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.

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S512-2013 Actions

• Jan 9, 2013: REFERRED TO CONSUMER PROTECTION

S512-2013 Memo

BILL NUMBER:S512

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.

S512-2013 Text

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

                                     512

                         2013-2014 Regular Sessions

                              I N  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.