Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 21, 2014 |
signed chap.432 |
Nov 10, 2014 |
delivered to governor |
Jun 18, 2014 |
returned to assembly passed senate 3rd reading cal.1493 substituted for s7254a |
Jun 18, 2014 |
substituted by a1787c ordered to third reading cal.1493 committee discharged and committed to rules |
Jun 13, 2014 |
print number 7254a |
Jun 13, 2014 |
amend and recommit to consumer protection |
May 08, 2014 |
referred to consumer protection |
Senate Bill S7254A
Signed By Governor2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status Via A1787 - 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
Actions
Votes
Bill Amendments
2013-S7254 - Details
2013-S7254 - Sponsor Memo
BILL NUMBER:S7254 TITLE OF BILL: An act to amend the general business law, in relation to requiring disclosures in advertisements using a senior specific designation PURPOSE OR GENERAL IDEA OF BILL: To decrease the number of situations in which seniors are deceived by professionals using senior-specific designations SUMMARY OF SPECIFIC PROVISIONS: Creates a new section 350-b-1 of the general business law to require that anyone using a senior-specific designation must disclose the source of that designation in advertisements and to prospective clients; and a violation of this section would be punishable by a civil penalty pursuant to section 350-d of the general business law. An application could also be made to a court for an injunction. JUSTIFICATION: In an effort to bring in clients who are seniors, professionals often pursue licensure, registration, or some sort of independent designation that requires specialized training in senior issues. Seniors often prefer to work with someone who has training in their specific issues. However, it is important to make sure seniors are aware of the source of these designations so they can be sure they are legitimate. A professional could claim to have some sort of senior-specific designation that does not actually exist in an attempt
2013-S7254 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7254 I N S E N A T E May 8, 2014 ___________ Introduced by Sen. VALESKY -- 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 requiring disclosures in advertisements using a senior specific designation 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 350-b-1 to read as follows: S 350-B-1. DISCLOSURES REQUIRED IN ADVERTISEMENTS USING A SENIOR SPECIFIC DESIGNATION. 1. FOR PURPOSES OF THIS SECTION, "SENIOR SPECIFIC DESIGNATION" SHALL MEAN A TITLE, PROFESSIONAL DESIGNATION, CREDENTIAL, CERTIFICATION, OR PROFESSIONAL DESCRIPTION THAT INDICATES THE PERSON HAS EXPERTISE OR TRAINING IN ISSUES SPECIFICALLY RELATED TO SENIORS IN THEIR FIELD. 2. (A) ANY PERSON OR BUSINESS WHO USES A SENIOR SPECIFIC DESIGNATION IN MAKING REPRESENTATIONS FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO INDUCE, DIRECTLY OR INDIRECTLY, THE PURCHASE OF THE INDIVID- UAL'S SERVICES SHALL CLEARLY AND PROMINENTLY DISCLOSE, IN ANY ADVERTISE- MENT AND IN WRITING TO ANY PROSPECTIVE CLIENT AT THE INITIAL MEETING OR CONSULTATION WITH SUCH PROSPECTIVE CLIENT, THE BASIS OR SOURCE OF SUCH SENIOR SPECIFIC DESIGNATION, INCLUDING WHETHER THE SENIOR SPECIFIC DESIGNATION WAS CREATED BY THE PERSON OR BUSINESS USING IT. FOR THE PURPOSES OF THIS SECTION, "CLEARLY AND PROMINENTLY" MEANS: (1) IN WRITTEN COMMUNICATIONS, INCLUDING PRINT AND THOSE MADE THROUGH AN ELECTRONIC MEDIUM, THE MESSAGE SHALL BE IN A TYPE SIZE SUFFICIENTLY NOTICEABLE FOR AN ORDINARY CONSUMER TO READ AND COMPREHEND IT, IN TYPE THAT CONTRASTS WITH THE BACKGROUND AGAINST WHICH IT APPEARS; AND (2) IN ORAL COMMUNICATIONS, THE MESSAGE SHALL BE DELIVERED IN A VOLUME SUFFICIENT FOR AN ORDINARY CONSUMER TO HEAR IT AND COMPREHEND IT. SUCH MESSAGE SHALL BE IN UNDERSTANDABLE LANGUAGE AND SYNTAX REGARDLESS OF HOW THE MESSAGE IS DISSEMINATED. (B) IF ANY COMMUNICATION IS PRESENTED SOLELY THROUGH ORAL, WRITTEN, OR VISUAL MEANS, THE MESSAGE DISSEMINATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE MADE THROUGH THE SAME MEANS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S7254A (ACTIVE) - Details
2013-S7254A (ACTIVE) - Sponsor Memo
BILL NUMBER:S7254A TITLE OF BILL: An act to amend the general business law, in relation to requiring disclosures in advertisements using a senior specific designation PURPOSE OR GENERAL IDEA OF BILL: To decrease the number of situations in which seniors are deceived by professionals using senior-specific designations SUMMARY OF SPECIFIC PROVISIONS: Creates a new section 350-b-1 of the general business law to require that anyone using a senior-specific designation must disclose the source of that designation in advertisements and to prospective clients; and A violation of this section would be punishable by a civil penalty pursuant to section 350-d of the general business law. An application could also be made by the Attorney General to a court for an injunction. JUSTIFICATION: In an effort to bring in clients who are seniors, professionals often pursue licensure, registration, or some sort of independent designation that requires specialized training in senior issues. Seniors often prefer to work with someone who has training in their specific issues. However, it is important to make sure seniors are aware of the source of these designations so they can be sure they
2013-S7254A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7254--A I N S E N A T E May 8, 2014 ___________ Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- 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 disclosures in advertisements using a senior specific designation 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 350-b-1 to read as follows: S 350-B-1. DISCLOSURES REQUIRED IN ADVERTISEMENTS USING A SENIOR SPECIFIC DESIGNATION. 1. FOR PURPOSES OF THIS SECTION, "SENIOR SPECIFIC DESIGNATION" SHALL MEAN A TITLE, PROFESSIONAL DESIGNATION, CREDENTIAL, CERTIFICATION, OR PROFESSIONAL DESCRIPTION THAT INDICATES THE PERSON HAS EXPERTISE OR TRAINING IN ISSUES SPECIFICALLY RELATED TO SENIORS IN THEIR FIELD. 2. (A) ANY PERSON OR BUSINESS WHO USES A SENIOR SPECIFIC DESIGNATION IN MAKING REPRESENTATIONS FOR THE PURPOSE OF INDUCING, OR WHICH ARE LIKELY TO INDUCE, DIRECTLY OR INDIRECTLY, THE PURCHASE OF THE INDIVID- UAL'S SERVICES SHALL CLEARLY AND PROMINENTLY DISCLOSE, IN ANY ADVERTISE- MENT AND IN WRITING TO ANY PROSPECTIVE CLIENT AT THE INITIAL MEETING OR CONSULTATION WITH SUCH PROSPECTIVE CLIENT, THE BASIS OR SOURCE OF SUCH SENIOR SPECIFIC DESIGNATION, INCLUDING WHETHER THE SENIOR SPECIFIC DESIGNATION WAS CREATED BY THE PERSON OR BUSINESS USING IT. FOR THE PURPOSES OF THIS SECTION, "CLEARLY AND PROMINENTLY" MEANS: (1) IN WRITTEN COMMUNICATIONS, INCLUDING PRINT AND THOSE MADE THROUGH AN ELECTRONIC MEDIUM, THE MESSAGE SHALL BE IN A TYPE SIZE SUFFICIENTLY NOTICEABLE FOR AN ORDINARY CONSUMER TO READ AND COMPREHEND IT, IN TYPE THAT CONTRASTS WITH THE BACKGROUND AGAINST WHICH IT APPEARS; AND (2) IN ORAL COMMUNICATIONS, THE MESSAGE SHALL BE DELIVERED IN A VOLUME SUFFICIENT FOR AN ORDINARY CONSUMER TO HEAR IT AND COMPREHEND IT. SUCH MESSAGE SHALL BE IN UNDERSTANDABLE LANGUAGE AND SYNTAX REGARDLESS OF HOW THE MESSAGE IS DISSEMINATED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01916-08-4
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