GOODS, WARES OR MERCHANDISE IF  THE
BUYER PROVIDES SUCH ESTABLISHMENT WITH:
  (A)  THE ORIGINAL RECEIPT FOR THE SALE OF THE GOODS, WARES OR MERCHAN-
DISE, WHEN PAYMENT THEREFOR WAS MADE IN CASH;
  (B) THE ORIGINAL RECEIPT FOR THE SALE OF THE GOODS, WARES OR  MERCHAN-
DISE  AND THE CREDIT CARD OR DEBIT CARD USED FOR THE PURCHASE, WHEN SUCH
PURCHASE WAS MADE BY MEANS OF A CREDIT CARD OR DEBIT CARD; OR
  (C) THE ORIGINAL RECEIPT FOR THE SALE OF THE GOODS, WARES OR  MERCHAN-
DISE  AND  A  COPY  OF  THE  CHECK,  DRAFT  OR  MONEY ORDER USED FOR THE
PURCHASE, WHEN SUCH PURCHASE WAS MADE BY MEANS  OF  A  CHECK,  DRAFT  OR
MONEY ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10706-01-9
              

A. 8487                             2

  2. IN THE EVENT THAT A BUYER SEEKS TO RECEIVE A REFUND FOR OR EXCHANGE
OF  RETURNED GOODS, WARES OR MERCHANDISE FROM A RETAIL MERCANTILE ESTAB-
LISHMENT AND SUCH BUYER CANNOT PROVIDE THE RETAIL MERCANTILE  ESTABLISH-
MENT  WITH THE ORIGINAL RECEIPT FOR THE SALE THEREOF, THE RETAIL MERCAN-
TILE  ESTABLISHMENT  MAY  REQUIRE THE BUYER TO PROVIDE IDENTIFICATION IN
THE SAME FORM AS IS REQUIRED BY PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF
SECTION 8-303 OF THE ELECTION LAW.
  3.  WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICATION
SHALL 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 DEFENDANT 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 DEFENDANT 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. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT SHALL IMPOSE  A  CIVIL  PENALTY  OF  TWO
THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  THE FIRST SUCH VIOLATION, A CIVIL
PENALTY OF FIVE THOUSAND DOLLARS FOR THE SECOND  SUCH  VIOLATION  WITHIN
FIVE  YEARS, AND A CIVIL PENALTY OF TWENTY-FIVE THOUSAND DOLLARS FOR THE
THIRD OR ANY SUBSEQUENT VIOLATION WITHIN FIVE YEARS. IN CONNECTION  WITH
ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF  THE  RELEVANT  FACTS  AND  ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  2.  The executive law is amended by adding a new section 75 to read
as follows:
  S 75. STATEWIDE  REGISTER  OF  REFUND  AND  EXCHANGE  VIOLATIONS.  THE
DEPARTMENT  OF  LAW  SHALL ESTABLISH, MAINTAIN AND MAKE AVAILABLE TO THE
PUBLIC A REGISTER OF THE NAMES AND ADDRESSES OF RETAIL MERCANTILE ESTAB-
LISHMENTS WHICH HAVE VIOLATED THE  PROVISIONS  OF  SECTION  TWO  HUNDRED
NINETEEN  OF  THE  GENERAL  BUSINESS LAW WITHIN THE PREVIOUS FIVE YEARS.
SUCH REGISTER SHALL ALSO INCLUDE THE DATE OF THE VIOLATION  BY  SUCH  AN
ESTABLISHMENT  AND THE AMOUNT OF THE CIVIL PENALTY IMPOSED THEREFOR. THE
DEPARTMENT OF LAW SHALL MAKE SUCH REGISTER  AVAILABLE  ON  ITS  INTERNET
WEBSITE.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.