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Assembly Bill A5460

2011-2012 Legislative Session

Prohibits certain retailers from imposing a debit card surcharge

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2011-A5460 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add ยง395-c, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A6324

2011-A5460 (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.

2011-A5460 (ACTIVE) - Bill Text download pdf 

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

                                  5460

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced  by  M.  of  A. TOWNS, COLTON, STEVENSON, GUNTHER, N. RIVERA,
  ZEBROWSKI, MONTESANO, GIBSON, SPANO -- Multi-Sponsored by -- M. of  A.
  BRENNAN,  CERETTO,  DenDEKKER, HIKIND, JACOBS, McENENY, REILLY -- 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.
                                                           LBD09274-01-1

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