BILL NUMBER: S8582
SPONSOR: WALCZYK
 
TITLE OF BILL:
An act to amend the general business law, in relation to requiring
e-commerce platforms to include a feature whereby consumers may filter
for products made in the United States of America; and to amend the tax
law, in relation to providing a tax credit for compliance with such
feature or for sale of products made in New York
 
PURPOSE:
To incentivize e-commerce platforms to showcase and incentivize purchas-
ing products made in the United States or New York.
 
SUMMARY OF PROVISIONS:
Creates Article 42-A in the general business law with the following
items:
-Section 110: Definitions of "online marketplace provider", "online
retailer", "e-commerce platform", "marketplace seller", and "product".
-Section 111: Sets out applicability standards for the legislation.
-Section 112: Provides that online marketplace providers and online
retailers shall create a "Made in America" button on their e-commerce
platforms, and that such feature shall be displayed prominently.
Section 2: Adds section 50 to the tax law to provide for a tax credit
for online retailers and online marketplace providers, equal to their
share of state sales tax, for purchased products made in New York.
Sections 3: Adds subdivision 63 to Section 210-B of the tax law to
comply with Section 2 of this bill.
Sections 4 and 5: Adds two pieces to the tax law to comply with
Section 2 of this bill. They are: clause liiii to Section 606, Subpara-
graph (B) of paragraph 1 of subsection (i), and subsection (uuu) to
Section 606 of the tax law, respectively.
Section 6: Sets the effective date at the ninetieth day after this bill
shall have become a law.
 
JUSTIFICATION:
In recent years, the United States has made a concerted effort to get
consumers to buy American. This legislation requires online retailers
and online marketplace providers to create a "Made in America" button to
filter for products. However, New York products should be highlighted in
this effort. The success of TasteNY, I Love NY, and other promotions
cannot be understated. Thus, the state should advance more policies to
help our businesses compete online. The legislation would waive state
sales tax on New York made products. This will create a virtuous cycle:
more New York products bought will increase their standing in the algo-
rithm, making more people see and buy them, and continuing the cycle.
Small businesses across New York who sell on Amazon, Etsy, and other
marketplaces will benefit from this tremendously. This change will help
boost revenue for American companies on birthdays, around holidays, and
even major shopping days, such as Prime Day and Cyber Monday.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
To be deteintined.
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S8582: 210-B tax law, 606 tax law, 606(i) tax law