senate Bill S362

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Co-Sponsors

view additional co-sponsors

S362 - Details

See Assembly Version of this Bill:
A1750
Current Committee:
Law Section:
General City Law
Laws Affected:
Add ยง13-d, Gen City L
Versions Introduced in 2015-2016 Legislative Session:
S7336, A9904

S362 - 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 - Sponsor Memo

S362 - 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:
  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  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.