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Senate Bill S5135

2019-2020 Legislative Session

Relates to requiring merchants to accept cash as payment for goods

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2019-S5135 (ACTIVE) - Details

See Assembly Version of this Bill:
A771
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10686
2021-2022: S4133, A22
2023-2024: S342, A7146
2025-2026: S1684, A1935

2019-S5135 (ACTIVE) - Summary

Requires merchants to accept cash as payment for goods and services; permits the superintendent of financial services to provide exemptions based on certain criteria.

2019-S5135 (ACTIVE) - Sponsor Memo

2019-S5135 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5135
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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,  in  relation  to  requiring
   merchants to accept cash as payment for goods
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 396-aaa to read as follows:
   § 396-AAA. CASH PAYMENT NON-DISCRIMINATION. 1. ANY  RETAIL  MERCANTILE
 ESTABLISHMENT  AS  DEFINED IN ARTICLE TWELVE-B OF THIS CHAPTER, IN WHICH
 FOOD IS PREPARED, SOLD, OR SERVED SUBJECT  TO  TITLE  EIGHT  OF  ARTICLE
 THIRTEEN OF THE PUBLIC HEALTH LAW, OR OTHER ESTABLISHMENT OFFERING GOODS
 OR SERVICES FOR SALE SHALL ACCEPT UNITED STATES CURRENCY (CASH) AS LEGAL
 TENDER  WHEN  OFFERED AS PAYMENT. SUCH ESTABLISHMENT SHALL NOT DISCRIMI-
 NATE AGAINST A CASH BUYER BY REQUIRING THE USE OF A CREDIT OR DEBIT CARD
 OR ELECTRONIC PAYMENT DEVICE OR  PROCESS  IN  ORDER  TO  PURCHASE  FOOD,
 GOODS,  OR  SERVICES.  THIS  SECTION  SHALL NOT APPLY TO TELEPHONE, MAIL
 ORDER, ELECTRONIC, ONLINE, OR OTHER TRANSACTIONS IN WHICH THE  BUYER  IS
 NOT PRESENT IN THE ESTABLISHMENT'S PHYSICAL PLACE OF BUSINESS.
   2. THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES MAY MAKE
 REGULATIONS  TO  IMPLEMENT  THIS  SECTION,  INCLUDING  AUTHORIZATION  OF
 EXEMPTIONS OR EXCLUSIONS FROM THIS  SECTION.  EXEMPTIONS  OR  EXCLUSIONS
 UNDER  THIS SECTION MAY BE PROVIDED BASED ON CRITERIA INCLUDING, BUT NOT
 LIMITED TO, THE NATURE OF THE ESTABLISHMENT; THE  NATURE  OF  THE  FOOD,
 GOODS,  OR SERVICES; THE DENOMINATION OF CURRENCY USED; OR THE AMOUNT OF
 THE TRANSACTION.
   3. A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A  FINE  NOT  TO
 EXCEED FIVE HUNDRED DOLLARS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the superintendent of
 the department of financial services may make regulations and take other
 actions reasonably necessary to implement this act on that date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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