Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 23, 2020 |
referred to consumer affairs and protection delivered to assembly passed senate |
Jul 22, 2020 |
ordered to third reading cal.961 |
Jul 20, 2020 |
reported and committed to rules |
Jul 15, 2020 |
committee discharged and committed to consumer protection referred to rules |
Senate Bill S8780
2019-2020 Legislative Session
Sponsored By
(D, WF) 37th Senate District
Archive: Last Bill Status - In Assembly 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
Actions
Votes
co-Sponsors
(D) 16th Senate District
2019-S8780 (ACTIVE) - Details
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
- Versions Introduced in 2021-2022 Legislative Session:
-
S3467
2019-S8780 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8780 SPONSOR: MAYER TITLE OF BILL: An act to amend the general business law, in relation to fees for gift cards PURPOSE OR GENERAL IDEA OF BILL: To prohibit fees and expiration dates on gift cards and gift certif- icates and to provide that gift cards and gift certificates may be redeemed in cash when the remaining value is less than five dollars. SUMMARY OF PROVISIONS: Section 1 amends subdivision 1, 3, 5 and 5-a of section 396-i of the general business law and adds a new section 5-b to make clear that the definition of "gift certificate" includes gift cards, remove references to expiration date and fees, to prohibit the issuance of gift certif- icates and gift cards that decline in value over time, to prohibit the
2019-S8780 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8780 I N S E N A T E July 15, 2020 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the general business law, in relation to fees for gift cards THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1, 3, 5, and 5-a of section 396-i of the general business law, subdivision 1 as amended by chapter 170 of the laws of 2004 and subdivisions 3 and 5 as amended and subdivision 5-a as added by chapter 329 of the laws of 2016, are amended and a new subdivi- sion 5-b is added to read as follows: 1. (A) For the purposes of this section, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "gift certificate" shall mean a [written promise or electronic payment device] CERTIFICATE, ELECTRONIC CARD, OR OTHER PRE-FUNDED RECORD that: (i) is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers; and (ii) is issued in a specified amount; and (iii) may or may not be increased in value or reloaded; and (iv) is purchased and/or loaded on a prepaid basis for the future purchase or delivery of any goods or services; and (v) is honored upon presentation[.]; (2) "OPEN LOOP GIFT CERTIFICATE" SHALL MEAN A GIFT CERTIFICATE REDEEM- ABLE AT MULTIPLE, UNAFFILIATED MERCHANTS OR SERVICE PROVIDERS; AND (3) "PROMOTIONAL GIFT CERTIFICATE" SHALL MEAN A GIFT CERTIFICATE ISSUED FOR NO CONSIDERATION WHICH INCLUDES ON THE FRONT OF THE GIFT CERTIFICATE (I) A STATEMENT INDICATING THAT THE CARD IS ISSUED FOR PROMOTIONAL PURPOSES AND (II) THE EXPIRATION DATE FOR THE UNDERLYING FUNDS. (B) Gift certificate shall not include an electronic payment device linked to a deposit account, or prepaid telephone calling cards regu- lated under section ninety-two-f of the public service law. Gift certif- icate also shall not include flexible spending arrangements as defined in Section 106(c)(2) of the Internal Revenue Code, 26 U.S.C. § EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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