Senate Bill S7507A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7507--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   banning paper receipts for certain purchases and requiring  businesses
   to provide proof of purchases electronically
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 16 to read as follows:
                                 TITLE 16
                          PAPER RECEIPT REDUCTION
 SECTION 27-1601. DEFINITIONS.
         27-1603. PAPER RECEIPT BAN.
         27-1605. VIOLATIONS.
         27-1607. PREEMPTION OF LOCAL LAW.
 § 27-1601. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BUSINESS" MEANS A COMPANY THAT ACCEPTS PAYMENT THROUGH  CREDIT  OR
 DEBIT TRANSACTIONS. "BUSINESS" DOES NOT INCLUDE A HEALTH CARE PROVIDER.
   2.  "CONSUMER"  MEANS  A  PERSON WHO PURCHASES, AND DOES NOT OFFER FOR
 RESALE, FOOD, ALCOHOL, OTHER TANGIBLE PERSONAL PROPERTY, OR SERVICES.
   3. "ELECTRONIC FORM" INCLUDES, BUT IS NOT  LIMITED  TO,  A  FORM  SENT
 THROUGH EMAIL OR TEXT MESSAGE.
   4.  "INVOICE"  MEANS  AN  ITEMIZED  LIST OF GOODS OR SERVICES PROVIDED
 BEFORE OR AFTER THE POINT OF SALE THROUGH A CONTRACT STATING THE  AMOUNT
 DUE.
   5.  "PROOF  OF  PURCHASE" MEANS A RECEIPT FOR THE RETAIL SALE OF FOOD,
 ALCOHOL, OR OTHER TANGIBLE PERSONAL PROPERTY, OR FOR  THE  PROVISION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11707-02-5
 S. 7507--A                          2
              

 
 SERVICES,  PROVIDED  AT  THE  POINT  OF  SALE,  BUT  DOES NOT INCLUDE AN
 INVOICE.
 § 27-1603. PAPER RECEIPT BAN.
   1.  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, A PROOF OF
 PURCHASE SHALL BE PROVIDED TO A CONSUMER  BY  A  BUSINESS  ONLY  AT  THE
 CONSUMER'S  OPTION,  UNLESS A PROOF OF PURCHASE IS OTHERWISE REQUIRED TO
 BE GIVEN TO THE CONSUMER BY STATE OR FEDERAL LAW.
   2. ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  TWENTY-EIGHT,  A  PAPER
 PROOF  OF  PURCHASE  SHALL  NOT  BE  PRINTED IF THE CONSUMER OPTS TO NOT
 RECEIVE A PROOF OF PURCHASE,  UNLESS  OTHERWISE  REQUIRED  BY  STATE  OR
 FEDERAL LAW.
   3.  (A) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTY, IF A CONSUMER
 OPTS TO RECEIVE A PROOF OF PURCHASE PURSUANT TO SUBDIVISION ONE OF  THIS
 SECTION,  THE  PROOF OF PURCHASE SHALL BE PROVIDED IN ELECTRONIC FORM OR
 PAPER FORM, AT THE CONSUMER'S OPTION, UNLESS A PRESCRIBED FORM IS OTHER-
 WISE REQUIRED BY STATE OR FEDERAL LAW.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A  BUSINESS  IS
 NOT  REQUIRED  TO  PROVIDE  AN  ELECTRONIC  PROOF OF PURCHASE IF, DUE TO
 LIMITED INTERNET CONNECTIVITY, A POWER OUTAGE, OR OTHER UNEXPECTED TECH-
 NICAL DIFFICULTIES, THE BUSINESS IS INCAPABLE OF SENDING  AN  ELECTRONIC
 PROOF OF PURCHASE.
   4.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, FOR
 BUSINESSES WITH A GROSS REVENUE OF FIVE  MILLION  DOLLARS  PER  YEAR  OR
 LESS, THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
 BE EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTY, AND THE REQUIREMENTS OF
 SUBDIVISION  THREE OF THIS SECTION SHALL BE EFFECTIVE JANUARY FIRST, TWO
 THOUSAND THIRTY-TWO.
 § 27-1605. VIOLATIONS.
   1. ANY BUSINESS WHO SHALL VIOLATE ANY PROVISION OF  THIS  TITLE  SHALL
 RECEIVE  A WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A BUSINESS SHALL
 BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF TWENTY DOLLARS
 FOR EACH VIOLATION AFTER RECEIVING A WARNING, BUT SUCH  PENALTIES  SHALL
 NOT  TO  EXCEED THREE HUNDRED DOLLARS ANNUALLY. A HEARING OR OPPORTUNITY
 TO BE HEARD SHALL BE PROVIDED PRIOR  TO  THE  ASSESSMENT  OF  ANY  CIVIL
 PENALTY.
   2.  THE  DEPARTMENT  AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
 ENFORCE THE PROVISIONS OF THIS TITLE.
 § 27-1607. PREEMPTION OF LOCAL LAW.
   JURISDICTION IN ALL MATTERS PERTAINING  TO  PAPER  PROOF  OF  PURCHASE
 RESTRICTIONS  AS  DEFINED  IN  THIS  TITLE  IS VESTED EXCLUSIVELY IN THE
 STATE.
   § 2. This act shall take effect immediately.