NY State Assembly Bill 2015-A7610E

Archive: Last Bill Status - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 26, 2016	signed chap.329
Sep 20, 2016	delivered to governor
Jun 08, 2016	returned to assembly passed senate 3rd reading cal.1489 substituted for s4771e
Jun 06, 2016	referred to consumer protection delivered to senate passed assembly
Jun 01, 2016	amended on third reading 7610e
Feb 09, 2016	amended on third reading (t) 7610d
Jan 06, 2016	ordered to third reading cal.302 returned to assembly died in senate
Jun 16, 2015	recommitted to rules returned to senate repassed assembly
Jun 15, 2015	restored to third reading amended by restoring to previous print 7610b
Jun 11, 2015	vote reconsidered - restored to third reading returned to assembly recalled from senate
Jun 10, 2015	referred to rules delivered to senate passed assembly
Jun 09, 2015	ordered to third reading rules cal.160 rules report cal.160 reported
Jun 05, 2015	amend and recommit to rules 7610b
Jun 11, 2015	amended on third reading 7610c
Jun 03, 2015	amend and recommit to rules 7610a
Jun 02, 2015	reported referred to rules
May 20, 2015	referred to consumer affairs and protection

Votes

- Jun 8, 2016 - Floor Vote
  A7610E
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Diaz
      
      Espaillat
      
      Panepinto

Bill Amendments

Original

E (Active)

2015-A7610 - Details

See Senate Version of this Bill:: S4771
Law Section:: General Business Law
Laws Affected:: Amd §396-i, Gen Bus L

2015-A7610 - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

2015-A7610 - Bill Text download pdf

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

                                  7610

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  fees on gift cards and gift certificates

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

  Section  1. Subdivisions 3 and 5 of section 396-i of the general busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended  to
read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the expiration date, [whether any fees are assessed against the
balance of the gift certificate, and whether a fee will be charged  for]
AND  PROCEDURE  FOR  the replacement of a gift certificate that is lost,
stolen, or destroyed. Additional terms and conditions including, but not
be limited to, policies related to refunds, warranties, changes in terms
and conditions, assignment and waiver shall  be  conspicuously  printed:
(a) on the gift certificate; or (b) on an envelope or packaging contain-
ing  the gift certificate, provided that a toll free telephone number to
access the additional terms  and  conditions  is  printed  on  the  gift
certificate; or (c) on an accompanying printed document, provided that a
toll free telephone number to access the additional terms and conditions
is printed on the gift certificate.
  5.  (a) No [retroactive] fees shall be assessed against a gift certif-
icate.
  (b) No monthly service fees may be assessed against the balance  of  a
gift certificate [prior to the thirteenth month of dormancy].
  (c)  For  the purposes of this subdivision, "dormancy" shall mean non-
use of a gift certificate. Use of a gift certificate shall include,  but
not be limited to, adding value, or purchases.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

                                                           LBD10404-01-5

co-Sponsors

2015-A7610A - Details

See Senate Version of this Bill:: S4771
Law Section:: General Business Law
Laws Affected:: Amd §396-i, Gen Bus L

2015-A7610A - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

2015-A7610A - Bill Text download pdf

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

                                 7610--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the general business law,  in  relation  to  prohibiting
  fees on gift cards and gift certificates

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

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness  law, as amended by chapter 507 of the laws of 2004, are amended to
read as follows:
  3. The terms and conditions of a gift certificate store  credit  shall
be  clearly and conspicuously stated thereon. Terms and conditions shall
include the expiration date, whether any fees are assessed  against  the
balance  of  the  gift  certificate, THE PROCEDURE FOR and whether a fee
will be charged for the replacement of a gift certificate that is  lost,
stolen,  or  destroyed, IF ANY.  Additional terms and conditions includ-
ing, but not be limited to, policies  related  to  refunds,  warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously  printed:  (a)  on the gift certificate; or (b) on an envelope or
packaging containing the gift certificate, provided  that  a  toll  free
telephone number to access the additional terms and conditions is print-
ed  on the gift certificate; or (c) on an accompanying printed document,
provided that a toll free telephone  number  to  access  the  additional
terms and conditions is printed on the gift certificate.
  5.  (a) No [retroactive] fees shall be assessed against a gift certif-
icate THAT IS ONLY USABLE AT A SINGLE MERCHANT OR AN AFFILIATED GROUP OF
MERCHANTS THAT SHARE THE SAME NAME, MARK OR LOGO.
  (b) No monthly service fees may be assessed against the balance  of  a
gift  certificate  [prior  to],  EXCEPT  THAT GIFT CERTIFICATES THAT ARE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-06-5

A. 7610--A                          2

USABLE AT MULTIPLE, UNAFFILIATED  MERCHANTS  OR  SERVICE  PROVIDERS  MAY
ASSESS MONTHLY SERVICE FEES AFTER the thirteenth month of dormancy.
  (c)  For  the purposes of this subdivision, "dormancy" shall mean non-
use of a gift certificate. Use of a gift certificate shall include,  but
not be limited to, adding value, or purchases.
  S  2. Subdivision 3-a and 3-b of section 396-i of the general business
law, as amended by chapter 507 of the laws of 2004, are amended to  read
as follows:
  3-a.  The  requirements of subdivisions two-a [and], three AND FIVE of
this section shall not apply to a gift certificate that has no terms and
conditions.
  3-b. Subparagraph (i) of paragraph (a) of subdivision two-a  AND  FIVE
of this section shall not apply to gift certificates:
  (a)  sold  below  face  value or at a volume discount to employees, to
nonprofit and charitable organizations, or educational institutions  for
fundraising purposes; or
  (b)  distributed  to  a  consumer  or  employee pursuant to an awards,
rewards, loyalty, or promotional program without any consideration being
given in exchange for the gift certificate by the consumer or employee.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and  shall apply to gift certificates issued on or
after such date.

co-Sponsors

2015-A7610B - Details

See Senate Version of this Bill:: S4771
Law Section:: General Business Law
Laws Affected:: Amd §396-i, Gen Bus L

2015-A7610B - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

2015-A7610B - Bill Text download pdf

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

                                 7610--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, ABINANTI -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the general business law,  in  relation  to  prohibiting
  fees on gift cards and gift certificates

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

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness  law, as amended by chapter 507 of the laws of 2004, are amended to
read as follows:
  3. The terms and conditions of a gift certificate store  credit  shall
be  clearly and conspicuously stated thereon. Terms and conditions shall
include the expiration date, whether any fees are assessed  against  the
balance  of  the  gift  certificate, THE PROCEDURE FOR and whether a fee
will be charged for the replacement of a gift certificate that is  lost,
stolen,  or  destroyed, IF ANY.  Additional terms and conditions includ-
ing, but not be limited to, policies  related  to  refunds,  warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously  printed:  (a)  on the gift certificate; or (b) on an envelope or
packaging containing the gift certificate, provided  that  a  toll  free
telephone number to access the additional terms and conditions is print-
ed  on the gift certificate; or (c) on an accompanying printed document,
provided that a toll free telephone  number  to  access  the  additional
terms and conditions is printed on the gift certificate.
  5.  (a) [No retroactive] FOR GIFT CERTIFICATES THAT ARE ONLY USABLE AT
A SINGLE MERCHANT OR AN AFFILIATED GROUP OF  MERCHANTS  THAT  SHARE  THE
SAME  NAME,  MARK OR LOGO, NO fees shall be assessed against THE BALANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-09-5

A. 7610--B                          2

OF a gift certificate WITH THE EXCEPTION OF A FEE FOR THE REPLACEMENT OF
A GIFT CERTIFICATE THAT IS LOST, STOLEN OR DESTROYED.
  (b)  [No]  FOR GIFT CERTIFICATES THAT ARE USABLE AT MULTIPLE, UNAFFIL-
IATED MERCHANTS OR SERVICE PROVIDERS AND FOR GIFT  CERTIFICATES  DEFINED
IN  PARAGRAPHS  (A)  AND  (B) OF SUBDIVISION THREE-B OF THIS SECTION, NO
monthly service fees may be assessed  against  the  balance  of  a  gift
certificate  prior  to the thirteenth month of dormancy, AND NO RETROAC-
TIVE FEES SHALL BE ASSESSED AGAINST THE BALANCE OF A GIFT CERTIFICATE.
  (c) For the purposes of this subdivision, "dormancy" shall  mean  non-
use  of a gift certificate. Use of a gift certificate shall include, but
not be limited to, adding value, or purchases.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and  shall apply to gift certificates issued on or
after such date.

co-Sponsors

2015-A7610C - Details

See Senate Version of this Bill:: S4771
Law Section:: General Business Law
Laws Affected:: Amd §396-i, Gen Bus L

2015-A7610C - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

2015-A7610C - Bill Text download pdf

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

                                 7610--C
                                                           R. R. 160

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, ABINANTI -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  the  Committee  on  Rules  --
  passed  by  Assembly  and  delivered  to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the special order of third reading

AN  ACT  to  amend  the general business law, in relation to prohibiting
  fees on gift cards and gift certificates

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

  Section  1. Subdivisions 3 and 5 of section 396-i of the general busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended  to
read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the  expiration date, whether any fees are assessed against the
balance of the gift certificate, THE PROCEDURE FOR  and  whether  a  fee
will  be charged for the replacement of a gift certificate that is lost,
stolen, or destroyed, IF ANY.  Additional terms and  conditions  includ-
ing,  but  not  be  limited to, policies related to refunds, warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously printed: (a) on the gift certificate; or (b) on  an  envelope  or
packaging  containing  the  gift  certificate, provided that a toll free
telephone number to access the additional terms and conditions is print-
ed on the gift certificate; or (c) on an accompanying printed  document,
provided  that  a  toll  free  telephone number to access the additional
terms and conditions is printed on the gift certificate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-12-5

A. 7610--C                          2

  5. (a) [No retroactive] FOR GIFT CERTIFICATES THAT ARE ONLY USABLE  AT
A  SINGLE  MERCHANT  OR  AN AFFILIATED GROUP OF MERCHANTS THAT SHARE THE
SAME NAME, MARK OR LOGO, NO fees shall be assessed against  THE  BALANCE
OF a gift certificate WITH THE EXCEPTION OF A FEE FOR THE REPLACEMENT OF
A GIFT CERTIFICATE THAT IS LOST, STOLEN OR DESTROYED.
  (b)  [No]  FOR GIFT CERTIFICATES THAT ARE USABLE AT MULTIPLE, UNAFFIL-
IATED MERCHANTS OR SERVICE PROVIDERS AND FOR GIFT  CERTIFICATES  DEFINED
IN  PARAGRAPHS  (A)  AND  (B) OF SUBDIVISION THREE-B OF THIS SECTION, NO
monthly service fees may be assessed  against  the  balance  of  a  gift
certificate  prior  to the thirteenth month of dormancy, AND NO RETROAC-
TIVE FEES SHALL BE ASSESSED AGAINST THE BALANCE OF A GIFT CERTIFICATE.
  (c) For the purposes of this subdivision, "dormancy" shall  mean  non-
use  of a gift certificate. Use of a gift certificate shall include, but
not be limited to, adding value, or purchases.
  (D) THE PROHIBITION OF DORMANCY FEES PROVIDED FOR IN THIS SUBDIVISION,
SHALL NOT APPLY TO ANY CARD ISSUED IN THE NAME OF A  RETAIL  FOOD  STORE
FOR PURCHASES MADE AT SUCH RETAIL FOOD STORE. FOR PURPOSES OF THIS PARA-
GRAPH,  "RETAIL  FOOD  STORE"  SHALL  MEAN ANY ESTABLISHMENT OR CHAIN OF
ESTABLISHMENTS, WHERE FOOD AND FOOD PRODUCTS ARE OFFERED TO THE CONSUMER
AND INTENDED FOR OFF-PREMISES CONSUMPTION. THE TERM DOES NOT INCLUDE ANY
ESTABLISHMENT, OR CHAIN OF ESTABLISHMENTS, WHICH HANDLE  ONLY  PRE-PACK-
AGED,  NON-POTENTIALLY HAZARDOUS FOODS, ROADSIDE MARKETS THAT OFFER ONLY
FRESH FRUITS AND FRESH VEGETABLES FOR SALE, FOOD SERVICE  ESTABLISHMENTS
AS  DEFINED  IN SECTION FIVE HUNDRED OF THE AGRICULTURE AND MARKETS LAW,
OR FOOD AND BEVERAGE VENDING MACHINES. THE TERM ALSO  DOES  NOT  INCLUDE
ANY RETAIL FOOD STORE, OR CHAIN OF RETAIL FOOD STORES, WHERE THE SALE OF
FOOD  AND  FOOD PRODUCTS, PERSONAL CARE ITEMS, PAPER PRODUCTS, BABY CARE
ITEMS, AND HOUSEHOLD CLEANING PRODUCTS,  DO  NOT  CONSTITUTE  MORE  THAN
SIXTY-FIVE PERCENT OF THEIR ANNUAL RETAIL INVENTORY BY EITHER ITEMS SOLD
OR GROSS RECEIPTS RECEIVED.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to  gift  certificates  issued  on  or
after such date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A7610D - Details

See Senate Version of this Bill:: S4771
Law Section:: General Business Law
Laws Affected:: Amd §396-i, Gen Bus L

2015-A7610D - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

2015-A7610D - Bill Text download pdf

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

                                 7610--D
                                                        Cal. No. 302

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, ABINANTI -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred to the Committee on Rules -- Rules Committee discharged, bill
  amended, ordered reprinted as amended and recommitted to the Committee
  on   Rules  --  Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  the  Committee  on  Rules  --
  passed  by  Assembly  and  delivered  to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the special order of third reading -- advanced to a third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the general business law,  in  relation  to  restricting
  fees on gift cards and gift certificates

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

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended and
a new subdivision 5-a is added to read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the  expiration date, whether any fees are assessed against the
balance of the gift certificate, THE PROCEDURE FOR  and  whether  a  fee
will  be charged for the replacement of a gift certificate that is lost,
stolen, or destroyed, IF ANY.  Additional terms and  conditions  includ-
ing,  but  not  be  limited to, policies related to refunds, warranties,
changes in terms and conditions, assignment and waiver shall be conspic-
uously printed: (a) on the gift certificate; or (b) on  an  envelope  or
packaging  containing  the  gift  certificate, provided that a toll free
telephone number to access the additional terms and conditions is print-
ed on the gift certificate; or (c) on an accompanying printed  document,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10404-15-6

A. 7610--D                          2

provided  that  a  toll  free  telephone number to access the additional
terms and conditions is printed on the gift certificate.
  5.  (a)  No  retroactive fees shall be assessed against a gift certif-
icate.
  (b) No monthly service fees may be assessed against the balance  of  a
gift certificate prior to the [thirteenth] TWENTY-FIFTH month of dorman-
cy.
  (c)  A  SERVICE  FEE  MAY BE ASSESSED AFTER THE TWENTY-FOURTH MONTH OF
DORMANCY PROVIDED THAT ANY SUCH FEE SHALL BE WAIVED AND THE GIFT CERTIF-
ICATE REPLENISHED TO ITS VALUE PRIOR TO SUCH FEES BEING  ASSESSED  WHERE
THE  HOLDER  OF  SUCH  GIFT  CERTIFICATE PRESENTS THE CERTIFICATE WITHIN
THREE YEARS OF ISSUE.
  (D) For the purposes of this subdivision, "dormancy" shall  mean  non-
use  of a gift certificate. Use of a gift certificate shall include, but
not be limited to, adding value, or purchases.
  5-A. IT SHALL BE UNLAWFUL FOR ANY PERSON  TO  SELL  OR  ISSUE  A  GIFT
CERTIFICATE  THAT IS SUBJECT TO AN EXPIRATION DATE WHICH IS EARLIER THAN
FIVE YEARS AFTER THE DATE ON WHICH THE GIFT CERTIFICATE WAS  ISSUED,  OR
THE DATE ON WHICH FUNDS WERE LAST LOADED TO A STORE GIFT CARD. THE TERMS
OF  EXPIRATION  SHALL  BE  CLEARLY  AND CONSPICUOUSLY STATED ON THE GIFT
CERTIFICATE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and  shall apply to gift certificates issued on or
after such date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A7610E (ACTIVE) - Details

See Senate Version of this Bill:: S4771
Law Section:: General Business Law
Laws Affected:: Amd §396-i, Gen Bus L

2015-A7610E (ACTIVE) - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

2015-A7610E (ACTIVE) - Bill Text download pdf

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

                                 7610--E
                                                        Cal. No. 302

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M.  of A. DINOWITZ, ABINANTI, GOTTFRIED, COLTON, CRESPO,
  GALEF, GUNTHER, SEPULVEDA, OTIS, HYNDMAN, SEAWRIGHT -- Multi-Sponsored
  by -- M. of A.  COOK, ENGLEBRIGHT, GLICK, HOOPER, RUSSELL,  WALKER  --
  read  once  and  referred  to  the  Committee  on Consumer Affairs and
  Protection -- reported and referred to the Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  the Committee on Rules -- Rules Committee discharged,
  bill amended, ordered reprinted as  amended  and  recommitted  to  the
  Committee  on Rules -- passed by Assembly and delivered to the Senate,
  recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
  reprinted,  retaining  its place on the special order of third reading
  -- advanced to a third reading, amended and ordered reprinted, retain-
  ing its place on the order of third reading -- again amended on  third
  reading,  ordered reprinted, retaining its place on the order of third
  reading

AN ACT to amend the general business law,  in  relation  to  restricting
  fees on gift cards and gift certificates

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

  Section 1. Subdivisions 3 and 5 of section 396-i of the general  busi-
ness law, as amended by chapter 507 of the laws of 2004, are amended and
a new subdivision 5-a is added to read as follows:
  3.  The  terms and conditions of a gift certificate store credit shall
be clearly and conspicuously stated thereon. Terms and conditions  shall
include  the  expiration date, whether any fees are assessed against the
balance of the gift certificate, and whether a fee will be  charged  for
the  replacement  of  a  gift  certificate  that  is  lost,  stolen,  or
destroyed, IF ANY.  Additional terms and conditions including,  but  not
[be]  limited  to,  policies  related to refunds, warranties, changes in
terms and conditions, THE  PROCEDURE  FOR  THE  REPLACEMENT  OF  A  GIFT
CERTIFICATE, IF ANY, assignment and waiver shall be conspicuously print-

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

                                                           LBD10404-20-6

A. 7610--E                          2

ed:  (a)  on  the  gift  certificate; or (b) on an envelope or packaging
containing the gift certificate, provided that  a  toll  free  telephone
number  to  access the additional terms and conditions is printed on the
gift certificate; or (c) on an accompanying [printed] document, provided
that  a  toll  free  telephone number to access the additional terms and
conditions is printed on the gift certificate.
  5. (a) No retroactive fees shall be assessed against  a  gift  certif-
icate.
  (b)  No  monthly service fees may be assessed against the balance of a
gift certificate prior to the [thirteenth] TWENTY-FIFTH month of dorman-
cy.
  (c) A SERVICE FEE MAY BE ASSESSED AFTER  THE  TWENTY-FOURTH  MONTH  OF
DORMANCY PROVIDED THAT ANY SUCH FEE SHALL BE WAIVED AND THE GIFT CERTIF-
ICATE  REPLENISHED  TO ITS VALUE PRIOR TO SUCH FEES BEING ASSESSED WHERE
THE HOLDER OF SUCH GIFT  CERTIFICATE  PRESENTS  THE  CERTIFICATE  WITHIN
THREE YEARS OF ISSUE.
  (D)  For  the purposes of this subdivision, "dormancy" shall mean non-
use of a gift certificate. Use of a gift certificate shall include,  but
not be limited to, adding value, or purchases.
  5-A.  IT  SHALL  BE  UNLAWFUL  FOR  ANY PERSON TO SELL OR ISSUE A GIFT
CERTIFICATE WHERE THE UNDERLYING FUNDS ARE SUBJECT TO AN EXPIRATION DATE
WHICH IS EARLIER THAN FIVE YEARS  AFTER  THE  DATE  ON  WHICH  THE  GIFT
CERTIFICATE WAS ISSUED, OR THE DATE ON WHICH FUNDS WERE LAST LOADED TO A
STORE  GIFT CARD. THE TERMS OF EXPIRATION SHALL BE CLEARLY AND CONSPICU-
OUSLY STATED ON THE GIFT CERTIFICATE.
  S 2. Subdivision 3-b of section 396-i of the general business law,  as
amended  by  chapter  507  of  the  laws  of 2004, is amended to read as
follows:
  3-b. Subparagraph (i) of paragraph (a) of subdivision two-a AND SUBDI-
VISION FIVE-A of this section shall not apply to gift certificates:
  (a) sold below face value or at a volume  discount  to  employees,  to
nonprofit  and charitable organizations, or educational institutions for
fundraising purposes; or
  (b) distributed to a consumer  or  employee  pursuant  to  an  awards,
rewards, loyalty, or promotional program without any consideration being
given in exchange for the gift certificate by the consumer or employee.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to  gift  certificates  issued  on  or
after such date.

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Assembly Bill A7610E

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 8, 2016 - Floor Vote

Floor Vote: Jun 8, 2016

Bill Amendments

2015-A7610 - Details

2015-A7610 - Summary

2015-A7610 - Bill Text download pdf

co-Sponsors

2015-A7610A - Details

2015-A7610A - Summary

2015-A7610A - Bill Text download pdf

co-Sponsors

2015-A7610B - Details

2015-A7610B - Summary

2015-A7610B - Bill Text download pdf

co-Sponsors

2015-A7610C - Details

2015-A7610C - Summary

2015-A7610C - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A7610D - Details

2015-A7610D - Summary

2015-A7610D - Bill Text download pdf

co-Sponsors

multi-Sponsors

2015-A7610E (ACTIVE) - Details

2015-A7610E (ACTIVE) - Summary

2015-A7610E (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7610E

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Sponsored By

DINOWITZ

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2015-A7610 - Details

2015-A7610 - Summary

2015-A7610 - Bill Text download pdf

co-Sponsors

Thomas Abinanti

2015-A7610A - Details

2015-A7610A - Summary

2015-A7610A - Bill Text download pdf

co-Sponsors

Thomas Abinanti

2015-A7610B - Details

2015-A7610B - Summary

2015-A7610B - Bill Text download pdf

co-Sponsors

Thomas Abinanti

2015-A7610C - Details

2015-A7610C - Summary

2015-A7610C - Bill Text download pdf

co-Sponsors

Thomas Abinanti

Richard Gottfried

William Colton

Marcos Crespo

multi-Sponsors

Vivian Cook

Steven Englebright

Deborah Glick

Earlene Hooper

2015-A7610D - Details

2015-A7610D - Summary

2015-A7610D - Bill Text download pdf

co-Sponsors

Thomas Abinanti

Richard Gottfried

William Colton

Marcos Crespo

multi-Sponsors

Vivian Cook

Steven Englebright

Deborah Glick

Earlene Hooper

2015-A7610E (ACTIVE) - Details

2015-A7610E (ACTIVE) - Summary

2015-A7610E (ACTIVE) - Bill Text download pdf

Comments