Assembly Bill A771

2019-2020 Legislative Session

Relates to requiring merchants to accept cash as payment for goods

download bill text pdf

Sponsored By

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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2019-A771 (ACTIVE) - Details

See Senate Version of this Bill:
S5135
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10686
2021-2022: A22, S4133
2023-2024: A7146, S342

2019-A771 (ACTIVE) - Summary

Requires merchants to accept cash as payment for goods and services; permits the superintendent of financial services to provide exemptions based on certain criteria.

2019-A771 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    771
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, D'URSO, DINOWITZ, COLTON, WRIGHT,
   SIMON, COOK, McDONOUGH, PICHARDO, MONTESANO,  GALEF,  MOSLEY,  HUNTER,
   SEAWRIGHT,  BARRON, ARROYO, GLICK, LAVINE, OTIS, CAHILL -- Multi-Spon-
   sored by -- M.  of A. ENGLEBRIGHT, LAWRENCE, RAMOS --  read  once  and
   referred to the Committee on Consumer Affairs and Protection

 AN  ACT  to  amend  the  general  business law, in relation to requiring
   merchants to accept cash as payment for goods
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 396-aaa to read as follows:
   §  396-AAA.  CASH PAYMENT NON-DISCRIMINATION. 1. ANY RETAIL MERCANTILE
 ESTABLISHMENT AS DEFINED IN ARTICLE TWELVE-B OF THIS CHAPTER,  IN  WHICH
 FOOD  IS  PREPARED,  SOLD,  OR  SERVED SUBJECT TO TITLE EIGHT OF ARTICLE
 THIRTEEN OF THE PUBLIC HEALTH LAW, OR OTHER ESTABLISHMENT OFFERING GOODS
 OR SERVICES FOR SALE SHALL ACCEPT UNITED STATES CURRENCY (CASH) AS LEGAL
 TENDER WHEN OFFERED AS PAYMENT. SUCH ESTABLISHMENT SHALL  NOT  DISCRIMI-
 NATE AGAINST A CASH BUYER BY REQUIRING THE USE OF A CREDIT OR DEBIT CARD
 OR  ELECTRONIC  PAYMENT  DEVICE  OR  PROCESS  IN ORDER TO PURCHASE FOOD,
 GOODS, OR SERVICES. THIS SECTION SHALL  NOT  APPLY  TO  TELEPHONE,  MAIL
 ORDER,  ELECTRONIC,  ONLINE, OR OTHER TRANSACTIONS IN WHICH THE BUYER IS
 NOT PRESENT IN THE ESTABLISHMENT'S PHYSICAL PLACE OF BUSINESS.
   2. THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES MAY MAKE
 REGULATIONS  TO  IMPLEMENT  THIS  SECTION,  INCLUDING  AUTHORIZATION  OF
 EXEMPTIONS  OR  EXCLUSIONS  FROM  THIS SECTION. EXEMPTIONS OR EXCLUSIONS
 UNDER THIS SECTION MAY BE PROVIDED BASED ON CRITERIA INCLUDING, BUT  NOT
 LIMITED  TO,  THE  NATURE  OF THE ESTABLISHMENT; THE NATURE OF THE FOOD,
 GOODS, OR SERVICES; THE DENOMINATION OF CURRENCY USED; OR THE AMOUNT  OF
 THE TRANSACTION.
   3.  A  VIOLATION  OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT TO
 EXCEED FIVE HUNDRED DOLLARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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