New York A 8359: Relates to penalties for violations relating to the sale of cigarettes and tobacco products

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A08359 Summary:

BILL NOA08359 

&nbsp

SAME ASSAME AS S07507-A

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SPONSORKelles

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add Art 27 Title 16 §§27-1601 - 27-1607, En Con L

&nbsp

Relates to paper receipts and requires businesses to provide proof of purchase electronically.

Go to top A08359 Actions:

BILL NOA08359 

&nbsp

05/13/2025referred to environmental conservation

01/07/2026referred to environmental conservation

Go to topA08359 Committee&nbspVotes:

Go to topA08359 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08359 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8359

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 2025
 ___________

 Introduced by M. of A. KELLES -- read once and referred 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 16 to read as follows:
 3 TITLE 16
 4 PAPER RECEIPT REDUCTION
 5 Section 27-1601. Definitions.
 6 27-1603. Paper receipt ban.
 7 27-1605. Violations.
 8 27-1607. Preemption of local law.
 9 § 27-1601. 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 § 27-1603. Paper receipt ban.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11707-03-5

 A. 8359 2

 1 1. On and after January first, two thousand twenty-eight, 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-eight, a paper
 6 proof of purchase shall not be printed if the consumer opts to not
 7 receive a proof of purchase, unless otherwise required by state or
 8 federal law.
 9 3. (a) On and after January first, two thousand thirty, if a consumer
 10 opts to receive a proof of purchase pursuant to subdivision one of this
 11 section, the proof of purchase shall be provided in electronic form or
 12 paper form, at the consumer's option, unless a prescribed form is other-
 13 wise required by state or federal law.
 14 (b) Notwithstanding paragraph (a) of this subdivision, a business is
 15 not required to provide an electronic proof of purchase if, due to
 16 limited internet connectivity, a power outage, or other unexpected tech-
 17 nical difficulties, the business is incapable of sending an electronic
 18 proof of purchase.
 19 4. Notwithstanding any provision of this section to the contrary, for
 20 businesses with a gross revenue of five million dollars per year or
 21 less, the requirements of subdivisions one and two of this section shall
 22 be effective January first, two thousand thirty, and the requirements of
 23 subdivision three of this section shall be effective January first, two
 24 thousand thirty-two.
 25 § 27-1605. Violations.
 26 1. Any business who shall violate any provision of this title shall
 27 receive a warning notice for the first such violation. A business shall
 28 be liable to the state of New York for a civil penalty of twenty dollars
 29 for each violation after receiving a warning, but such penalties shall
 30 n