Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 31, 2012 |
held for consideration in consumer affairs and protection |
Feb 09, 2012 |
referred to consumer affairs and protection |
Assembly Bill A9263
2011-2012 Legislative Session
Sponsored By
WALTER
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
Michael Montesano
Robert Castelli
Nancy Calhoun
Al Graf
multi-Sponsors
Carmen E. Arroyo
John Ceretto
Janet Duprey
Gary Finch
2011-A9263 (ACTIVE) - Details
2011-A9263 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9263 I N A S S E M B L Y February 9, 2012 ___________ Introduced by M. of A. WALTER, MONTESANO, CASTELLI, CALHOUN, GRAF, McKEVITT -- Multi-Sponsored by -- M. of A. CERETTO, DUPREY, FINCH, J. MILLER, SALADINO, SAYWARD, TENNEY -- 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. 4. THE TERMS AND CONDITIONS OF THE GIFT CERTIFICATE OR GIFT CARD SHALL BE CLEARLY AND CONSPICUOUSLY STATED THEREON. THE TERMS AND CONDITIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE EXPIRATION DATE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09710-01-1
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