NY State Senate Bill S362

Archive: Last Bill Status - In Senate Committee Cities Committee

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

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities returned to senate died in assembly
Jan 18, 2017	referred to cities
Jan 17, 2017	delivered to assembly passed senate ordered to third reading cal.35 committee discharged and committed to rules
Jan 04, 2017	referred to cities

Votes

Co-Sponsors

S362 (ACTIVE) - Details

See Assembly Version of this Bill:: A1750
Law Section:: General City Law
Laws Affected:: Add §13-d, Gen City L
Versions Introduced in 2015-2016 Legislative Session:: S7336, A9904

S362 (ACTIVE) - Summary

Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags in cities having a population of one million or more.

S362 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S362

 TITLE OF BILL :

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 in certain cities

 PURPOSE :

This bill seeks to prohibit the imposition and/or collection of any
tax, fee or local charge on carry out merchandise bags.

 SUMMARY OF PROVISIONS :

Section one of the bill would amend the general city law to add a new
section 13-D to prohibit the imposition and/or collection of any tax,
fee or local charge on carry out merchandise bags imposed by a city
with a population of one million or more.

More specifically, subdivision one of this bill would provide a
definition of carry out merchandise bag and retail store, while
subdivision two would establish a prohibition on any city of one
million or more, from imposing any tax, fee or local charge on any
carry out merchandise bag, and subdivision three would establish a
corollary prohibition in any city of one million or more, from having

a wholesaler or retailer collect such a tax, fee or local charge on
any carry out merchandise bag.

 JUSTIFICATION :

Carry out merchandise bags are 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. They further include any plastic
carryout bag as defined by subdivision four of section 27-2701 of the
environmental conservation law. In brief, they are most often
disposable bags provided to customers by a grocery or other retail
store for the purposes of carrying or transporting their food items or
other merchandise from the store to the customer's home.

For decades, grocery stores and retailers have provided customers with
disposable carry out bags to transport their merchandise. For many
years, such disposable bags were predominantly made of paper, but in
an effort to accommodate advocates in the environmental movement and
promote environmental protection, so as to save trees and switch to a
more eco-friendly recyclable material, most grocery stores and retail
establishments have switched to plastic bags and containers. These
disposable bags are easily recyclable, safe, convenient and healthy,
and have become the standard in the retail marketplace.

Despite the fact that there are many recycling programs for carryout
plastic bags, both in practice and in law, there has now developed a
movement in the environmental community to abandon its previous
advocacy for disposable plastic bags and advance the promotion of
permanent, customer owned shopping bags. As consumers clearly prefer
the disposable bags presently provided by grocery stores and other
retail establishments, those who favor the permanent, customer owned
shopping bags, now seek to force consumers to modify their behavior,
by means of the imposition of a tax or fee on every disposable carry
out merchandise bag provided by a retailer.

Although well intentioned, this bag tax or fee idea, is actually
harmful to consumers, families, retailers and public health. It is not
only impracticable to believe that every consumer can provide their
own carry out bag or container, but imposing a tax or fee on every bag
provided by the retailer, would significantly increase the cost of
groceries and every retail item sold in any city that imposes such a
tax or fee. Families who are already facing a high cost of living,
would be seriously and negatively impacted by this misguided and
unnecessary tax or fee.

Worse still, if customers do begin to provide their own carry out
bags, as those who support this tax or fee intend, such reusable bags
will undoubtedly present a serious public health issue. For such
reusable bags often present the risk of bringing into the store a
contaminate of food based disease, bacteria or other illness, which
can cause serious cross contamination or infection for both the
customer, or other customers, or store employees. Issues such as
salmonella, or other bacteria or viruses, which escape from food
previously carried in the reusable bag, or which are being spread from
the exposure to customer's own home environment, can be easily spread
from exposure to the reusable bag.

To bring such source of contaminates or disease back into the store is
both ill advised and dangerous. Accordingly, unless the reusable bag
has been completely cleaned and disinfected, which is a practice few
consumers with such reusable bags follow, this practice is one that
could well cause serious harm and disease to all the people exposed to
the bag. There is a reason why health care facilities, restaurants,
hotels and other entities that provide food and exposure to the public
use disposable and sterilized items. There is a reason why grocery and
retail stores have been using disposable bags for generations. To do
otherwise is simply irresponsible, and non disposable bags illustrate
this avoidable and ill advised risk.

As a result, it can be seen that this misguided tax or fee desperately
needs to be prohibited from being imposed in the City of New York.

 LEGISLATIVE HISTORY :

2016: S.7336 - Passed Senate.

 BUDGET IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act would take effect immediately.

S362 (ACTIVE) - Bill Text download pdf


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

                                   362

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed 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 in certain cities

  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:
  § 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  CARRY OUT 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 WITH A POPULATION OF ONE MILLION OR
MORE SHALL IMPOSE ANY TAX, FEE OR ANY OTHER LOCAL CHARGE  ON  ANY  CARRY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06793-01-7

S. 362                              2

OUT MERCHANDISE BAG AS DEFINED IN PARAGRAPH A OF SUBDIVISION ONE OF THIS
SECTION.  THIS  PROHIBITION SHALL APPLY TO ANY CITY WITH A POPULATION OF
ONE MILLION OR MORE, REGARDLESS OF WHETHER SUCH TAX, FEE OR OTHER  LOCAL
CHARGE  IS  ATTEMPTED  TO  BE ASSESSED OR CHARGED BY THE CITY INDIRECTLY
AGAINST THE WHOLESALER PROVIDING ANY CARRY OUT MERCHANDISE  BAG  TO  THE
RETAIL STORE, OR INDIRECTLY AGAINST THE RETAIL STORE PROVIDING ANY CARRY
OUT  MERCHANDISE  BAG  TO THE CUSTOMER, OR DIRECTLY AGAINST THE CUSTOMER
RECEIVING THE CARRY OUT MERCHANDISE BAG FROM THE RETAIL STORE.
  3. PROHIBITION ON THE COLLECTION OF A TAX, FEE OR LOCAL CHARGE ON  ANY
CARRY  OUT  MERCHANDISE  BAG.  NO WHOLESALER OR RETAILER MAY COLLECT ANY
CHARGE, TAX OR ANY OTHER FEE THAT HAS BEEN ASSESSED OR  DIRECTED  TO  BE
IMPOSED  UPON  CUSTOMERS  BY  A CITY WITH A POPULATION OF ONE MILLION OR
MORE FOR THE PROVISION OF ANY CARRY OUT MERCHANDISE BAG. NOTHING IN THIS
SUBDIVISION SHALL BE DEEMED TO PREVENT A WHOLESALER  FROM  COLLECTING  A
CHARGE  FROM  A RETAILER FOR THE SALE OF A CARRY OUT MERCHANDISE BAG, OR
PREVENT A RETAILER FROM COLLECTING A CHARGE FROM A CUSTOMER FOR A  CARRY
OUT  MERCHANDISE  BAG, IF SUCH CHARGE WAS NOT ASSESSED OR DIRECTED TO BE
IMPOSED UPON CUSTOMERS BY A CITY WITH A POPULATION  OF  ONE  MILLION  OR
MORE.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S362

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities Committee

Your Voice

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Votes

Jan 17, 2017 - floor Vote

Floor Vote: Jan 17, 2017

Jan 17, 2017 - Rules committee Vote

Rules Committee Vote: Jan 17, 2017

Co-Sponsors

S362 (ACTIVE) - Details

S362 (ACTIVE) - Summary

S362 (ACTIVE) - Sponsor Memo

S362 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S362

Share this bill

Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Cities Committee

Your Voice

Actions

Votes

Jan 17, 2017 - floor Vote

Floor Vote: Jan 17, 2017

Jan 17, 2017 - Rules committee Vote

Rules Committee Vote: Jan 17, 2017

Co-Sponsors

Fred Akshar

Tony Avella

Martin J. Golden

Andrew J. Lanza

Diane J. Savino

S362 (ACTIVE) - Details

S362 (ACTIVE) - Summary

S362 (ACTIVE) - Sponsor Memo

S362 (ACTIVE) - Bill Text download pdf

Comments