Bill Text: NY S06090 | 2019-2020 | General Assembly | Introduced


Bill Title: Bans paper receipts for certain purchases and requires businesses to provide proof of purchase electronically, unless a proof of purchase is otherwise required by state or federal law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06090 Detail]

Download: New_York-2019-S06090-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6090

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation

        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:

     1    Section 1. Article 27 of the environmental conservation law is amended
     2  by adding a new title 20 to read as follows:
     3                                  TITLE 20
     4                           PAPER RECEIPT REDUCTION
     5  Section 27-2001. Definitions.
     6          27-2003. Paper receipt ban.
     7          27-2005. Violations.
     8          27-2007. Preemption of local law.
     9  § 27-2001. Definitions.
    10    As used in this title:
    11    1.  "Business"  means a company that accepts payment through credit or
    12  debit transactions. "Business" does not include a health care provider.
    13    2. "Consumer" means a person who purchases, and  does  not  offer  for
    14  resale, food, alcohol, other tangible personal property, or services.
    15    3.  "Electronic  form"  includes,  but  is not limited to, a form sent
    16  through email or text message.
    17    4. "Invoice" means an itemized list  of  goods  or  services  provided
    18  before  or after the point of sale through a contract stating the amount
    19  due.
    20    5. "Proof of purchase" means a receipt for the retail  sale  of  food,
    21  alcohol,  or  other  tangible personal property, or for the provision of
    22  services, provided at the  point  of  sale,  but  does  not  include  an
    23  invoice.
    24  § 27-2003. Paper receipt ban.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11829-01-9

        S. 6090                             2

     1    1.  On  and  after  January first, two thousand twenty-two, a proof of
     2  purchase shall be provided to a consumer  by  a  business  only  at  the
     3  consumer's  option,  unless a proof of purchase is otherwise required to
     4  be given to the consumer by state or federal law.
     5    2.  On and after January first, two thousand twenty-two, a paper proof
     6  of purchase shall not be printed if the consumer opts to not  receive  a
     7  proof of purchase, unless otherwise required by state or federal law.
     8    3.  (a)  On  and  after  January first, two thousand twenty-four, if a
     9  consumer opts to receive a proof of purchase pursuant to subdivision one
    10  of this section, the proof of purchase shall be provided  in  electronic
    11  form  or  paper form, at the consumer's option, unless a prescribed form
    12  is otherwise required by state or federal law.
    13    (b) Notwithstanding paragraph (a) of this subdivision, a  business  is
    14  not  required  to  provide  an  electronic  proof of purchase if, due to
    15  limited internet connectivity, a power outage, or other unexpected tech-
    16  nical difficulties, the business is incapable of sending  an  electronic
    17  proof of purchase.
    18  § 27-2005. Violations.
    19    1.  Any  business  who shall violate any provision of this title shall
    20  receive a warning notice for the first such violation. A business  shall
    21  be liable to the state of New York for a civil penalty of twenty dollars
    22  for  each  violation after receiving a warning, but such penalties shall
    23  not to exceed three hundred dollars annually. A hearing  or  opportunity
    24  to  be  heard  shall  be  provided  prior to the assessment of any civil
    25  penalty.
    26    2. The department and the attorney general are  hereby  authorized  to
    27  enforce the provisions of this title.
    28  § 27-2007. Preemption of local law.
    29    Jurisdiction  in  all  matters  pertaining  to paper proof of purchase
    30  restrictions is vested exclusively in the state.
    31    § 2. This act shall take effect immediately.
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