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A06378 Summary:

BILL NOA06378
 
SAME ASNo Same As
 
SPONSOROrtiz
 
COSPNSRGalef, Kavanagh, Paulin, Rosenthal, Rodriguez
 
MLTSPNSR
 
Add 1113, Tax L
 
Imposes a five cent tax on plastic and paper shopping bags used to transport every sale of tangible personal property by consumers; provides for certain exemptions and imposes limitations on the size of plastic and paper bags used for the sale of tangible personal property.
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A06378 Actions:

BILL NOA06378
 
03/06/2017referred to ways and means
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A06378 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6378
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 6, 2017
                                       ___________
 
        Introduced by M. of A. ORTIZ, GALEF, KAVANAGH, PAULIN, ROSENTHAL, RODRI-
          GUEZ -- read once and referred to the Committee on Ways and Means
 
        AN  ACT  to  amend the tax law, in relation to imposing a tax on plastic
          and paper shopping bags used  to  transport  every  sale  of  tangible
          personal property by consumers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The tax law is amended by adding a new section 1113 to read
     2  as follows:
     3    § 1113. Imposition of tax; plastic and paper shopping bags. (a)  There
     4  is hereby imposed and there shall be paid a tax of five cents upon plas-
     5  tic  and  paper  shopping  bags used to transport every sale of tangible
     6  personal property by consumers.
     7    (b)(1) The tax imposed, pursuant to subdivision (a) of  this  section,
     8  shall  apply  at  the  point  of  sale  in  shops, supermarkets, service
     9  stations and all sales outlets. Retailers shall pass on the full  amount
    10  of such tax as a charge to the customer during his or her checkout.
    11    (2)  Such  tax  shall be itemized on all invoices, receipts or dockets
    12  issued to customers at the point of sale.
    13    (c) The following shall be exempt from the  tax  imposed  pursuant  to
    14  subdivision (a) of this section:
    15    (1) Plastic and paper bags containing fresh meat, fish or poultry;
    16    (2)  Plastic and paper bags containing non-packed fruit, nuts or vege-
    17  tables, confectionery, dairy products, cooked food or ice;
    18    (3) Plastic and paper bags  used  to  store  products  sold  on  board
    19  aircraft or ships;
    20    (4)  Reuseable bags sold to customers for a sum not less than seventy-
    21  five cents;
    22    (5) Any plastic or paper bag brought to the store by the  customer  to
    23  be used during the sale of tangible personal property;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08961-01-7

        A. 6378                             2
 
     1    (6) Plastic and paper bags containing products purchased with benefits
     2  received  by  the  customer  under the supplemental nutrition assistance
     3  program (SNAP), the special supplemental nutrition  program  for  women,
     4  infants and children (WIC), or any successor programs; and
     5    (7) Plastic and paper bags containing products purchased by a customer
     6  sixty-five years of age or older.
     7    (d)  If any other item is placed in a plastic or paper bag exempted by
     8  subdivision (c) of this section, such customer shall be charged the five
     9  cent tax during his or her checkout.
    10    (e) Plastic and paper bags used for every sale  of  tangible  personal
    11  property shall not be larger than two hundred fifty millimeters by three
    12  hundred forty-five millimeters by four hundred fifty millimeters.
    13    (f)  All  funds  collected pursuant to the tax imposed by this section
    14  shall be deposited into the climate  change  mitigation  and  adaptation
    15  account  of  the  environmental  protection fund established pursuant to
    16  subparagraph (iv) of paragraph a of subdivision two of  section  ninety-
    17  two-s of the state finance law.
    18    §  2. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become a law.  Effective  immediate-
    20  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    21  necessary for the implementation of this act on its effective  date  are
    22  authorized  and  directed  to  be  made  and completed on or before such
    23  effective date.
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