Assembly Bill A4629C

Signed By Governor
2021-2022 Legislative Session

Relates to fees for gift cards

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S3467 - 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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Votes

Bill Amendments

2021-A4629 - Details

See Senate Version of this Bill:
S3467
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

2021-A4629 - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

2021-A4629 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4629
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to amend the general business law, in relation to fees for gift
   cards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  1,  3,  5,  and 5-a of section 396-i of the
 general business law, subdivision 1 as amended by  chapter  170  of  the
 laws  of 2004 and subdivisions 3 and 5 as amended and subdivision 5-a as
 added by chapter 329 of the laws of 2016, are amended and a new subdivi-
 sion 5-b is added to read as follows:
   1. (A) For the purposes of this section,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "gift  certificate"  shall  mean a [written promise or electronic
 payment device] CERTIFICATE, ELECTRONIC CARD, OR OTHER PRE-FUNDED RECORD
 that: (i) is usable at a single  merchant  or  an  affiliated  group  of
 merchants  that  share  the  same  name,  mark, or logo, or is usable at
 multiple, unaffiliated merchants  or  service  providers;  and  (ii)  is
 issued  in  a specified amount; and (iii) may or may not be increased in
 value or reloaded; and (iv) is purchased  and/or  loaded  on  a  prepaid
 basis  for the future purchase or delivery of any goods or services; and
 (v) is honored upon presentation[.];
   (2) "OPEN LOOP GIFT CERTIFICATE" SHALL MEAN A GIFT CERTIFICATE REDEEM-
 ABLE AT MULTIPLE, UNAFFILIATED MERCHANTS OR SERVICE PROVIDERS; AND
   (3) "PROMOTIONAL GIFT  CERTIFICATE"  SHALL  MEAN  A  GIFT  CERTIFICATE
 ISSUED  FOR  NO  CONSIDERATION  WHICH  INCLUDES ON THE FRONT OF THE GIFT
 CERTIFICATE (I) A STATEMENT INDICATING  THAT  THE  CARD  IS  ISSUED  FOR
 PROMOTIONAL  PURPOSES  AND  (II)  THE EXPIRATION DATE FOR THE UNDERLYING
 FUNDS.
   (B) Gift certificate shall not include an  electronic  payment  device
 linked  to  a  deposit account, or prepaid telephone calling cards regu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-A4629A - Details

See Senate Version of this Bill:
S3467
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

2021-A4629A - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

2021-A4629A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4629--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on  Consumer  Affairs  and  Protection  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the general business law, in relation to fees for gift
   cards

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  3,  5,  and 5-a of section 396-i of the
 general business law, subdivision 1 as amended by  chapter  170  of  the
 laws  of 2004 and subdivisions 3 and 5 as amended and subdivision 5-a as
 added by chapter 329 of the laws of 2016, are amended and a new subdivi-
 sion 5-b is added to read as follows:
   1. (A) For the purposes of this section,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "gift  certificate"  shall  mean a [written promise or electronic
 payment device] CERTIFICATE, ELECTRONIC CARD, OR OTHER PRE-FUNDED RECORD
 that: (i) is usable at a single  merchant  or  an  affiliated  group  of
 merchants  that  share  the  same  name,  mark, or logo, or is usable at
 multiple, unaffiliated merchants  or  service  providers;  and  (ii)  is
 issued  in  a specified amount; and (iii) may or may not be increased in
 value or reloaded; and (iv) is purchased  and/or  loaded  on  a  prepaid
 basis  for the future purchase or delivery of any goods or services; and
 (v) is honored upon presentation[.];
   (2) "OPEN LOOP GIFT CERTIFICATE" SHALL MEAN A GIFT CERTIFICATE REDEEM-
 ABLE AT MULTIPLE, UNAFFILIATED MERCHANTS OR SERVICE PROVIDERS; AND
   (3) "PROMOTIONAL GIFT  CERTIFICATE"  SHALL  MEAN  A  GIFT  CERTIFICATE
 ISSUED  FOR  NO  CONSIDERATION  WHICH  INCLUDES ON THE FRONT OF THE GIFT
 CERTIFICATE (I) A STATEMENT INDICATING  THAT  THE  CARD  IS  ISSUED  FOR
 PROMOTIONAL  PURPOSES  AND  (II)  THE EXPIRATION DATE FOR THE UNDERLYING
 FUNDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A4629B - Details

See Senate Version of this Bill:
S3467
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

2021-A4629B - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

2021-A4629B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4629--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on  Consumer  Affairs  and  Protection  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general business law, in relation to fees  for  gift
   cards
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 3, 5, and  5-a  of  section  396-i  of  the
 general  business  law,  subdivision  1 as amended by chapter 170 of the
 laws of 2004 and subdivisions 3 and 5 as amended and subdivision 5-a  as
 added by chapter 329 of the laws of 2016, are amended and a new subdivi-
 sion 5-b is added to read as follows:
   1.  (A)  For  the  purposes of this section, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1) "gift certificate" shall mean a  [written  promise  or  electronic
 payment device] CERTIFICATE, ELECTRONIC CARD, OR OTHER PRE-FUNDED RECORD
 that:  (i)  is  usable  at  a  single merchant or an affiliated group of
 merchants that share the same name, mark,  or  logo,  or  is  usable  at
 multiple,  unaffiliated  merchants  or  service  providers;  and (ii) is
 issued in a specified amount; and (iii) may or may not be  increased  in
 value  or  reloaded;  and  (iv)  is purchased and/or loaded on a prepaid
 basis for the future purchase or delivery of any goods or services;  and
 (v) is honored upon presentation[.];
   (2) "OPEN LOOP GIFT CERTIFICATE" SHALL MEAN A GIFT CERTIFICATE REDEEM-
 ABLE AT MULTIPLE, UNAFFILIATED MERCHANTS OR SERVICE PROVIDERS; AND
   (3)  "PROMOTIONAL  GIFT  CERTIFICATE"  SHALL  MEAN  A GIFT CERTIFICATE
 ISSUED FOR NO CONSIDERATION WHICH INCLUDES ON  THE  FRONT  OF  THE  GIFT
 CERTIFICATE  (I)  A  STATEMENT  INDICATING  THAT  THE CARD IS ISSUED FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02680-06-1

co-Sponsors

2021-A4629C (ACTIVE) - Details

See Senate Version of this Bill:
S3467
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

2021-A4629C (ACTIVE) - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

2021-A4629C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4629--C
                                                            R. R. 177
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. SAYEGH, ENGLEBRIGHT, EPSTEIN, GRIFFIN, MAGNAREL-
   LI, DICKENS, ABINANTI, JACKSON, DeSTEFANO -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  Protection  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said  committee
   --  reported  and referred to the Committee on Rules -- amended on the
   special order of third reading, ordered reprinted as amended,  retain-
   ing its place on the special order of third reading
 
 AN  ACT  to amend the general business law, in relation to fees for gift
   cards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  3,  5,  and 5-a of section 396-i of the
 general business law, subdivision 1 as amended by  chapter  170  of  the
 laws  of 2004 and subdivisions 3 and 5 as amended and subdivision 5-a as
 added by chapter 329 of the laws of 2016, are amended and a new subdivi-
 sion 5-b is added to read as follows:
   1. (A) For the purposes of this section,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1)  "gift  certificate"  shall  mean a [written promise or electronic
 payment device] CERTIFICATE, ELECTRONIC CARD, OR OTHER PRE-FUNDED RECORD
 that: (i) is usable at a single  merchant  or  an  affiliated  group  of
 merchants  that  share  the  same  name,  mark, or logo, or is usable at
 multiple, unaffiliated merchants  or  service  providers;  and  (ii)  is
 issued  in  a specified amount; and (iii) may or may not be increased in
 value or reloaded; and (iv) is purchased  and/or  loaded  on  a  prepaid
 basis  for the future purchase or delivery of any goods or services; and
 (v) is honored upon presentation[.];
   (2) "OPEN LOOP GIFT CERTIFICATE" SHALL MEAN A GIFT CERTIFICATE REDEEM-
 ABLE AT MULTIPLE, UNAFFILIATED MERCHANTS OR SERVICE PROVIDERS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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