Senate Bill S8191

2019-2020 Legislative Session

Prohibits the charging of membership fees during a state disaster emergency

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-S8191 (ACTIVE) - Details

See Assembly Version of this Bill:
A10360
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-vv, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5905, A1606
2023-2024: S7148

2019-S8191 (ACTIVE) - Summary

Prohibits the charging of membership fees during a state disaster emergency including when a consumer can demonstrate a financial hardship.

2019-S8191 (ACTIVE) - Sponsor Memo

2019-S8191 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8191
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   charging of membership fees during a state disaster emergency
 
   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
 399-vv to read as follows:
   §  399-VV.  PROHIBITION  OF MEMBERSHIP FEE CHARGES.  1. DURING A STATE
 DISASTER EMERGENCY, DECLARED PURSUANT TO ARTICLE 2-B  OF  THE  EXECUTIVE
 LAW,  NO PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION OR OTHER BUSINESS
 ENTITY SHALL CHARGE A CONSUMER ANY CONTRACTED MEMBERSHIP FEE  WHEN,  DUE
 TO SUCH STATE DISASTER EMERGENCY:
   (A) THE CONTRACTED SERVICE HAS CEASED, PARTIALLY OR FULLY;
   (B) THE CONTRACTED SERVICE HAS BEEN RENDERED IMPOSSIBLE OR ILLEGAL;
   (C) THE NON-USE OF A FACILITY OR PREMISES, OR THE NON-RENDERING OR THE
 NON-USE  OF  A  CONTRACTED  SERVICE,  HAS  FRUSTRATED THE PURPOSE OF THE
 CONTRACT; OR
   (D) A CONSUMER WOULD EXPERIENCE AND DEMONSTRATES FINANCIAL HARDSHIP IF
 HE OR SHE WERE TO PAY SUCH MEMBERSHIP FEE.
   2. EVERY VIOLATION OF THIS SECTION SHALL  BE  PUNISHABLE  BY  A  CIVIL
 PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS.
   3.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16112-01-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.