Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 26, 2016 |
signed chap.329 |
Sep 20, 2016 |
delivered to governor |
Jun 08, 2016 |
returned to assembly passed senate 3rd reading cal.1489 substituted for s4771e |
Jun 08, 2016 |
substituted by a7610e |
Jun 07, 2016 |
ordered to third reading cal.1489 committee discharged and committed to rules |
May 31, 2016 |
print number 4771e |
May 31, 2016 |
amend and recommit to consumer protection |
Feb 11, 2016 |
print number 4771d |
Feb 11, 2016 |
amend (t) and recommit to consumer protection |
Jan 06, 2016 |
referred to consumer protection |
Jun 11, 2015 |
print number 4771c |
Jun 11, 2015 |
amend and recommit to rules |
Jun 09, 2015 |
reported and committed to rules |
Jun 08, 2015 |
print number 4771b |
Jun 08, 2015 |
amend and recommit to finance |
Jun 03, 2015 |
print number 4771a |
Jun 03, 2015 |
amend and recommit to finance |
May 28, 2015 |
reported and committed to finance |
Apr 15, 2015 |
referred to consumer protection |
Senate Bill S4771E
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A7610 - 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
2015-S4771 - Details
- See Assembly Version of this Bill:
- A7610
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2015-S4771 - Sponsor Memo
BILL NUMBER:S4771 TITLE OF BILL: An act to amend the general business law, in relation to prohibiting fees on gift cards and gift certificates PURPOSE OR GENERAL IDEA OF BILL: To eliminate fees on gift cards and gift certificates SUMMARY OF SPECIFIC PROVISIONS: Section one - amends the general business law to remove the ability for fees to be assessed on gift cards or gift certificates sold in New York state. Section two sets forth the effective date JUSTIFICATION: There have been a number of complaints from consumers who purchase or were given a gift card, and when they attempt to use it a couple of years later, they find out that there is little to no money left to spend due to exorbitant fees assessed on the card due to inactivity. Current New York State law requires notice of expiration dates as well as any fees that will be charged along with other terms and conditions that must be clearly and conspicuously stated on the card, package, or
2015-S4771 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4771 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. FUNKE -- 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 prohibiting fees on gift cards and gift certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 5 of section 396-i of the general busi- ness law, as amended by chapter 507 of the laws of 2004, are amended to read as follows: 3. The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, [whether any fees are assessed against the balance of the gift certificate, and whether a fee will be charged for] AND PROCEDURE FOR the replacement of a gift certificate that is lost, stolen, or destroyed. Additional terms and conditions including, but not be limited to, policies related to refunds, warranties, changes in terms and conditions, assignment and waiver shall be conspicuously printed: (a) on the gift certificate; or (b) on an envelope or packaging contain- ing the gift certificate, provided that a toll free telephone number to access the additional terms and conditions is printed on the gift certificate; or (c) on an accompanying printed document, provided that a toll free telephone number to access the additional terms and conditions is printed on the gift certificate. 5. (a) No [retroactive] fees shall be assessed against a gift certif- icate. (b) No monthly service fees may be assessed against the balance of a gift certificate [prior to the thirteenth month of dormancy]. (c) For the purposes of this subdivision, "dormancy" shall mean non- use of a gift certificate. Use of a gift certificate shall include, but not be limited to, adding value, or purchases. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2015-S4771A - Details
- See Assembly Version of this Bill:
- A7610
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2015-S4771A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4771--A 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to prohibiting fees on gift cards and gift certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 5 of section 396-i of the general busi- ness law, as amended by chapter 507 of the laws of 2004, are amended to read as follows: 3. The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, whether any fees are assessed against the balance of the gift certificate, THE PROCEDURE FOR and whether a fee will be charged for the replacement of a gift certificate that is lost, stolen, or destroyed, IF ANY. Additional terms and conditions includ- ing, but not be limited to, policies related to refunds, warranties, changes in terms and conditions, assignment and waiver shall be conspic- uously printed: (a) on the gift certificate; or (b) on an envelope or packaging containing the gift certificate, provided that a toll free telephone number to access the additional terms and conditions is print- ed on the gift certificate; or (c) on an accompanying printed document, provided that a toll free telephone number to access the additional terms and conditions is printed on the gift certificate. 5. (a) No [retroactive] fees shall be assessed against a gift certif- icate THAT IS ONLY USABLE AT A SINGLE MERCHANT OR AN AFFILIATED GROUP OF MERCHANTS THAT SHARE THE SAME NAME, MARK OR LOGO. (b) No monthly service fees may be assessed against the balance of a gift certificate [prior to], EXCEPT THAT GIFT CERTIFICATES THAT ARE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10404-07-5
2015-S4771B - Details
- See Assembly Version of this Bill:
- A7610
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2015-S4771B - Sponsor Memo
BILL NUMBER:S4771B TITLE OF BILL: An act to amend the general business law, in relation to prohibiting fees on gift cards and gift certificates PURPOSE OR GENERAL IDEA OF BILL: To eliminate fees on gift cards and gift certificates SUMMARY OF SPECIFIC PROVISIONS: Section one - amends the general business law to remove the ability for fees to be assessed on gift cards or gift certificates sold in New York state. Section two sets forth the effective date JUSTIFICATION: There have been a number of complaints from consumers who purchase or were given a gift card, and when they attempt to use it a couple of years later, they find out that there is little to no money left to spend due to exorbitant fees assessed on the card due to inactivity. Current New York State law requires notice of expiration dates as well as any fees that will be charged along with other terms and conditions that must be clearly and conspicuously stated on the card, package, or
2015-S4771B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4771--B 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to prohibiting fees on gift cards and gift certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 5 of section 396-i of the general busi- ness law, as amended by chapter 507 of the laws of 2004, are amended to read as follows: 3. The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, whether any fees are assessed against the balance of the gift certificate, THE PROCEDURE FOR and whether a fee will be charged for the replacement of a gift certificate that is lost, stolen, or destroyed, IF ANY. Additional terms and conditions includ- ing, but not be limited to, policies related to refunds, warranties, changes in terms and conditions, assignment and waiver shall be conspic- uously printed: (a) on the gift certificate; or (b) on an envelope or packaging containing the gift certificate, provided that a toll free telephone number to access the additional terms and conditions is print- ed on the gift certificate; or (c) on an accompanying printed document, provided that a toll free telephone number to access the additional terms and conditions is printed on the gift certificate. 5. (a) [No retroactive] FOR GIFT CERTIFICATES THAT ARE ONLY USABLE AT A SINGLE MERCHANT OR AN AFFILIATED GROUP OF MERCHANTS THAT SHARE THE SAME NAME, MARK OR LOGO, NO fees shall be assessed against THE BALANCE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10404-08-5
2015-S4771C - Details
- See Assembly Version of this Bill:
- A7610
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2015-S4771C - Sponsor Memo
BILL NUMBER:S4771C TITLE OF BILL: An act to amend the general business law, in relation to prohibiting fees on gift cards and gift certificates PURPOSE OR GENERAL IDEA OF BILL: To eliminate fees on gift cards and gift certificates SUMMARY OF SPECIFIC PROVISIONS: Section one - amends the general business law to remove the ability for fees to be assessed on gift cards or gift certificates sold in New York state. Specific provisions state: 5 (a) For gift certificates that are only useable at a single merchant or an affiliated group of merchants that share the same name, mark or logo, no fees shall be assessed against the balance of a gift certificate with the exception of a fee for the replacement of a gift certificate that is lost, stolen or destroyed. (b) For gift certificates that are useable at multiple, unaffiliated merchants or service providers and for gift certificates defined in paragraphs (a) and (b) of subdivision three-b of this section, no monthly service fees may be assessed against the balance of a gift certificate prior to the thirteenth month of dormancy, and no retroactive fees shall be assessed against the balance of a gift
2015-S4771C - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4771--C 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to prohibiting fees on gift cards and gift certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 5 of section 396-i of the general busi- ness law, as amended by chapter 507 of the laws of 2004, are amended to read as follows: 3. The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, whether any fees are assessed against the balance of the gift certificate, THE PROCEDURE FOR and whether a fee will be charged for the replacement of a gift certificate that is lost, stolen, or destroyed, IF ANY. Additional terms and conditions includ- ing, but not be limited to, policies related to refunds, warranties, changes in terms and conditions, assignment and waiver shall be conspic- uously printed: (a) on the gift certificate; or (b) on an envelope or packaging containing the gift certificate, provided that a toll free telephone number to access the additional terms and conditions is print- ed on the gift certificate; or (c) on an accompanying printed document, provided that a toll free telephone number to access the additional terms and conditions is printed on the gift certificate. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10404-13-5
2015-S4771D - Details
- See Assembly Version of this Bill:
- A7610
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2015-S4771D - Sponsor Memo
BILL NUMBER: S4771D TITLE OF BILL : An act to amend the general business law, in relation to restricting fees on gift cards and gift certificates PURPOSE OR GENERAL IDEA OF BILL : To restrict fees on gift cards and gift certificates SUMMARY OF SPECIFIC PROVISIONS : Section one - amends the general business law to restrict the ability for fees to be assessed on gift cards or gift certificates sold in New York state prior to the twenty-fifth month of dormancy. Provisions include: 5 (a) Allows for no retroactive fees (b) No monthly service fees assessed prior to the twenty-fifth month of dormancy (c) Allows a fee to be assessed after the twenty-fourth month of dormancy, however if a holder presents the certificate within three years of issuance, fees shall be waived and the certificate replenished
2015-S4771D - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4771--D 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to restricting fees on gift cards and gift certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 5 of section 396-i of the general busi- ness law, as amended by chapter 507 of the laws of 2004, are amended and a new subdivision 5-a is added to read as follows: 3. The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, whether any fees are assessed against the balance of the gift certificate, THE PROCEDURE FOR and whether a fee will be charged for the replacement of a gift certificate that is lost, stolen, or destroyed, IF ANY. Additional terms and conditions includ- ing, but not be limited to, policies related to refunds, warranties, changes in terms and conditions, assignment and waiver shall be conspic- uously printed: (a) on the gift certificate; or (b) on an envelope or packaging containing the gift certificate, provided that a toll free telephone number to access the additional terms and conditions is print- ed on the gift certificate; or (c) on an accompanying printed document, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10404-14-6
2015-S4771E (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7610
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2015-S4771E (ACTIVE) - Sponsor Memo
BILL NUMBER: S4771E TITLE OF BILL : An act to amend the general business law, in relation to restricting fees on gift cards and gift certificates PURPOSE OR GENERAL IDEA OF BILL : To restrict fees on gift cards and gift certificates SUMMARY OF SPECIFIC PROVISIONS : Section one - amends the general business law to restrict the ability for fees to be assessed on gift cards or gift certificates sold in New York state prior to the twenty-fifth month of dormancy. Provisions include: 5 (a) Allows for no retroactive fees (b) No monthly service fees assessed prior to the twenty-fifth month of dormancy (c) Allows a fee to be assessed after the twenty-fourth month of dormancy, however if a holder presents the certificate within three years of issuance, fees shall be waived and the certificate replenished
2015-S4771E (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4771--E 2015-2016 Regular Sessions I N S E N A T E April 15, 2015 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to restricting fees on gift cards and gift certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 5 of section 396-i of the general busi- ness law, as amended by chapter 507 of the laws of 2004, are amended and a new subdivision 5-a is added to read as follows: 3. The terms and conditions of a gift certificate store credit shall be clearly and conspicuously stated thereon. Terms and conditions shall include the expiration date, whether any fees are assessed against the balance of the gift certificate, and whether a fee will be charged for the replacement of a gift certificate that is lost, stolen, or destroyed, IF ANY. Additional terms and conditions including, but not [be] limited to, policies related to refunds, warranties, changes in terms and conditions, THE PROCEDURE FOR THE REPLACEMENT OF A GIFT CERTIFICATE, IF ANY, assignment and waiver shall be conspicuously print- ed: (a) on the gift certificate; or (b) on an envelope or packaging EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10404-19-6
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