Assembly Actions -
Senate Actions - UPPERCASE
|Jun 19, 2012
referred to ways and means
delivered to assembly
ordered to third reading cal.1338
|Jun 15, 2012
referred to rules
Senate Bill S7733
2011-2012 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S7733 (ACTIVE) - Details
2011-S7733 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7733 TITLE OF BILL: An act to amend the tax law, in relation to prohibiting the use of automated sales suppression devices, zappers or phantom-ware PURPOSE: To make it illegal for a person to knowingly purchase, possess, install, update, maintain, upgrade, transfer or use any automated sales suppression device, zapper or phantom-ware. SUMMARY OF PROVISIONS: Section 1: Adds a new section 1816 to the tax law to define Automated sales suppression device or zapper, electronic cash register, phantom-ware, transaction data and transaction data. Prohibits and makes it an offense for a person to knowingly purchase, possess, install, update, transfer or use any automated sales suppression device, zapper or phantom-ware. It is also an offense to transmit data with the intent of data manipulation. A violation violation is a class E felony punishable by a fine or not less than five thousand dollars but not more than twenty-five thousand dollars. For a second offense within five years, it is punishable by a fine of not less than twenty-five thousand dollars
2011-S7733 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7733 I N S E N A T E June 15, 2012 ___________ Introduced by Sens. MARCELLINO, KRUEGER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Rules AN ACT to amend the tax law, in relation to prohibiting the use of auto- mated sales suppression devices, zappers or phantom-ware THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The tax law is amended by adding a new section 1816 to read as follows: S 1816. AUTOMATED SALES SUPPRESSION. (A) DEFINITIONS. AS USED IN THIS SECTION: (1) "AUTOMATED SALES SUPPRESSION DEVICE" OR "ZAPPER" MEANS A SOFTWARE PROGRAM, CARRIED ON A MEMORY STICK OR REMOVABLE COMPACT DISC, ACCESSED THROUGH AN INTERNET LINK, OR ACCESSED THROUGH ANY OTHER MEANS, THAT FALSIFIES THE ELECTRONIC RECORDS OF ELECTRONIC CASH REGISTERS AND OTHER POINT-OF-SALE SYSTEMS, INCLUDING, BUT NOT LIMITED TO, TRANSACTION DATA AND TRANSACTION REPORTS. (2) "ELECTRONIC CASH REGISTER" MEANS A DEVICE THAT KEEPS A REGISTER OR SUPPORTING DOCUMENTS THROUGH THE MEANS OF AN ELECTRONIC DEVICE OR COMPUTER SYSTEM DESIGNED TO RECORD TRANSACTION DATA FOR THE PURPOSE OF COMPUTING, COMPILING, OR PROCESSING TRANSACTION DATA. (3) "PHANTOM-WARE" MEANS A HIDDEN, PREINSTALLED, OR INSTALLED AT A LATER TIME PROGRAMMING OPTION EMBEDDED IN THE OPERATING SYSTEM OF AN ELECTRONIC CASH REGISTER OR HARDWIRED INTO THE ELECTRONIC CASH REGISTER THAT WITH INTENT OR BY SPECIFIC DESIGN IS USED TO CREATE A VIRTUAL SECOND TILL OR MAY ELIMINATE OR MANIPULATE TRANSACTION RECORDS THAT MAY OR MAY NOT BE PRESERVED IN DIGITAL FORMATS TO REPRESENT THE TRUE OR MANIPULATED RECORD OF TRANSACTIONS IN THE ELECTRONIC CASH REGISTER. (4) "TRANSACTION DATA" MEANS DATA ASSOCIATED WITH ITEMS PURCHASED BY A CUSTOMER, THE PRICE FOR EACH ITEM, A TAXABILITY DETERMINATION FOR EACH ITEM, A SEGREGATED TAX AMOUNT FOR EACH OF THE TAXED ITEMS, THE AMOUNT OF CASH OR CREDIT TENDERED, THE NET AMOUNT RETURNED TO THE CUSTOMER IN CHANGE, THE DATE AND TIME OF THE PURCHASE, THE NAME, ADDRESS, AND IDEN- TIFICATION NUMBER OF THE VENDOR, AND THE RECEIPT, SEQUENCE OR INVOICE NUMBER OF THE TRANSACTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.