Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 27, 2010 |
held for consideration in consumer affairs and protection |
Jan 06, 2010 |
referred to consumer affairs and protection |
Feb 19, 2009 |
referred to consumer affairs and protection |
Assembly Bill A5739
2009-2010 Legislative Session
Sponsored By
HAYES
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Thomas Alfano
Robert Barra
Gary Finch
Joseph Giglio
multi-Sponsors
Stephen Hawley
Tony Jordan
Brian Kolb
Bill Reilich
2009-A5739 (ACTIVE) - Details
2009-A5739 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5739 2009-2010 Regular Sessions I N A S S E M B L Y February 19, 2009 ___________ Introduced by M. of A. HAYES, ALFANO, BARRA, FINCH, GIGLIO, RAIA, SAYWARD, WALKER -- Multi-Sponsored by -- M. of A. HAWLEY, KOLB, REILICH -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to service charges on gift certificates and gift cards 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 396-ii to read as follows: S 396-II. GIFT CERTIFICATES AND GIFT CARDS. 1. FOR THE PURPOSES OF THIS SECTION: (A) "GIFT CERTIFICATES" SHALL MEAN A WRITTEN PROMISE IN A SPECIFIED AMOUNT WHICH CANNOT BE INCREASED IN VALUE ON THE FACE THEREOF AND PURCHASED BY A CONSUMER IN EXCHANGE FOR PAYMENT TO PROVIDE MERCHANDISE OR SERVICE IN A SPECIFIED AMOUNT OR OF EQUAL VALUE TO THE BEARER OF THE CERTIFICATE. (B) "GIFT CARDS" SHALL MEAN A CARD WHICH MAY BE PURCHASED BY A CONSUM- ER IN EXCHANGE FOR PAYMENT TO PROVIDE MERCHANDISE OR SERVICE IN A SPECI- FIED AMOUNT OF EQUAL VALUE TO THE BEARER OF THE CARD. (C) "DORMANCY" SHALL MEAN NON-USE OF A GIFT CERTIFICATE OR GIFT CARD. ADDING VALUE OR BALANCE INQUIRIES CONSTITUTES USE OF THE GIFT CARD. 2. IT SHALL BE UNLAWFUL FOR ANY BUSINESS ENTITY, INCLUDING, BUT NOT LIMITED TO, SOLE PROPRIETORSHIP, FIRM, COMPANY, PARTNERSHIP, ASSOCIATION OR CORPORATION TO SELL TO A CONSUMER GIFT CERTIFICATES OR GIFT CARDS THAT DIMINISH IN VALUE DUE TO DORMANCY AFTER SUCH GIFT CERTIFICATE OR GIFT CARD IS PURCHASED. 3. NO SURCHARGES OR FEES, INCLUDING, BUT NOT LIMITED TO, DORMANCY, ADMINISTRATIVE, SERVICE, RETROACTIVITY OR REACTIVATION SHALL BE ASSESSED AGAINST GIFT CERTIFICATES OR GIFT CARDS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06835-01-9
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