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Senate Bill S8188

2017-2018 Legislative Session

Increases the penalty for the fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-S8188 (ACTIVE) - Details

See Assembly Version of this Bill:
A3426
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §396-h, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7621
2011-2012: A1561
2013-2014: A4884
2015-2016: A7541

2017-S8188 (ACTIVE) - Summary

Increases the penalty for the fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes.

2017-S8188 (ACTIVE) - Sponsor Memo

2017-S8188 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8188
 
                             I N  S E N A T E
 
                              April 16, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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 the  fraudulent
   sale  of  poppies,  forget-me-nots,  daisies, flags and other articles
   sold for patriotic purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  396-h  of  the general business law, as added by
 chapter 1031 of the laws of 1965 and as renumbered by chapter 815 of the
 laws of 1973, is amended to read as follows:
   § 396-h. Fraudulent sale of poppies,  forget-me-nots,  daisies,  flags
 and  other  articles sold for patriotic purposes.  Any person, whether a
 veteran soldier, sailor, marine or army nurse, or otherwise, who in  the
 promotion  of  his OR HER own interests, or to derive personal pecuniary
 benefit, gain or profit, for himself OR HERSELF or for any person,  firm
 or  corporation  other  than  an  organization  expressly designated and
 authorized to administer veteran relief by the provisions of section one
 hundred sixty-eight of the  social  [welfare]  SERVICES  law,  sells  or
 offers to sell poppies, forget-me-nots, daisies, flags or other articles
 sold  for  patriotic purposes, while claiming that such sale or offer to
 sell is made as agent of,  or  for  the  benefit  of  such  organization
 authorized to administrate veteran relief, FOR A FIRST OFFENSE is guilty
 of  a  misdemeanor,  punishable  by a fine of not more than [fifty] FIVE
 HUNDRED dollars or by imprisonment for not more than six months,  or  by
 both  such fine and imprisonment, AND FOR A SECOND OR SUBSEQUENT OFFENSE
 IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  ONE
 THOUSAND  DOLLARS  OR  BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY
 BOTH SUCH FINE AND IMPRISONMENT.
   § 2. This act shall take effect on the first of November 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.
                                                            LBD08314-01-7

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