Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 13, 2023 |
signed chap.723 |
Dec 12, 2023 |
delivered to governor |
Jun 06, 2023 |
returned to assembly passed senate 3rd reading cal.1450 substituted for s1048a |
Jun 06, 2023 |
substituted by a2672b |
Jun 01, 2023 |
ordered to third reading cal.1450 committee discharged and committed to rules |
May 24, 2023 |
print number 1048a |
May 24, 2023 |
amend and recommit to consumer protection |
Jan 09, 2023 |
referred to consumer protection |
Senate Bill S1048A
Signed By Governor2023-2024 Legislative Session
Sponsored By
(D, WF) 56th Senate District
Current Bill Status Via A2672 - Signed by Governor
- 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
Actions
Votes
Bill Amendments
2023-S1048 - Details
2023-S1048 - Sponsor Memo
BILL NUMBER: S1048 SPONSOR: COONEY TITLE OF BILL: An act to amend the general business law, in relation to requiring sell- ers to clearly post the price of a credit card surcharge SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 518 of the General Business Law to provide that no seller in any sales transaction may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means unless such seller clearly posts the credit card price, inclusive of such surcharge, at the location where the sale occurs, and provided further that the final sales price of any such sales transaction, inclusive of surcharge, shall not amount to a price greater than the posted price for such sales transaction. JUSTIFICATION: In 2018, the New York Court of Appeals heard a challenge to section 518
2023-S1048 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1048 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sen. COONEY -- 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 clearly post the price of a credit card surcharge 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. No seller in any sales trans- action may impose a surcharge on a holder who elects to use a credit card in lieu of payment by cash, check, or similar means UNLESS SUCH SELLER CLEARLY POSTS THE CREDIT CARD PRICE, INCLUSIVE OF SUCH SURCHARGE, AT THE LOCATION WHERE THE SALE OCCURS, AND PROVIDED FURTHER THAT THE FINAL SALES PRICE OF ANY SUCH SALES TRANSACTION, INCLUSIVE OF SUCH SURCHARGE, SHALL NOT AMOUNT TO A PRICE GREATER THAN THE POSTED PRICE FOR SUCH SALES TRANSACTION. Any seller who violates the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred 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. LBD02683-01-3
2023-S1048A (ACTIVE) - Details
2023-S1048A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1048A SPONSOR: COONEY TITLE OF BILL: An act to amend the general business law, in relation to requiring sell- ers to clearly post the price of a credit card surcharge SUMMARY OF SPECIFIC PROVISIONS:: Section one amends section 518 of the General Business Law to provide that no seller in any sales transaction may impose a surcharge on a customer who elects to use a credit card in lieu of payment by cash, check, or similar means unless such seller clearly posts the credit card price, inclusive of such surcharge, at the location where the sale occurs, and provided further that the final sales price of any such sales transaction, inclusive of surcharge, shall not amount to a price greater than the posted price for such sales transaction. Nothing in this subdivision prohibits merchants from offering a two-tier pricing system. Section two establishes the effective date.
2023-S1048A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1048--A 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to requiring sell- ers to clearly post the price of a credit card surcharge 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. 1. Credit card surcharge [prohibited] NOTICE REQUIREMENT. [No] ANY seller in any sales transaction [may impose] IMPOSING a surcharge on a [holder] CUSTOMER who elects to use a credit card in lieu of payment by cash, check, or similar means SHALL CLEARLY AND CONSPICUOUSLY POST THE TOTAL PRICE FOR USING A CREDIT CARD IN SUCH TRANSACTION, INCLUSIVE OF SURCHARGE, PROVIDED HOWEVER, ANY SUCH SURCHARGE MAY NOT EXCEED THE AMOUNT OF THE SURCHARGE CHARGED TO THE BUSINESS BY THE CREDIT CARD COMPANY FOR SUCH CREDIT CARD USE. THE FINAL SALES PRICE OF ANY SUCH SALES TRANSACTION, INCLUSIVE OF SUCH SURCHARGE, SHALL NOT AMOUNT TO A PRICE GREATER THAN THE POSTED PRICE FOR SUCH SALES TRANSACTION. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT MERCHANTS FROM OFFERING A TWO-TIER PRICING SYSTEM. FOR THE PURPOSES OF THIS SECTION, "TWO-TIER PRICING SYSTEM" SHALL MEAN THE TAGGING OR POSTING OF TWO DIFFERENT PRIC- ES IN WHICH THE CREDIT CARD PRICE, INCLUSIVE OF ANY SURCHARGE, IS POSTED ALONGSIDE THE CASH PRICE. 2. Any seller who violates the provisions of this section shall be [guilty of a misdemeanor punishable by a fine] LIABLE FOR A CIVIL PENAL- TY, RECOVERABLE IN AN ACTION OR PROCEEDING BROUGHT IN A COURT OF COMPE- TENT JURISDICTION not to exceed five hundred dollars [or a term of imprisonment up to one year, or both] FOR EACH SUCH VIOLATION. THE PROVISIONS OF THIS SUBDIVISION MAY BE ENFORCED CONCURRENTLY BY THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02683-07-3
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