S07336 Summary:

BILL NOS07336
 
SAME ASSAME AS A09904
 
SPONSORFELDER
 
COSPNSRLANZA, GOLDEN, AVELLA, DIAZ, HASSELL-THOMPSON, PERSAUD, SAVINO, STAVISKY
 
MLTSPNSR
 
Add §13-d, Gen City L
 
Establishes a prohibition on the imposition of any tax, fee or local charge on carry out merchandise bags.
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S07336 Actions:

BILL NOS07336
 
04/15/2016REFERRED TO CITIES
05/04/20161ST REPORT CAL.705
05/05/20162ND REPORT CAL.
05/09/2016ADVANCED TO THIRD READING
06/07/2016PASSED SENATE
06/07/2016DELIVERED TO ASSEMBLY
06/07/2016referred to ways and means
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S07336 Committee Votes:

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S07336 Floor Votes:

There are no votes for this bill in this legislative session.
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S07336 Memo:

Memo not available
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S07336 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7336
 
                    IN SENATE
 
                                     April 15, 2016
                                       ___________
 
        Introduced  by  Sens.  FELDER,  LANZA,  GOLDEN -- 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
 
          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  carryout  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, including any city with a population
    23  of  one  million  or  more, shall impose any tax, fee or any other local
    24  charge on any carry out merchandise bag as defined  in  paragraph  a  of
    25  subdivision  one  of  this  section. This prohibition shall apply to all
    26  cities, including any city with a population of  one  million  or  more,
    27  regardless  of  whether such tax, fee or other local charge is attempted
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15036-02-6

        S. 7336                             2
 
     1  to be assessed or charged by the city indirectly against the  wholesaler
     2  providing  any  carry  out merchandise bag to the retail store, or indi-
     3  rectly against the retail store providing any carry out merchandise  bag
     4  to  the  customer,  or directly against the customer receiving the carry
     5  out merchandise bag from the retail store.
     6    3. Prohibition on the collection of a tax, fee or local charge on  any
     7  carry  out  merchandise  bag.  No  wholesaler may collect any additional
     8  charge, tax or any other fee upon a retail store for  the  provision  of
     9  any  carry out merchandise bag, other than the original cost of such bag
    10  as agreed between the wholesaler and the retail store for  the  purchase
    11  of  such bag.  Additionally, no retail store may collect any charge, tax
    12  or any other fee upon a customer in return  for  the  provision  of  any
    13  carry out merchandise bag.
    14    § 2. The act shall take effect immediately.
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