Requires that all cash registers newly installed which are customarily used by a business dealing with consumers have a visual display indicating the amount of any sale to such consumer; exempts from such provisions hotels, motels, or retail licensed premises for the on-premises consumption of alcoholic beverages; authorizes the attorney general to seek injunctive relief for violations of such provisions, and authorizes courts to impose a civil penalty of not more than five hundred dollars for each such violation.
TITLE OF BILL: An act to amend the general business law, in relation to cash registers
PURPOSE: To insure that cash registers used in certain business transactions visually display the amount of the sale to the customer.
SUMMARY OF PROVISIONS: Section One of the bill adds a new section, 399-j to the General Business Law stating that any cash register used by or in the operation of a business which customarily deals with consumers (other than a hotel, motel, retail licensed premises for the on-premises consumption of alcoholic beverages or restaurant where a printed and itemized check is provided to the consumer before payment) shall visually display the amount of the sale in a manner readily visible to the consumer.
The bill also provides for an enforcement provision allowing the Attorney General to apply to the court for an injunction to enjoin and restrain from violations of the provision. A civil penalty of $500 may also be imposed if injury or damage can be proved.
JUSTIFICATION: Mandating cash registers to visually display the sale amount to the consumer will help in the prevention of overcharging and other errors.
LEGISLATIVE HISTORY: 2001-2002: S.6069 Died in Consumer Protection 2003-2004: S.3895 Died in Consumer Protection 2005-2006: S.2595 Died in Rules 2007-2008: S.2736 Died in Consumer Protection 2009: S.1351 (Duane), Died in Consumer Protection 2010: S.1351 (Duane), Died in Consumer Protection; A.11083 (Rosenthal), Died in Economic Development
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become law and shall apply to all cash registers installed on or after such date; provided, however that all existing cash registers shall be replaced within five years from when this act becomes law.
STATE OF NEW YORK ________________________________________________________________________ 512 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. ESPAILLAT -- 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, in relation to cash registers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-j to read as follows: S 399-J. CASH REGISTERS. 1. ANY CASH REGISTER USED BY OR IN THE OPERA- TION OF A BUSINESS WHICH CUSTOMARILY DEALS WITH CONSUMERS, OTHER THAN A HOTEL, MOTEL, RETAIL LICENSED PREMISES FOR THE ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES OR RESTAURANT WHERE A PRINTED AND ITEMIZED CHECK IS PROVIDED FOR THE CUSTOMER'S PERUSAL BEFORE PAYMENT, SHALL VISUALLY DISPLAY THE AMOUNT OF ANY SALE IN A MANNER READILY VISIBLE TO SUCH CONSUMER. 2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC- TICE LAW AND RULES.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01926-01-3 S. 512 2
S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to all cash registers installed on or after such date; provided, however that all existing cash registers in violation of subdivision 1 of section 399-j of the general business law as added by section one of this act shall be replaced within five years from when this act shall have become a law.