Bans paper receipts for certain purchases and requires businesses to provide proof of purchase electronically, unless a proof of purchase is otherwise required by state or federal law.
STATE OF NEW YORK
________________________________________________________________________
6090
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed 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 20 to read as follows:
3 TITLE 20
4 PAPER RECEIPT REDUCTION
5 Section 27-2001. Definitions.
6 27-2003. Paper receipt ban.
7 27-2005. Violations.
8 27-2007. Preemption of local law.
9 § 27-2001. 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 § 27-2003. Paper receipt ban.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11829-01-9
S. 6090 2
1 1. On and after January first, two thousand twenty-two, 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-two, a paper proof
6 of purchase shall not be printed if the consumer opts to not receive a
7 proof of purchase, unless otherwise required by state or federal law.
8 3. (a) On and after January first, two thousand twenty-four, if a
9 consumer opts to receive a proof of purchase pursuant to subdivision one
10 of this section, the proof of purchase shall be provided in electronic
11 form or paper form, at the consumer's option, unless a prescribed form
12 is otherwise required by state or federal law.
13 (b) Notwithstanding paragraph (a) of this subdivision, a business is
14 not required to provide an electronic proof of purchase if, due to
15 limited internet connectivity, a power outage, or other unexpected tech-
16 nical difficulties, the business is incapable of sending an electronic
17 proof of purchase.
18 § 27-2005. Violations.
19 1. Any business who shall violate any provision of this title shall
20 receive a warning notice for the first such violation. A business shall
21 be liable to the state of New York for a civil penalty of twenty dollars
22 for each violation after receiving a warning, but such penalties shall
23 not to exceed three hundred dollars annually. A hearing or opportunity
24 to be heard shall be provided prior to the assessment of any civil
25 penalty.
26 2. The department and the attorney general are hereby authorized to
27 enforce the provisions of this title.
28 § 27-2007. Preemption of local law.
29 Jurisdiction in all matters pertaining to paper proof of purchase
30 restrictions is vested exclusively in the state.
31 § 2. This act shall take effect immediately.