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

                                  7621

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by M. of A. ORTIZ, ALFANO, MAGEE -- Multi-Sponsored by -- M.
  of A. BARRA -- read once and referred to  the  Committee  on  Economic
  Development, Job Creation, Commerce and Industry

AN  ACT to amend the general business law, in relation to the fraudulent
  sale of poppies, forget-me-nots, daisies,  flags  and  other  articles
  sold for patriotic purposes

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

  Section 1. Section 396-h of the general  business  law,  as  added  by
chapter 1031 of the laws of 1965 and as renumbered by chapter 815 of the
laws of 1973, is amended to read as follows:
  S  396-h.  Fraudulent  sale of poppies, forget-me-nots, daisies, flags
and other articles sold for patriotic purposes.  Any person,  whether  a
veteran  soldier, sailor, marine or army nurse, or otherwise, who in the
promotion of his OR HER own interests, or to derive  personal  pecuniary
benefit,  gain or profit, for himself OR HERSELF or for any person, firm
or corporation other  than  an  organization  expressly  designated  and
authorized to administer veteran relief by the provisions of section one
hundred  sixty-eight  of  the  social  [welfare]  SERVICES law, sells or
offers to sell poppies, forget-me-nots, daisies, flags or other articles
sold for patriotic purposes, while claiming that such sale or  offer  to
sell  is  made  as  agent  of,  or  for the benefit of such organization
authorized to administrate veteran relief, FOR A FIRST OFFENSE is guilty
of a misdemeanor, punishable by a fine of not  more  than  [fifty]  FIVE
HUNDRED  dollars  or by imprisonment for not more than six months, or by
both such fine and imprisonment, AND FOR A SECOND OR SUBSEQUENT  OFFENSE
IS  GUILTY  OF  A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE  YEAR,  OR  BY
BOTH SUCH FINE AND IMPRISONMENT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10978-01-9