Assembly Bill A7420B

2013-2014 Legislative Session

Prohibits the use of automated sales suppression devices, zappers or phantom-ware

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-A7420 - Details

See Senate Version of this Bill:
S3612
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Add §1816, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7733
2015-2016: A3507, S5308
2017-2018: A8398, S5852
2019-2020: A819

2013-A7420 - Summary

Prohibits the use of automated sales suppression devices, zappers or phantom-ware.

2013-A7420 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7420

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2013
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law, in relation to prohibiting the use of auto-
  mated sales suppression devices, zappers or phantom-ware

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new section 1816 to read
as follows:
  S  1816. AUTOMATED SALES SUPPRESSION. (A) DEFINITIONS. AS USED IN THIS
SECTION:
  (1) "AUTOMATED SALES SUPPRESSION DEVICE" OR "ZAPPER" MEANS A  SOFTWARE
PROGRAM,  CARRIED  ON A MEMORY STICK OR REMOVABLE COMPACT DISC, ACCESSED
THROUGH AN INTERNET LINK, OR ACCESSED  THROUGH  ANY  OTHER  MEANS,  THAT
FALSIFIES  THE ELECTRONIC RECORDS OF ELECTRONIC CASH REGISTERS AND OTHER
POINT-OF-SALE SYSTEMS, INCLUDING, BUT NOT LIMITED TO,  TRANSACTION  DATA
AND TRANSACTION REPORTS.
  (2) "ELECTRONIC CASH REGISTER" MEANS A DEVICE THAT KEEPS A REGISTER OR
SUPPORTING  DOCUMENTS  THROUGH  THE  MEANS  OF  AN  ELECTRONIC DEVICE OR
COMPUTER SYSTEM DESIGNED TO RECORD TRANSACTION DATA FOR THE  PURPOSE  OF
COMPUTING, COMPILING, OR PROCESSING TRANSACTION DATA.
  (3)  "PHANTOM-WARE"  MEANS  A  HIDDEN, PREINSTALLED, OR INSTALLED AT A
LATER TIME PROGRAMMING OPTION EMBEDDED IN THE  OPERATING  SYSTEM  OF  AN
ELECTRONIC  CASH REGISTER OR HARDWIRED INTO THE ELECTRONIC CASH REGISTER
THAT WITH INTENT OR BY SPECIFIC DESIGN  IS  USED  TO  CREATE  A  VIRTUAL
SECOND  TILL OR MAY ELIMINATE OR MANIPULATE TRANSACTION RECORDS THAT MAY
OR MAY NOT BE PRESERVED IN DIGITAL FORMATS  TO  REPRESENT  THE  TRUE  OR
MANIPULATED RECORD OF TRANSACTIONS IN THE ELECTRONIC CASH REGISTER.
  (4) "TRANSACTION DATA" MEANS DATA ASSOCIATED WITH ITEMS PURCHASED BY A
CUSTOMER,  THE  PRICE FOR EACH ITEM, A TAXABILITY DETERMINATION FOR EACH
ITEM, A SEGREGATED TAX AMOUNT FOR EACH OF THE TAXED ITEMS, THE AMOUNT OF
CASH OR CREDIT TENDERED, THE NET AMOUNT  RETURNED  TO  THE  CUSTOMER  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08470-01-3

2013-A7420A - Details

See Senate Version of this Bill:
S3612
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Add §1816, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7733
2015-2016: A3507, S5308
2017-2018: A8398, S5852
2019-2020: A819

2013-A7420A - Summary

Prohibits the use of automated sales suppression devices, zappers or phantom-ware.

2013-A7420A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7420--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2013
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Ways and Means  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to prohibiting the use of auto-
  mated sales suppression devices, zappers or phantom-ware

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new section 1816 to read
as follows:
  S 1816. AUTOMATED SALES SUPPRESSION. (A) DEFINITIONS. AS USED IN  THIS
SECTION:
  (1)  "AUTOMATED SALES SUPPRESSION DEVICE" OR "ZAPPER" MEANS A SOFTWARE
PROGRAM, CARRIED ON A MEMORY STICK OR REMOVABLE COMPACT  DISC,  ACCESSED
THROUGH  AN  INTERNET  LINK,  OR  ACCESSED THROUGH ANY OTHER MEANS, THAT
FALSIFIES THE ELECTRONIC RECORDS OF ELECTRONIC CASH REGISTERS AND  OTHER
POINT-OF-SALE  SYSTEMS,  INCLUDING, BUT NOT LIMITED TO, TRANSACTION DATA
AND TRANSACTION REPORTS.
  (2) "ELECTRONIC CASH REGISTER" MEANS A DEVICE THAT KEEPS A REGISTER OR
SUPPORTING DOCUMENTS THROUGH  THE  MEANS  OF  AN  ELECTRONIC  DEVICE  OR
COMPUTER  SYSTEM  DESIGNED TO RECORD TRANSACTION DATA FOR THE PURPOSE OF
COMPUTING, COMPILING, OR PROCESSING TRANSACTION DATA.
  (3) "PHANTOM-WARE" MEANS A HIDDEN, PREINSTALLED,  OR  INSTALLED  AT  A
LATER  TIME  PROGRAMMING  OPTION  EMBEDDED IN THE OPERATING SYSTEM OF AN
ELECTRONIC CASH REGISTER OR HARDWIRED INTO THE ELECTRONIC CASH  REGISTER
THAT  WITH  INTENT  OR  BY  SPECIFIC  DESIGN IS USED TO CREATE A VIRTUAL
SECOND TILL OR MAY ELIMINATE OR MANIPULATE TRANSACTION RECORDS THAT  MAY
OR  MAY  NOT  BE  PRESERVED  IN DIGITAL FORMATS TO REPRESENT THE TRUE OR
MANIPULATED RECORD OF TRANSACTIONS IN THE ELECTRONIC CASH REGISTER.
  (4) "TRANSACTION DATA" MEANS DATA ASSOCIATED WITH ITEMS PURCHASED BY A
CUSTOMER, THE PRICE FOR EACH ITEM, A TAXABILITY DETERMINATION  FOR  EACH
ITEM, A SEGREGATED TAX AMOUNT FOR EACH OF THE TAXED ITEMS, THE AMOUNT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08470-03-3

2013-A7420B (ACTIVE) - Details

See Senate Version of this Bill:
S3612
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Add §1816, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7733
2015-2016: A3507, S5308
2017-2018: A8398, S5852
2019-2020: A819

2013-A7420B (ACTIVE) - Summary

Prohibits the use of automated sales suppression devices, zappers or phantom-ware.

2013-A7420B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7420--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2013
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Ways and Means  --  committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Ways and Means in accordance with Assembly Rule 3,
  sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to prohibiting the use of auto-
  mated sales suppression devices, zappers or phantom-ware

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a new section 1816 to read
as follows:
  S 1816. AUTOMATED SALES SUPPRESSION. (A) DEFINITIONS. AS USED IN  THIS
SECTION:
  (1)  "AUTOMATED SALES SUPPRESSION DEVICE" OR "ZAPPER" MEANS A SOFTWARE
PROGRAM, CARRIED ON A MEMORY STICK OR REMOVABLE COMPACT  DISC,  ACCESSED
THROUGH  AN  INTERNET  LINK,  OR  ACCESSED THROUGH ANY OTHER MEANS, THAT
FALSIFIES THE ELECTRONIC RECORDS OF ELECTRONIC CASH REGISTERS AND  OTHER
POINT-OF-SALE  SYSTEMS,  INCLUDING, BUT NOT LIMITED TO, TRANSACTION DATA
AND TRANSACTION REPORTS.
  (2) "ELECTRONIC CASH REGISTER" MEANS A DEVICE THAT KEEPS A REGISTER OR
SUPPORTING DOCUMENTS THROUGH  THE  MEANS  OF  AN  ELECTRONIC  DEVICE  OR
COMPUTER  SYSTEM  DESIGNED TO RECORD TRANSACTION DATA FOR THE PURPOSE OF
COMPUTING, COMPILING, OR PROCESSING TRANSACTION DATA.
  (3) "PHANTOM-WARE" MEANS A HIDDEN, PREINSTALLED,  OR  INSTALLED  AT  A
LATER  TIME  PROGRAMMING  OPTION  EMBEDDED IN THE OPERATING SYSTEM OF AN
ELECTRONIC CASH REGISTER OR HARDWIRED INTO THE ELECTRONIC CASH  REGISTER
THAT  WITH  INTENT  OR  BY  SPECIFIC  DESIGN IS USED TO CREATE A VIRTUAL
SECOND TILL OR MAY ELIMINATE OR MANIPULATE TRANSACTION RECORDS THAT  MAY
OR  MAY  NOT  BE  PRESERVED  IN DIGITAL FORMATS TO REPRESENT THE TRUE OR
MANIPULATED RECORD OF TRANSACTIONS IN THE ELECTRONIC CASH REGISTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08470-05-4

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