Senate Bill S3260A

2013-2014 Legislative Session

Enacts the anti-automated sales suppression act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2013-S3260 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-ttt, Gen Bus L; add §1113, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2852
2015-2016: S3429

2013-S3260 - Summary

Enacts the anti-automated sales suppression act.

2013-S3260 - Sponsor Memo

2013-S3260 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3260

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sens.  KRUEGER, ADDABBO, DILAN, PARKER, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Consumer Protection

AN ACT to amend the general business law and the tax law, in relation to
  enacting the anti-automated sales suppression act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "anti-automated sales suppression act".
  S  2. The general business law is amended by adding a new section 396-
ttt to read as follows:
  S 396-TTT. AUTOMATED SALES SUPPRESSION.   1. DEFINITIONS. AS  USED  IN
THIS SECTION:
  (A)  "AUTOMATED  SALES  SUPPRESSION  DEVICE"  OR "ZAPPER" SHALL MEAN A
SOFTWARE PROGRAM, CARRIED ON A MEMORY  STICK,  REMOVABLE  COMPACT  DISC,
ACCESSED  THROUGH  AN INTERNET LINK OR ACCESSED THROUGH ANY OTHER MEANS,
THAT FALSIFIES THE ELECTRONIC RECORDS OF POINT-OF-SALE SYSTEMS  FOR  THE
PURPOSE OF TAX EVASION.
  (B)  "CERTIFICATE OF INCORPORATION" SHALL MEAN A CERTIFICATE OF INCOR-
PORATION AS DEFINED IN SUBPARAGRAPH THREE OF PARAGRAPH  (A)  OF  SECTION
ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW.
  (C)  "DEPARTMENT"  SHALL  MEAN  THE  STATE  DEPARTMENT OF TAXATION AND
FINANCE.
  (D) "ELECTRONIC CASH REGISTER" SHALL MEAN A DEVICE THAT KEEPS A REGIS-
TER OR SUPPORTING DOCUMENTS THROUGH THE MEANS OF AN ELECTRONIC DEVICE OR
COMPUTER SYSTEM DESIGNED TO RECORD TRANSACTION DATA FOR THE  PURPOSE  OF
COMPUTING,  COMPILING  OR  PROCESSING  RETAIL  SALES TRANSACTION DATA IN
WHATEVER MANNER.
  (E) "PHANTOM-WARE" SHALL MEAN A HIDDEN, PRE-INSTALLED OR INSTALLED  AT
A  LATER  TIME  PROGRAMMING OPTION EMBEDDED IN THE OPERATING SYSTEM OF A
ELECTRONIC CASH REGISTER OR HARD WIRED INTO THE ELECTRONIC CASH REGISTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07090-01-3
              

co-Sponsors

2013-S3260A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-ttt, Gen Bus L; add §1113, Tax L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2852
2015-2016: S3429

2013-S3260A (ACTIVE) - Summary

Enacts the anti-automated sales suppression act.

2013-S3260A (ACTIVE) - Sponsor Memo

2013-S3260A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3260--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sens.  KRUEGER, ADDABBO, DILAN, PARKER, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Consumer  Protection -- recommitted 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 and the tax law, in relation to
  enacting the anti-automated sales suppression act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "anti-automated sales suppression act".
  S 2. The general business law is amended by adding a new section  396-
ttt to read as follows:
  S  396-TTT.  AUTOMATED SALES SUPPRESSION.   1. DEFINITIONS. AS USED IN
THIS SECTION:
  (A) "AUTOMATED SALES SUPPRESSION DEVICE"  OR  "ZAPPER"  SHALL  MEAN  A
SOFTWARE  PROGRAM,  CARRIED  ON  A MEMORY STICK, REMOVABLE COMPACT DISC,
ACCESSED THROUGH AN INTERNET LINK OR ACCESSED THROUGH ANY  OTHER  MEANS,
THAT  FALSIFIES  THE ELECTRONIC RECORDS OF POINT-OF-SALE SYSTEMS FOR THE
PURPOSE OF TAX EVASION.
  (B) "CERTIFICATE OF INCORPORATION" SHALL MEAN A CERTIFICATE OF  INCOR-
PORATION  AS  DEFINED  IN SUBPARAGRAPH THREE OF PARAGRAPH (A) OF SECTION
ONE HUNDRED TWO OF THE BUSINESS CORPORATION LAW.
  (C) "DEPARTMENT" SHALL MEAN  THE  STATE  DEPARTMENT  OF  TAXATION  AND
FINANCE.
  (D) "ELECTRONIC CASH REGISTER" SHALL MEAN A DEVICE THAT KEEPS A REGIS-
TER OR SUPPORTING DOCUMENTS THROUGH THE MEANS OF AN ELECTRONIC DEVICE OR
COMPUTER  SYSTEM  DESIGNED TO RECORD TRANSACTION DATA FOR THE PURPOSE OF
COMPUTING, COMPILING OR PROCESSING  RETAIL  SALES  TRANSACTION  DATA  IN
WHATEVER MANNER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07090-02-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.