S T A T E O F N E W Y O R K
I N S E N A T E
March 26, 2012
Introduced by Sen. GRISANTI -- 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 requirements
for rebates provided by retailers
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
391-s to read as follows:
S 391-S. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "REBATE" SHALL MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR
SERVICE OF ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
(B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR OFFERED
BY OR ON BEHALF OF OR IN COOPERATION WITH A MANUFACTURER RETURNING TO A
PURCHASER OF ANY GOOD OR SERVICE ANY PORTION OF THE PURCHASE PRICE THER-
EOF OR A SPECIFIC MONETARY AMOUNT.
2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND DIRECTLY RESPONSIBLE
FOR THE FULFILLMENT OF SUCH REBATE SHALL REMIT SUCH REBATE TO THE
PURCHASER AT THE TIME OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH
THE REBATE APPLIES.
3. THE RETAIL ESTABLISHMENT SHALL DETERMINE AND DISCLOSE IN ANY ADVER-
TISEMENT OF THE REBATE THE METHOD BY WHICH THE REBATE SHALL BE REMITTED
TO THE PURCHASER.
4. THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL
NOT APPLY WHEN A REBATE IS A MANUFACTURER'S REBATE AND IS ADVERTISED OR
OTHERWISE DISCLOSED CONSPICUOUSLY AS SUCH.
5. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED
DOLLARS FOR EACH SUCH VIOLATION.
S 2. This act shall take effect on the first of January 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.