NY State Senate Bill 2023-S364

Current Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Jan 04, 2023	referred to consumer protection

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2023-S364 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 45 §§1500 - 1504, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8391

2023-S364 (ACTIVE) - Summary

Requires certain high-volume third-party sellers in the online marketplace to provide certain information to the online marketplace; requires verification of such information and technical safeguards for use of such data; requires notifications; preempts local laws.

2023-S364 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S364

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to high-volume
third-party sellers

 
PURPOSE OR GENERAL IDEA OF BILL:

To require online marketplaces to collect and verify high-volume third-
party seller information.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new Article 45
titled, "high-volume third party sellers."

Section 1500 of the new article 45 provides definitions of relevant
terms used in the article.

Section 1501 of the new article 45 requires an online marketplace

collect a bank account number, contact information, and a business tax
identification number from each high-volume third-party. The online
marketplace must verify the information provided and implement reason-
able security to protect the data collected.

Section 1502 of the new article 45 requires high-volume third-party
sellers with at least $20,000 of gross annual revenues disclose informa-
tion in a clear and conspicuous manner. Information includes the sell-
er's full name, physical address, and contact information.  The online
marketplace must also disclose to consumers a mechanism for reporting
suspicious activity of high-volume third-party sellers.  The online
marketplace also has the power to suspend future sales activity of high-
volume third-party sellers who are not in compliance with the require-
ments of this article.

Section 1503 of the new article 45 outlines enforcement. A person or
entity who violates any provision of this article shall face a civil
penalty not to exceed $10,000 for each violation brought in the name of
the people by the attorney general.

Section 1504 of the new article 45 states this article shall supersede
all other rules, regulations, codes, ordinances, and other laws adopted
by city, county, municipality, or local agency regarding online market-
places requirements in relation to verification of information from
high-volume third-party sellers.

Section two states the effective date.

 
JUSTIFICATION:

This bill would require online marketplaces to collect and verify high-
volume third-party seller information, and require sellers to provide
information to consumers.

Online marketplaces have grown in popularity over the years, and those
companies should be held to the same standard as the brick-and-mortar
stores serving our communities. Basic transparency and verification
requirements for high-volume third-party sellers, many of which are
anonymous or based overseas, is necessary to ensure consumers are
purchasing from a legitimate company, rather than an entity established
to deceive online shoppers.

This bill ensures that high-volume third-party sellers provide informa-
tion to the online marketplace to guard against counterfeit, fraudulent,
or stolen goods being sold to unsuspecting consumers. In a report
prepared by the Department of Homeland Security's Office of Strategy,
Policy, and Plans, it is stated that these trafficked goods "threaten
public health and safety, as well as national security."i

While certain online marketplaces collect information from high-volume
third-party sellers, it is not required by New York State law.  Similar
bills have been introduced at the federal level and in 22 states across
the U.S.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.8391 (Thomas) / A.10096 (Dinowitz) - Passed Senate.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on July 1, 2023.
'DHS (Department of Homeland Security). (2020 January 24) Combating
Trafficking in Counterfeit and Pirated Goods. Office of Strategy, Policy
& Plans. Page 3 of 54

2023-S364 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    364
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. THOMAS, COMRIE, GIANARIS, HARCKHAM, HOYLMAN, KRUEG-
   ER, MYRIE -- 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 high-volume
   third-party sellers

   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 article
 45 to read as follows:
                                ARTICLE 45
                      HIGH-VOLUME THIRD-PARTY SELLERS
 SECTION 1500. DEFINITIONS.
         1501. COLLECTION AND VERIFICATION OF INFORMATION.
         1502. DISCLOSURES REQUIRED.
         1503. ENFORCEMENT.
         1504. PREEMPTION.
   §  1500. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE: 1. "CONSUMER PROD-
 UCT" MEANS TANGIBLE PERSONAL PROPERTY THAT IS  DISTRIBUTED  IN  COMMERCE
 AND NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, INCLUDING
 PROPERTY  INTENDED  TO  BE  ATTACHED  TO  OR  INSTALLED IN REAL PROPERTY
 REGARDLESS OF WHETHER IT IS ACTUALLY ATTACHED OR INSTALLED.
   2. "HIGH-VOLUME THIRD-PARTY SELLER" MEANS A PARTICIPANT IN  AN  ONLINE
 MARKETPLACE  WHO  IS  A  THIRD-PARTY  SELLER  AND WHO, IN ANY CONTINUOUS
 TWELVE-MONTH PERIOD DURING THE PREVIOUS TWENTY-FOUR MONTHS, HAS  ENTERED
 INTO TWO HUNDRED OR MORE DISCRETE SALES TO, OR TRANSACTIONS WITH, BUYERS
 LOCATED IN NEW YORK FOR NEW OR UNUSED CONSUMER PRODUCTS RESULTING IN THE
 ACCUMULATION  OF AN AGGREGATE TOTAL OF FIVE THOUSAND DOLLARS ($5,000) OR
 MORE IN GROSS REVENUES.  FOR PURPOSES OF THIS SUBDIVISION, THE NUMBER OF
 DISCRETE SALES OR TRANSACTIONS INCLUDES ONLY THOSE SALES OR TRANSACTIONS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01433-01-3

 S. 364                              2
 
 MADE THROUGH THE ONLINE MARKETPLACE AND FOR WHICH PAYMENT  IS  PROCESSED
 BY THE ONLINE MARKETPLACE DIRECTLY OR THROUGH ITS PAYMENT PROCESSOR.
   3.  "ONLINE  MARKETPLACE"  MEANS  A  PERSON  OR ENTITY THAT OPERATES A
 CONSUMER-DIRECTED, ELECTRONICALLY ACCESSED PLATFORM IN A MANNER IN WHICH
 ALL OF THE FOLLOWING ARE TRUE:
   (A) THE PLATFORM INCLUDES FEATURES  THAT  ALLOW  FOR,  FACILITATE,  OR
 ENABLE  THIRD-PARTY  SELLERS  TO  ENGAGE IN THE SALE, PURCHASE, PAYMENT,
 STORAGE, SHIPPING, OR DELIVERY OF A CONSUMER PRODUCT IN THIS STATE;
   (B) THE FEATURES SET FORTH IN PARAGRAPH (A) OF  THIS  SUBDIVISION  ARE
 USED BY THIRD-PARTY SELLERS; AND
   (C)  THE  PERSON  OR  ENTITY HAS A CONTRACTUAL OR SIMILAR RELATIONSHIP
 WITH CONSUMERS GOVERNING THEIR USE OF THE PLATFORM TO PURCHASE  CONSUMER
 PRODUCTS.
   4.  "SELLER"  MEANS  A  PERSON OR ENTITY WHO SELLS, OFFERS TO SELL, OR
 CONTRACTS TO SELL A CONSUMER PRODUCT  THROUGH  AN  ONLINE  MARKETPLACE'S
 PLATFORM.
   5.  (A)  "THIRD-PARTY SELLER" MEANS A SELLER, INDEPENDENT OF AN ONLINE
 MARKETPLACE, WHO SELLS, OFFERS TO SELL, OR CONTRACTS TO SELL A  CONSUMER
 PRODUCT IN THIS STATE THROUGH AN ONLINE MARKETPLACE'S PLATFORM.
   (B)  "THIRD-PARTY  SELLER" DOES NOT MEAN A SELLER THAT MEETS EITHER OF
 THE FOLLOWING CRITERIA:
   (I) THE SELLER IS A BUSINESS ENTITY THAT MEETS ALL  OF  THE  FOLLOWING
 CRITERIA:
   (A)  THE  SELLER HAS MADE AVAILABLE TO THE GENERAL PUBLIC THE ENTITY'S
 NAME, BUSINESS ADDRESS, AND WORKING CONTACT INFORMATION;
   (B) THE SELLER HAS AN ONGOING CONTRACTUAL RELATIONSHIP WITH THE  OWNER
 OF  THE ONLINE MARKETPLACE TO PROVIDE FOR THE MANUFACTURE, DISTRIBUTION,
 WHOLESALING, OR FULFILLMENT OF SHIPMENTS OF CONSUMER PRODUCTS; AND
   (C) THE SELLER HAS PROVIDED  TO  THE  ONLINE  MARKETPLACE  IDENTIFYING
 INFORMATION THAT HAS BEEN VERIFIED; OR
   (II) THE SELLER OPERATES THE ONLINE MARKETPLACE'S PLATFORM.
   6. "VERIFY" MEANS TO CONFIRM INFORMATION PROVIDED TO AN ONLINE MARKET-
 PLACE PURSUANT TO THIS ARTICLE, INCLUDING THE USE OF ONE OR MORE METHODS
 THAT  ENABLE  THE ONLINE MARKETPLACE TO RELIABLY DETERMINE THAT INFORMA-
 TION AND DOCUMENTS PROVIDED ARE VALID, CORRESPONDING TO THE SELLER OR AN
 INDIVIDUAL ACTING ON THE SELLER'S BEHALF, NOT MISAPPROPRIATED,  AND  NOT
 FALSIFIED.
   §  1501.  COLLECTION  AND  VERIFICATION  OF  INFORMATION. 1. AN ONLINE
 MARKETPLACE SHALL REQUIRE A HIGH-VOLUME THIRD-PARTY SELLER ON THE ONLINE
 MARKETPLACE'S PLATFORM TO PROVIDE, NOT LATER THAN TEN DAYS AFTER  QUALI-
 FYING  AS  A  HIGH-VOLUME THIRD-PARTY SELLER ON THE PLATFORM, ALL OF THE
 FOLLOWING INFORMATION TO THE ONLINE MARKETPLACE:
   (A) A BANK ACCOUNT NUMBER, OR, IF THE SELLER  DOES  NOT  HAVE  A  BANK
 ACCOUNT, THE NAME OF THE PAYEE FOR PAYMENTS ISSUED BY THE ONLINE MARKET-
 PLACE  TO  THE SELLER.  THE INFORMATION REQUIRED BY THIS PARAGRAPH SHALL
 BE PROVIDED BY EITHER OF THE FOLLOWING METHODS:
   (I) TO THE ONLINE MARKETPLACE; OR
   (II) TO A PAYMENT PROCESSOR OR OTHER THIRD  PARTY  CONTRACTED  BY  THE
 ONLINE  MARKETPLACE  TO  MAINTAIN  THE  INFORMATION  ONLY  IF THE ONLINE
 MARKETPLACE ENSURES THAT IT CAN OBTAIN THE INFORMATION  ON  DEMAND  FROM
 THAT PAYMENT PROCESSOR OR OTHER THIRD PARTY.
   (B) ALL OF THE FOLLOWING CONTACT INFORMATION, AS APPLICABLE:
   (I)  IF THE HIGH-VOLUME THIRD-PARTY SELLER IS AN INDIVIDUAL, THE SELL-
 ER'S NAME;
   (II) IF THE HIGH-VOLUME THIRD-PARTY SELLER IS NOT AN  INDIVIDUAL,  ONE
 OF THE FOLLOWING:
 S. 364                              3
 
   (A) A COPY OF A VALID GOVERNMENT-ISSUED IDENTIFICATION FOR AN INDIVID-
 UAL  ACTING ON BEHALF OF THE SELLER THAT INCLUDES THE INDIVIDUAL'S NAME;
 OR
   (B)  A COPY OF A VALID GOVERNMENT RECORD OR TAX DOCUMENT THAT INCLUDES
 THE BUSINESS NAME AND PHYSICAL ADDRESS OF THE SELLER;
   (C) A BUSINESS TAX IDENTIFICATION NUMBER, OR, IF THE SELLER  DOES  NOT
 HAVE  A  BUSINESS  TAX  IDENTIFICATION NUMBER, A TAXPAYER IDENTIFICATION
 NUMBER; AND
   (D) A VALID EMAIL ADDRESS AND TELEPHONE NUMBER FOR THE SELLER.
   2. AN ONLINE MARKETPLACE SHALL VERIFY THE INFORMATION PROVIDED  PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION WITHIN TEN DAYS AND SHALL VERIFY,
 WITHIN  TEN DAYS, ANY CHANGES TO THE INFORMATION THAT IS PROVIDED TO THE
 MARKETPLACE BY A HIGH-VOLUME THIRD-PARTY SELLER. IF A HIGH-VOLUME THIRD-
 PARTY SELLER PROVIDES A COPY OF A VALID GOVERNMENT-ISSUED TAX  DOCUMENT,
 INFORMATION  CONTAINED  WITHIN  THE TAX DOCUMENT SHALL BE PRESUMED TO BE
 VERIFIED AS OF THE DATE OF ISSUANCE OF THE RECORD OR DOCUMENT.
   3. AN ONLINE MARKETPLACE SHALL IMPLEMENT AND MAINTAIN REASONABLE SECU-
 RITY PROCEDURES AND PRACTICES, INCLUDING ADMINISTRATIVE,  PHYSICAL,  AND
 TECHNICAL  SAFEGUARDS,  APPROPRIATE  TO  THE  NATURE OF THE DATA AND THE
 PURPOSES FOR WHICH THE DATA WILL BE USED, TO PROTECT THE DATA  COLLECTED
 TO  COMPLY  WITH THE REQUIREMENTS OF THIS ARTICLE FROM UNAUTHORIZED USE,
 DISCLOSURE, ACCESS, DESTRUCTION, OR MODIFICATION. THE ONLINE MARKETPLACE
 SHALL KEEP THE INFORMATION PROVIDED IN SUBDIVISION ONE OF  THIS  SECTION
 ON A SECURED SERVER FOR A PERIOD OF NO LESS THAN FIVE YEARS.
   4.  (A)  THE  ONLINE  MARKETPLACE  SHALL, ON AT LEAST AN ANNUAL BASIS,
 NOTIFY EACH HIGH-VOLUME THIRD-PARTY SELLER ON THE  ONLINE  MARKETPLACE'S
 PLATFORM  OF  THE  REQUIREMENT THAT THE SELLER INFORM THE ONLINE MARKET-
 PLACE OF ANY CHANGES TO THE INFORMATION PROVIDED BY THE SELLER  PURSUANT
 TO  SUBDIVISION  ONE  OF  THIS  SECTION WITHIN TEN DAYS OF RECEIVING THE
 NOTIFICATION AND SHALL INSTRUCT EACH HIGH-VOLUME THIRD-PARTY SELLER,  AS
 PART  OF  THE  NOTIFICATION,  TO  ELECTRONICALLY CERTIFY EITHER THAT THE
 SELLER'S INFORMATION IS UNCHANGED OR THAT THE SELLER IS PROVIDING CHANG-
 ES TO THE INFORMATION.
   (B) IF A HIGH-VOLUME THIRD-PARTY SELLER DOES NOT PROVIDE THE  INFORMA-
 TION  OR  CERTIFICATION  REQUIRED UNDER THIS SECTION, THE ONLINE MARKET-
 PLACE SHALL, AFTER PROVIDING  THE  SELLER  WITH  WRITTEN  OR  ELECTRONIC
 NOTICE  AND  OPPORTUNITY TO PROVIDE THE INFORMATION OR CERTIFICATION NOT
 LATER THAN TEN DAYS AFTER THE ISSUANCE OF THE NOTICE, SUSPEND ANY FUTURE
 SALES ACTIVITY OF THE SELLER UNTIL THE SELLER PROVIDES  THE  INFORMATION
 OR CERTIFICATION.
   5.  DATA  COLLECTED  SOLELY  TO  COMPLY  WITH THE REQUIREMENTS OF THIS
 SECTION SHALL NOT BE USED FOR ANY  OTHER  PURPOSE  UNLESS  THAT  USE  IS
 REQUIRED BY LAW.
   § 1502. DISCLOSURES REQUIRED. 1. AN ONLINE MARKETPLACE SHALL REQUIRE A
 HIGH-VOLUME  THIRD-PARTY  SELLER  WITH  AT LEAST TWENTY THOUSAND DOLLARS
 ($20,000) OF GROSS ANNUAL REVENUES FROM SALES TO, OR TRANSACTIONS  WITH,
 BUYERS  IN  NEW  YORK  DERIVED FROM THE ONLINE MARKETPLACE'S PLATFORM IN
 EITHER OF THE TWO PRIOR CALENDAR YEARS TO PROVIDE THE FOLLOWING INFORMA-
 TION TO THE ONLINE  MARKETPLACE  AND  TO  DISCLOSE  THE  INFORMATION  TO
 CONSUMERS  IN  A  CLEAR AND CONSPICUOUS MANNER IN THE ORDER CONFIRMATION
 MESSAGE, OR OTHER COMMUNICATION MADE TO A CONSUMER AFTER A  PURCHASE  IS
 FINALIZED, AND IN THE CONSUMER'S ACCOUNT TRANSACTION HISTORY:
   (A) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, ALL
 OF THE FOLLOWING IDENTIFYING INFORMATION:
 S. 364                              4
 
   (1)  THE  FULL NAME OF THE SELLER, WHICH MAY INCLUDE THE SELLER'S NAME
 OR COMPANY NAME, OR THE NAME BY WHICH THE SELLER OR COMPANY OPERATES  ON
 THE ONLINE MARKETPLACE;
   (2) THE SELLER'S PHYSICAL ADDRESS; AND
   (3)  CONTACT  INFORMATION  FOR  THE  SELLER  TO  ALLOW FOR THE DIRECT,
 UNHINDERED COMMUNICATION WITH HIGH-VOLUME THIRD-PARTY SELLERS  BY  USERS
 OF THE ONLINE MARKETPLACE, INCLUDING A CURRENT WORKING TELEPHONE NUMBER,
 EMAIL ADDRESS, OR ANY OTHER MEANS OF DIRECT ELECTRONIC MESSAGING.
   (II)  (1) SUBJECT TO CLAUSE TWO OF THIS SUBPARAGRAPH, UPON THE REQUEST
 OF A HIGH-VOLUME THIRD-PARTY SELLER, AN ONLINE MARKETPLACE  MAY  PROVIDE
 ONLY  PARTIAL  DISCLOSURE OF THE INFORMATION DESCRIBED IN THIS PARAGRAPH
 AS FOLLOWS:
   (A) IF THE HIGH-VOLUME THIRD-PARTY  SELLER  CERTIFIES  TO  THE  ONLINE
 MARKETPLACE  THAT THE SELLER DOES NOT HAVE A PHYSICAL ADDRESS OTHER THAN
 A RESIDENTIAL PHYSICAL ADDRESS, THE ONLINE MARKETPLACE MAY DISCLOSE ONLY
 THE COUNTRY AND STATE, IF APPLICABLE, IN WHICH THE  SELLER  RESIDES  AND
 INFORM  CONSUMERS  THAT  INQUIRIES  SHOULD BE SUBMITTED TO THE SELLER BY
 TELEPHONE, EMAIL, OR ELECTRONIC MEANS PROVIDED  BY  THE  ONLINE  MARKET-
 PLACE; OR
   (B)  IF  THE  HIGH-VOLUME  THIRD-PARTY  SELLER CERTIFIES TO THE ONLINE
 MARKETPLACE THAT THE SELLER DOES NOT HAVE A TELEPHONE NUMBER OTHER  THAN
 A PERSONAL TELEPHONE NUMBER, THE ONLINE MARKETPLACE SHALL INFORM CONSUM-
 ERS  THAT  THERE IS NOT A TELEPHONE NUMBER AVAILABLE FOR THE SELLER, AND
 INQUIRIES SHOULD BE SUBMITTED TO THE SELLER'S EMAIL ADDRESS OR ELECTRON-
 IC MEANS PROVIDED BY THE ONLINE MARKETPLACE.
   (2) AN ONLINE MARKETPLACE SHALL, AFTER PROVIDING THE SELLER NOTICE AND
 AT LEAST TEN DAYS TO RESPOND, SUSPEND  FUTURE  SALES  ACTIVITY  OF  THAT
 SELLER  UNLESS  THE SELLER CONSENTS TO THE DISCLOSURE OF ALL INFORMATION
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IF EITHER OF THE  FOLLOW-
 ING IS TRUE:
   (A)  A  HIGH-VOLUME THIRD-PARTY SELLER HAS MADE A FALSE REPRESENTATION
 TO THE ONLINE MARKETPLACE IN ORDER TO JUSTIFY PARTIAL DISCLOSURE  PURSU-
 ANT TO THIS SUBPARAGRAPH;
   (B)  A  SELLER  THAT  HAS  RECEIVED A PROVISION FOR PARTIAL DISCLOSURE
 PURSUANT TO THIS SUBPARAGRAPH HAS NOT ANSWERED CONSUMER INQUIRIES WITHIN
 A REASONABLE TIMEFRAME.
   (B)(I) WHETHER OR  NOT  THE  HIGH-VOLUME  THIRD-PARTY  SELLER  USED  A
 DIFFERENT SELLER TO SUPPLY THE PRODUCT TO THE CONSUMER UPON PURCHASE.
   (II)  IF  REQUESTED  BY  AN  AUTHENTICATED  PURCHASER, THE INFORMATION
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION  THAT  IS  RELATED  TO  A
 SELLER  DESCRIBED  BY SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION IF THAT SELLER IS NOT THE SELLER  ON  THE  PRODUCT  LISTING  BEFORE
 PURCHASE.
   2.  AN  ONLINE MARKETPLACE SHALL DISCLOSE TO CONSUMERS, IN A CLEAR AND
 CONSPICUOUS MANNER ON THE PRODUCT LISTING OF A  HIGH-VOLUME  THIRD-PARTY
 SELLER,  A REPORTING MECHANISM THAT ALLOWS FOR ELECTRONIC AND TELEPHONIC
 REPORTING OF SUSPICIOUS ACTIVITY BY THE HIGH-VOLUME  THIRD-PARTY  SELLER
 TO THE ONLINE MARKETPLACE.
   3.  AN  ONLINE  MARKETPLACE  SHALL  SUSPEND FUTURE SALES ACTIVITY OF A
 HIGH-VOLUME THIRD-PARTY SELLER  THAT  IS  NOT  IN  COMPLIANCE  WITH  THE
 REQUIREMENTS OF THIS ARTICLE. AN ONLINE MARKETPLACE SHALL PROVIDE NOTICE
 OF  AN  IMPENDING  SUSPENSION  PURSUANT  TO  THIS  SECTION AND SHALL NOT
 SUSPEND THE SELLER IF THE SELLER BECOMES IN COMPLIANCE WITH THIS SECTION
 ON OR BEFORE TEN DAYS AFTER THE NOTICE WAS ISSUED.
   § 1503. ENFORCEMENT. A PERSON OR ENTITY WHO VIOLATES ANY PROVISION  OF
 THIS ARTICLE SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN THOU-
 S. 364                              5
 
 SAND  DOLLARS  ($10,000)  FOR  EACH VIOLATION, WHICH MAY BE ASSESSED AND
 RECOVERED ONLY IN A CIVIL ACTION BROUGHT IN THE NAME OF  THE  PEOPLE  BY
 THE ATTORNEY GENERAL.
   §  1504.  PREEMPTION.  THIS  ARTICLE  SHALL  SUPERSEDE AND PREEMPT ALL
 RULES, REGULATIONS, CODES, ORDINANCES, AND OTHER  LAWS  ADOPTED  BY  ANY
 CITY,  COUNTY,  MUNICIPALITY,  OR  LOCAL AGENCY REGARDING ONLINE MARKET-
 PLACES REQUIREMENTS IN RELATION  TO  VERIFICATION  OF  INFORMATION  FROM
 HIGH-VOLUME THIRD-PARTY SELLERS.
   § 2. This act shall take effect July 1, 2024.

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Senate Bill S364

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2023-S364 (ACTIVE) - Details

2023-S364 (ACTIVE) - Summary

2023-S364 (ACTIVE) - Sponsor Memo

2023-S364 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S364

Share this bill

Sponsored By

Kevin Thomas

Current Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

Leroy Comrie

Michael Gianaris

Pete Harckham

Brad Hoylman-Sigal

2023-S364 (ACTIVE) - Details

2023-S364 (ACTIVE) - Summary

2023-S364 (ACTIVE) - Sponsor Memo

2023-S364 (ACTIVE) - Bill Text download pdf

Comments