Senate Bill S6815

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

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2011-S6815 (ACTIVE) - Details

See Assembly Version of this Bill:
A10173
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L

2011-S6815 (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-S6815 (ACTIVE) - Sponsor Memo

2011-S6815 (ACTIVE) - Bill Text download pdf 

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

                                  6815

                            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-
TARY AMOUNT;
  (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.
                                                           LBD05604-10-2

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