Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022
referred to consumer protection
|Jan 11, 2021
referred to consumer protection
Senate Bill S1394
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S1394 (ACTIVE) - Details
2021-S1394 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1394 Revised 1/25/2021 SPONSOR: BROOKS TITLE OF BILL: An act to amend the general business law, in relation to requiring sell- ers to conspicuously post any credit card surcharges PURPOSE: To require sellers to conspicuously post the prices of any difference caused by credit card surcharges. SUMMARY OF PROVISIONS: Section 1. amends section 518 of the general business law by requiring sellers to conspicuously post the regular price. Defines the terms discount, surcharge, and regular price. Increases the fine of violating the prohibition on surcharges from $500 to $1,000. Section 2. is the enacting clause.
2021-S1394 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1394 2021-2022 Regular Sessions I N S E N A T E January 11, 2021 ___________ Introduced by Sen. BROOKS -- 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 sell- ers to conspicuously post any credit card surcharges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 518 of the general business law, as added by chap- ter 160 of the laws of 1984, is amended to read as follows: § 518. Credit card surcharge prohibited. 1. No seller in any sales transaction may impose a surcharge on a holder who elects to use a cred- it card in lieu of payment by cash, check, or similar means. THE REGULAR PRICE OF ANY PRODUCT SHALL BE CONSPICUOUSLY POSTED. 2. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "DISCOUNT" SHALL MEAN A REDUCTION MADE FROM THE REGULAR PRICE. (B) "SURCHARGE" SHALL MEAN ANY MEANS OF INCREASING THE REGULAR PRICE TO A CARDHOLDER WHICH IS NOT IMPOSED UPON CUSTOMERS PAYING BY CASH, CHECK, OR SIMILAR MEANS. (C) "REGULAR PRICE" SHALL MEAN THE TAG OR POSTED PRICE CHARGED FOR THE PROPERTY OR SERVICE IF A SINGLE PRICE IS TAGGED OR POSTED, OR THE PRICE CHARGED FOR THE PROPERTY OR SERVICE WHEN PAYMENT IS MADE BY USE OF A CREDIT CARD IF EITHER: (I) NO PRICE IS TAGGED OR POSTED; OR (II) TWO TAGS OR PRICES ARE POSTED, ONE OF WHICH IS CHARGED WHEN PAYMENT IS MADE BY USE OF A CREDIT CARD AND THE OTHER WHEN PAYMENT IS MADE BY USE OF CASH, CHECK, OR SIMILAR MEANS. 3. Any seller who violates the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed [five hundred] ONE THOUSAND dollars or a term of imprisonment up to one year, or both. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03598-01-1
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