senate Bill S4771

Signed By Governor
2015-2016 Legislative Session

Restricts fees on gift cards and gift certificates

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7610 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (23)
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

Votes

view votes

Jun 7, 2016 - Rules committee Vote

S4771E
24
0
committee
24
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 9, 2015 - Finance committee Vote

S4771A
27
3
committee
27
Aye
3
Nay
6
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 28, 2015 - Consumer Protection committee Vote

S4771
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 28, 2015

aye wr (1)

S4771 - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S4771 - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

S4771 - Sponsor Memo

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.

S4771A - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S4771A - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

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

S4771B - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S4771B - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

S4771B - Sponsor Memo

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

S4771C - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S4771C - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

S4771C - Sponsor Memo

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

S4771D - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S4771D - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

S4771D - Sponsor Memo

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

S4771E (ACTIVE) - Details

See Assembly Version of this Bill:
A7610
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S4771E (ACTIVE) - Summary

Restricts fees on gift cards and gift certificates issued by merchants for goods and services; permits a service fee to be assessed after the twenty-fourth month.

S4771E (ACTIVE) - Sponsor Memo

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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