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Assembly Bill A7635D

2011-2012 Legislative Session

Requires retailer rebates to be provided by the retailer to a consumer at the time of purchase

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A7635 - Details

See Senate Version of this Bill:
S2687
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5472, S2358
2013-2014: A4318, S1939

2011-A7635 - Summary

Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

2011-A7635 - Bill Text download pdf 

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

                                  7635

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the  general  business law, in relation to requiring
  rebates to be provided at the time of purchase

  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-r to read as follows:
  S  391-R. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, "REBATE" SHALL
MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION  OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED TO A PURCHASER AT THE TIME AND PLACE
OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES.
  3.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  LESS
THAN  ONE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH
SUCH VIOLATION.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding 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.
                                                           LBD05604-01-1

2011-A7635A - Details

See Senate Version of this Bill:
S2687
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5472, S2358
2013-2014: A4318, S1939

2011-A7635A - Summary

Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

2011-A7635A - Bill Text download pdf 

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

                                 7635--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. HEVESI -- 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 requiring
  rebates to be provided at the time of purchase

  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-r to read as follows:
  S  391-R. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, "REBATE" SHALL
MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION  OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED TO A PURCHASER AT THE TIME OF RETAIL
PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES.
  3.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  LESS
THAN  ONE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH
SUCH VIOLATION.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding 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.
                                                           LBD05604-03-1

2011-A7635B - Details

See Senate Version of this Bill:
S2687
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5472, S2358
2013-2014: A4318, S1939

2011-A7635B - Summary

Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

2011-A7635B - Bill Text download pdf 

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

                                 7635--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. HEVESI -- 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 -- recommitted to the Committee on Consumer Affairs and Protection
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  general  business law, in relation to requiring
  rebates to be provided at the time of purchase

  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, "REBATE" SHALL
MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION  OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED TO A PURCHASER AT THE TIME OF RETAIL
PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES.
  3.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  LESS
THAN  ONE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH
SUCH VIOLATION.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding 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.
                                                           LBD05604-05-1

2011-A7635C - Details

See Senate Version of this Bill:
S2687
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5472, S2358
2013-2014: A4318, S1939

2011-A7635C - Summary

Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

2011-A7635C - Bill Text download pdf 

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

                                 7635--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. HEVESI -- 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 -- recommitted to the Committee on Consumer Affairs and Protection
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  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  requiring
  rebates to be provided by the retailer at the time of purchase

  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, "REBATE"  SHALL
MEAN  THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION OF
THE PURCHASE PRICE THEREOF OR A SPECIFIC MONETARY AMOUNT.
  2. EVERY REBATE SHALL BE PROVIDED BY THE RETAILER TO  A  PURCHASER  AT
THE  TIME  OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE
APPLIES.
  3. THE RETAIL ESTABLISHMENT SHALL DETERMINE THE METHOD  IN  WHICH  THE
REBATE SHALL BE PROVIDED WHEN OFFERING A REBATE.
  4. REBATES SHALL BE PROVIDED SOLELY BY THE RETAILER.
  5.  ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO
VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY  OF  NOT  LESS
THAN  ONE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND DOLLARS FOR EACH
SUCH VIOLATION.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding 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.
                                                           LBD05604-07-2

2011-A7635D (ACTIVE) - Details

See Senate Version of this Bill:
S2687
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5472, S2358
2013-2014: A4318, S1939

2011-A7635D (ACTIVE) - Summary

Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.

2011-A7635D (ACTIVE) - Bill Text download pdf 

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

                                 7635--D

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. HEVESI -- 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 -- recommitted to the Committee on Consumer Affairs and Protection
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  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  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-
TARY AMOUNT;
  (B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR  OFFERED
BY  OR  ON BEHALF OF A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD
OR SERVICE ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
TARY AMOUNT.
  2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND RESPONSIBLE FOR  THE
FINANCING 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05604-09-2

A. 7635--D                          2

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