NY State Senate Bill 2017-S6717

Senate Bill S6717

2017-2018 Legislative Session

Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags in the county of Suffolk

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to local government returned to senate died in assembly
Jun 20, 2017	referred to local governments delivered to assembly passed senate ordered to third reading cal.2092
Jun 14, 2017	referred to rules

Votes

- Jun 20, 2017 - Floor Vote
  S6717
  
  38
  
  Aye
  
  23
  
  Nay
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2017
      
      aye (38)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Helming
      
      Jacobs
      
      Klein
      
      Lanza
      
      Little
      
      Marcellino
      
      Marchione
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Seward
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (23)
      
      Alcantara
      
      Bailey
      
      Benjamin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Latimer
      
      Montgomery
      
      Murphy
      
      Parker
      
      Rivera
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      absent (2)
      
      Larkin
      
      Sanders Jr.
  Jun 20, 2017 - Rules Committee Vote
  S6717
  
  12
  
  Aye
  
  12
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2017
      
      aye (12)
      
      Bonacic
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      nay (12)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Montgomery
      
      Parker
      
      Squadron
      
      Stewart-Cousins
      
      aye wr (1)
      
      LaValle

2017-S6717 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: County Law
Laws Affected:: Add §853, County L

2017-S6717 (ACTIVE) - Summary

Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags in the county of Suffolk.

2017-S6717 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6717

 TITLE OF BILL :  An act to amend the county law, in relation to
prohibiting the imposition of any tax, fee or local charge on carry
out merchandise bags in Suffolk county

 PURPOSE :

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

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend the county law to add a new section
853 to prohibit the imposition and/or collection of any tax, fee or
local charge on carry out merchandise bags imposed by the county of
Suffolk.

Section 2 sets forth an immediate effective date.

 JUSTIFICATION :

Suffolk County has recently approved a five-cent tax on customers that
use disposable carry out bags that is scheduled to go into effect in
2018. The State Legislature recently approved a moratorium for a

virtually identical plastic bag tax that the City of New York sought
to implement, and a similar prohibition is warranted here as well
(Chapter 7 of 2017).

This new tax established by Suffolk County would not only place an
unnecessary financial burden on the residents of Suffolk, but it also
fails to address any environmental concerns alleged in the County's
legislation. In fact, none of the five-cent fee goes toward any
environmental purpose or awareness campaign; the business keeps the
entire fee. In addition, in signing Chapter 7 of 2017 into law, the
Governor contemporaneously declared that he would be convening a
Statewide Task Force on issue of plastic bags. To that end, it would
not be prudent for Suffolk County to go forward with an unnecessary
tax on the residents of Suffolk County.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6717 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6717
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 14, 2017
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the county law, in relation to prohibiting  the  imposi-
   tion  of any tax, fee or local charge on carry out merchandise bags in
   Suffolk county

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  county law is amended by adding a new section 853 to
 read as follows:
   § 853. PROHIBITION ON THE IMPOSITION OF ANY TAX, FEE OR  LOCAL  CHARGE
 ON  CARRY  OUT  MERCHANDISE BAGS IN SUFFOLK COUNTY.  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.
   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. THE COUNTY OF SUFFOLK SHALL  NOT  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 PROHIBI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13220-01-7

 S. 6717                             2
 
 TION SHALL APPLY TO THE COUNTY OF SUFFOLK, REGARDLESS  OF  WHETHER  SUCH
 TAX, FEE OR OTHER LOCAL CHARGE IS ATTEMPTED TO BE ASSESSED OR CHARGED BY
 SUCH  COUNTY  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 THE COUNTY OF SUFFOLK 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 COLLECT-
 ING 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 THE
 COUNTY OF SUFFOLK.
   § 2. This act shall take effect immediately.

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