|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 01, 2016||reported referred to ways and means|
|Apr 26, 2016||referred to cities|
assembly Bill A9904
Archive: Last Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Michael G. Miller
A9904 - Details
A9904 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9904 I N A S S E M B L Y April 26, 2016 ___________ Introduced by M. of A. CUSICK, WEPRIN -- read once and referred to the Committee on Cities AN ACT to amend the general city law, in relation to prohibiting the imposition of any tax, fee or local charge on carry out merchandise bags THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general city law is amended by adding a new section 13-d to read as follows: S 13-D. PROHIBITION ON THE IMPOSITION OF ANY TAX, FEE OR LOCAL CHARGE ON CARRY OUT MERCHANDISE BAGS. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "CARRY OUT MERCHANDISE BAG" SHALL MEAN ANY PLASTIC, PAPER OR OTHER BAG OR CARRYING CONTAINER, PROVIDED BY A RETAIL STORE, TO A CUSTOMER OF THAT STORE, FOR THE PURPOSE OF CARRYING AND/OR TRANSPORTING MERCHANDISE LAWFULLY OBTAINED AT SUCH STORE. A CARRYOUT MERCHANDISE BAG SHALL INCLUDE ANY PLASTIC CARRYOUT BAG AS DEFINED BY SUBDIVISION FOUR OF SECTION 27-2701 OF THE ENVIRONMENTAL CONSERVATION LAW, AS ADDED BY CHAP- TER SIX HUNDRED FORTY-ONE OF THE LAWS OF TWO THOUSAND EIGHT. B. "RETAIL STORE" SHALL MEAN ANY BUSINESS ESTABLISHMENT, INCLUDING, BUT NOT LIMITED TO, A GROCERY STORE, CONVENIENCE STORE, DAIRY PRODUCTS STORE, PRODUCE MARKET, DEPARTMENT STORE, GENERAL MERCHANDISE STORE, CLOTHING STORE, HARDWARE STORE, PHARMACY, DRUG STORE, HOTEL, RESTAURANT, SODA FOUNTAIN, GASOLINE STATION, OR ANY OTHER SIMILAR MERCANTILE ESTAB- LISHMENT OFFERING GOODS AND/OR SERVICES AT RETAIL TO INDIVIDUAL CONSUM- ERS, AND/OR ANY OTHER ESTABLISHMENT WHICH IN THE REGULAR COURSE OF BUSI- NESS SELLS OR RENTS GOODS OR SERVICES DIRECTLY TO THE PUBLIC. 2. PROHIBITION ON THE IMPOSITION OF A TAX, FEE OR LOCAL CHARGE ON ANY CARRY OUT MERCHANDISE BAG. NO CITY, INCLUDING ANY CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL IMPOSE ANY TAX, FEE OR ANY OTHER LOCAL CHARGE ON ANY CARRY OUT MERCHANDISE BAG AS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION. THIS PROHIBITION SHALL APPLY TO ALL CITIES, INCLUDING ANY CITY WITH A POPULATION OF ONE MILLION OR MORE, REGARDLESS OF WHETHER SUCH TAX, FEE OR OTHER LOCAL CHARGE IS ATTEMPTED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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