S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6324
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 2, 2009
                                      ___________
       Introduced  by  M.  of  A. TOWNS, ERRIGO, ALFANO, RAIA, COLTON -- Multi-
         Sponsored by -- M. of A.  BRENNAN, ESPAILLAT, FARRELL,  GORDON,  JOHN,
         PEOPLES, PHEFFER, WALKER -- read once and referred to the Committee on
         Consumer Affairs and Protection
       AN  ACT to amend the general business law, in relation to unlawful debit
         card surcharges by certain retailers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  395-c to read as follows:
    3    S  395-C.  UNLAWFUL DEBIT CARD SURCHARGES. 1. AS USED IN THIS SECTION,
    4  THE TERM "RETAILER" SHALL MEAN THE OWNER OR OWNERS, OR AGENT OR EMPLOYEE
    5  THEREOF, OF ANY RETAIL FOOD STORE OR ANY ESTABLISHMENT  ENGAGED  IN  THE
    6  RETAIL SALE OF GROCERY PRODUCTS, INCLUDING FOOD, FOOD PRODUCTS, BEVERAG-
    7  ES, PREPACKAGED FOODS AND NON-FOOD PRODUCTS SUCH AS PAPER PRODUCTS, SOAP
    8  AND DETERGENT.
    9    2.  NO  RETAILER  IN  ANY  SALES  TRANSACTION SHALL IMPOSE ANY SERVICE
   10  CHARGE OR ANY OTHER FORM OF SURCHARGE TO A PERSON WHO ELECTS  TO  USE  A
   11  DEBIT  CARD  OR  OTHER  BANKING OR PURCHASING CARD IN LIEU OF PAYMENT BY
   12  CASH, CHECK OR SIMILAR MEANS.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08650-01-9