senate Bill S3260A

2013-2014 Legislative Session

Enacts the anti-automated sales suppression act

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 3260a
amend and recommit to consumer protection
Jan 08, 2014 referred to consumer protection
Jan 31, 2013 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3260 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §396-ttt, Gen Bus L; add §1113, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S2852A

S3260 - Summary

Enacts the anti-automated sales suppression act.

S3260 - Sponsor Memo

S3260 - Bill Text download pdf

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

                                  3260

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sens.  KRUEGER, ADDABBO, DILAN, PARKER, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Consumer Protection

AN ACT to amend the general business law and the tax law, in relation to
  enacting the anti-automated sales suppression act

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "anti-automated sales suppression act".
  S  2. The general business law is amended by adding a new section 396-
ttt to read as follows:
  S 396-TTT. AUTOMATED SALES SUPPRESSION.   1. DEFINITIONS. AS  USED  IN
THIS SECTION:
  (A)  "AUTOMATED  SALES  SUPPRESSION  DEVICE"  OR "ZAPPER" SHALL MEAN A
SOFTWARE PROGRAM, CARRIED ON A MEMORY  STICK,  REMOVABLE  COMPACT  DISC,
ACCESSED  THROUGH  AN INTERNET LINK OR ACCESSED THROUGH ANY OTHER MEANS,
THAT FALSIFIES THE ELECTRONIC RECORDS OF POINT-OF-SALE SYSTEMS  FOR  THE
PURPOSE OF TAX EVASION.
  (B)  "CERTIFICATE OF INCORPORATION" SHALL MEAN A CERTIFICATE OF INCOR-
PORATION AS DEFINED IN SUBPARAGRAPH THREE OF PARAGRAPH  (A)  OF  SECTION
ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW.
  (C)  "DEPARTMENT"  SHALL  MEAN  THE  STATE  DEPARTMENT OF TAXATION AND
FINANCE.
  (D) "ELECTRONIC CASH REGISTER" SHALL MEAN A DEVICE THAT KEEPS A REGIS-
TER 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  RETAIL  SALES TRANSACTION DATA IN
WHATEVER MANNER.
  (E) "PHANTOM-WARE" SHALL MEAN A HIDDEN, PRE-INSTALLED OR INSTALLED  AT
A  LATER  TIME  PROGRAMMING OPTION EMBEDDED IN THE OPERATING SYSTEM OF A
ELECTRONIC CASH REGISTER OR HARD WIRED INTO THE ELECTRONIC CASH REGISTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07090-01-3

Co-Sponsors

S3260A (ACTIVE) - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §396-ttt, Gen Bus L; add §1113, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S2852A

S3260A (ACTIVE) - Summary

Enacts the anti-automated sales suppression act.

S3260A (ACTIVE) - Sponsor Memo

S3260A (ACTIVE) - Bill Text download pdf

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

                                 3260--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sens.  KRUEGER, ADDABBO, DILAN, PARKER, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Consumer  Protection -- recommitted to the Committee on
  Consumer Protection in accordance  with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the tax law, in relation to
  enacting the anti-automated sales suppression act

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "anti-automated sales suppression act".
  S 2. The general business law is amended by adding a new section  396-
ttt to read as follows:
  S  396-TTT.  AUTOMATED SALES SUPPRESSION.   1. DEFINITIONS. AS USED IN
THIS SECTION:
  (A) "AUTOMATED SALES SUPPRESSION DEVICE"  OR  "ZAPPER"  SHALL  MEAN  A
SOFTWARE  PROGRAM,  CARRIED  ON  A MEMORY STICK, REMOVABLE COMPACT DISC,
ACCESSED THROUGH AN INTERNET LINK OR ACCESSED THROUGH ANY  OTHER  MEANS,
THAT  FALSIFIES  THE ELECTRONIC RECORDS OF POINT-OF-SALE SYSTEMS FOR THE
PURPOSE OF TAX EVASION.
  (B) "CERTIFICATE OF INCORPORATION" SHALL MEAN A CERTIFICATE OF  INCOR-
PORATION  AS  DEFINED  IN SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SECTION
ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW.
  (C) "DEPARTMENT" SHALL MEAN  THE  STATE  DEPARTMENT  OF  TAXATION  AND
FINANCE.
  (D) "ELECTRONIC CASH REGISTER" SHALL MEAN A DEVICE THAT KEEPS A REGIS-
TER 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  RETAIL  SALES  TRANSACTION  DATA  IN
WHATEVER MANNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07090-02-4

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