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A09274 Summary:

BILL NOA09274A
 
SAME ASSAME AS S08580-A
 
SPONSORMcDonald
 
COSPNSR
 
MLTSPNSR
 
Add §§399-ooo & 399-oooo, Gen Bus L
 
Requires merchants to round cash purchases to the nearest five cent denomination in order to encourage the reduction of the circulation of pennies within New York state.
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A09274 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9274--A
                                                                Cal. No. 368
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 21, 2025
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection -- recommitted to the Committee
          on Consumer Affairs and Protection in accordance with Assembly Rule 3,
          sec.  2 -- reported and referred to the Committee on Ways and Means --
          advanced to a third reading, passed by Assembly and delivered  to  the
          Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          merchants  to  round  cash  purchases to the nearest five cent denomi-
          nation in order to reduce the circulation of pennies within  New  York
          state
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New Yorkers for Common Cents Act".
     3    §  2. The general business law is amended by adding a new section 399-
     4  ooo to read as follows:
     5    § 399-ooo. Exact change exemption. Failure to provide exact change  in
     6  the  event  exact  change would include a penny or pennies, and charging
     7  less for credit than for cash based on the inability  to  provide  exact
     8  change  that  would include a penny or pennies, shall not be a violation
     9  of any state law or regulation, including but not  limited  to  consumer
    10  protection laws.
    11    §  3. The general business law is amended by adding a new section 399-
    12  oooo to read as follows:
    13    § 399-oooo. Calculation of prices.    1.  For  the  purposes  of  this
    14  section, the following terms shall have the following meanings:
    15    (a)  "Merchant"  shall  mean  any  person, corporation, or partnership
    16  engaged in the business of the sale of goods  or  services  engaging  in
    17  face-to-face, in-person sales.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11817-05-6

        A. 9274--A                          2
 
     1    (b)  "Legal  tender" shall mean all coins and currencies of the United
     2  States.
     3    2.  Notwithstanding  any  other  provision of law to the contrary, any
     4  merchant doing business in this state shall determine the total price of
     5  such goods or services in the following manner:
     6    (a) prices of goods and services shall be  totaled,  any  discount  or
     7  deduction  therefor  made,  and  sales tax or other tax imposed, if any,
     8  added to that total in accordance with the law of  the  municipality  in
     9  which such goods or services are sold; and
    10    (b)(i) if a mill, one cent, two cents, six cents, or seven cents is at
    11  the  end  of  the  resulting  sum, that sum shall be rounded down to the
    12  nearest amount divisible by five for those individuals  seeking  to  pay
    13  therefor with legal tender; or
    14    (ii)  if three cents, four cents, eight cents, or nine cents is at the
    15  end of the resulting sum, that sum shall be rounded up  to  the  nearest
    16  amount  divisible  by five for those individuals seeking to pay therefor
    17  with legal tender.
    18    3. The provisions of subdivision two of this section shall  not  apply
    19  to the following:
    20    (a) transactions for which the total amount is four cents or less; or
    21    (b) transactions for which payment is made by any demand or negotiable
    22  instrument,  electronic  fund  transfer, money order, credit card, debit
    23  card, electronic payment, or other like instrument.
    24    4. Any tax imposed by state or municipal taxing authorities shall  not
    25  apply to gains or losses resulting from rounding.
    26    5.  The  superintendent  of  the  department of financial services may
    27  promulgate regulations to implement this  section,  including,  but  not
    28  limited to, authorization of exemptions or exclusions from this section.
    29    §  4.  This act shall take effect immediately, provided, however, that
    30  section three of this act shall take effect on the one hundred eightieth
    31  day after it shall have become a law.  Effective immediately, the  addi-
    32  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    33  the implementation of this act on its effective date are  authorized  to
    34  be made and completed on or before such effective date.
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