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S08580 Summary:

BILL NOS08580A
 
SAME ASSAME AS A09274-A
 
SPONSORSKOUFIS
 
COSPNSRSANDERS
 
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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S08580 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8580--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    November 14, 2025
                                       ___________
 
        Introduced  by Sens. SKOUFIS, SANDERS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules  --  recom-
          mitted  to  the  Committee  on  Consumer Protection in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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.
    18    (b) "Legal tender" shall mean all coins and currencies of  the  United
    19  States.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11817-06-6

        S. 8580--A                          2
 
     1    2.  Notwithstanding  any  other  provision of law to the contrary, any
     2  merchant doing business in this state shall determine the total price of
     3  such goods or services in the following manner:
     4    (a)  prices  of  goods  and services shall be totaled, any discount or
     5  deduction therefor made, and sales tax or other  tax  imposed,  if  any,
     6  added  to  that  total in accordance with the law of the municipality in
     7  which such goods or services are sold; and
     8    (b)(i) if a mill, one cent, two cents, six cents, or seven cents is at
     9  the end of the resulting sum, that sum shall  be  rounded  down  to  the
    10  nearest  amount  divisible  by five for those individuals seeking to pay
    11  therefor with legal tender; or
    12    (ii) if three cents, four cents, eight cents, or nine cents is at  the
    13  end  of  the  resulting sum, that sum shall be rounded up to the nearest
    14  amount divisible by five for those individuals seeking to  pay  therefor
    15  with legal tender.
    16    3.  The  provisions of subdivision two of this section shall not apply
    17  to the following:
    18    (a) transactions for which the total amount is four cents or less; or
    19    (b) transactions for which payment is made by any demand or negotiable
    20  instrument, electronic fund transfer, money order,  credit  card,  debit
    21  card, electronic payment, or other like instrument.
    22    4.  Any tax imposed by state or municipal taxing authorities shall not
    23  apply to gains or losses resulting from rounding.
    24    5. The superintendent of the  department  of  financial  services  may
    25  promulgate  regulations  to  implement  this section, including, but not
    26  limited to, authorization of exemptions or exclusions from this section.
    27    § 4. This act shall take effect immediately, provided,  however,  that
    28  section three of this act shall take effect on the one hundred eightieth
    29  day  after it shall have become a law.  Effective immediately, the addi-
    30  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    31  the  implementation  of this act on its effective date are authorized to
    32  be made and completed on or before such effective date.
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