S T A T E O F N E W Y O R K
________________________________________________________________________
7621
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
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Introduced by M. of A. ORTIZ, ALFANO, MAGEE -- Multi-Sponsored by -- M.
of A. BARRA -- read once and referred to the Committee on Economic
Development, Job Creation, Commerce and Industry
AN ACT to amend the general business law, in relation to the fraudulent
sale of poppies, forget-me-nots, daisies, flags and other articles
sold for patriotic purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 396-h of the general business law, as added by
chapter 1031 of the laws of 1965 and as renumbered by chapter 815 of the
laws of 1973, is amended to read as follows:
S 396-h. Fraudulent sale of poppies, forget-me-nots, daisies, flags
and other articles sold for patriotic purposes. Any person, whether a
veteran soldier, sailor, marine or army nurse, or otherwise, who in the
promotion of his OR HER own interests, or to derive personal pecuniary
benefit, gain or profit, for himself OR HERSELF or for any person, firm
or corporation other than an organization expressly designated and
authorized to administer veteran relief by the provisions of section one
hundred sixty-eight of the social [welfare] SERVICES law, sells or
offers to sell poppies, forget-me-nots, daisies, flags or other articles
sold for patriotic purposes, while claiming that such sale or offer to
sell is made as agent of, or for the benefit of such organization
authorized to administrate veteran relief, FOR A FIRST OFFENSE is guilty
of a misdemeanor, punishable by a fine of not more than [fifty] FIVE
HUNDRED dollars or by imprisonment for not more than six months, or by
both such fine and imprisonment, AND FOR A SECOND OR SUBSEQUENT OFFENSE
IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY
BOTH SUCH FINE AND IMPRISONMENT.
S 2. This act shall take effect on the first of November 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.
LBD10978-01-9