Bill Text: NY S00362 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags in cities having a population of one million or more.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CITIES [S00362 Detail]

Download: New_York-2017-S00362-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           362
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities
        AN ACT to amend the general city law, in  relation  to  prohibiting  the
          imposition  of  any  tax, fee or local charge on carry out merchandise
          bags in certain cities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  general  city law is amended by adding a new section
     2  13-d to read as follows:
     3    § 13-d. Prohibition on the imposition of any tax, fee or local  charge
     4  on  carry  out  merchandise bags.   1. Definitions. For purposes of this
     5  section the following terms shall have the following meanings:
     6    a. "Carry out merchandise bag" shall mean any plastic, paper or  other
     7  bag  or carrying container, provided by a retail store, to a customer of
     8  that store, for the purpose of carrying and/or transporting  merchandise
     9  lawfully  obtained  at  such  store.  A  carry out merchandise bag shall
    10  include any plastic carryout bag  as  defined  by  subdivision  four  of
    11  section 27-2701 of the environmental conservation law, as added by chap-
    12  ter six hundred forty-one of the laws of two thousand eight.
    13    b.  "Retail  store"  shall mean any business establishment, including,
    14  but not limited to, a grocery store, convenience store,  dairy  products
    15  store,  produce  market,  department  store,  general merchandise store,
    16  clothing store, hardware store, pharmacy, drug store, hotel, restaurant,
    17  soda fountain, gasoline station, or any other similar mercantile  estab-
    18  lishment  offering goods and/or services at retail to individual consum-
    19  ers, and/or any other establishment which in the regular course of busi-
    20  ness sells or rents goods or services directly to the public.
    21    2. Prohibition on the imposition of a tax, fee or local charge on  any
    22  carry  out  merchandise bag. No city with a population of one million or
    23  more shall impose any tax, fee or any other local charge  on  any  carry
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06793-01-7
        S. 362                              2
     1  out merchandise bag as defined in paragraph a of subdivision one of this
     2  section.  This  prohibition shall apply to any city with a population of
     3  one million or more, regardless of whether such tax, fee or other  local
     4  charge  is  attempted  to  be assessed or charged by the city indirectly
     5  against the wholesaler providing any carry out merchandise  bag  to  the
     6  retail store, or indirectly against the retail store providing any carry
     7  out  merchandise  bag  to the customer, or directly against the customer
     8  receiving the carry out merchandise bag from the retail store.
     9    3. Prohibition on the collection of a tax, fee or local charge on  any
    10  carry  out  merchandise  bag.  No wholesaler or retailer may collect any
    11  charge, tax or any other fee that has been assessed or  directed  to  be
    12  imposed  upon  customers  by  a city with a population of one million or
    13  more for the provision of any carry out merchandise bag. Nothing in this
    14  subdivision shall be deemed to prevent a wholesaler  from  collecting  a
    15  charge  from  a retailer for the sale of a carry out merchandise bag, or
    16  prevent a retailer from collecting a charge from a customer for a  carry
    17  out  merchandise  bag, if such charge was not assessed or directed to be
    18  imposed upon customers by a city with a population  of  one  million  or
    19  more.
    20    § 2. This act shall take effect immediately.