senate Bill S5771A

2019-2020 Legislative Session

Relates to fees for gift cards

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2020 advanced to third reading
Mar 10, 2020 2nd report cal.
Mar 04, 2020 1st report cal.580
Jan 08, 2020 referred to consumer protection
Jan 03, 2020 print number 5771a
Jan 03, 2020 amend and recommit to consumer protection
May 14, 2019 referred to consumer protection

Votes

view votes

Mar 4, 2020 - Consumer Protection committee Vote

S5771A
5
2
committee
5
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 4, 2020

nay (2)

S5771 - Details

See Assembly Version of this Bill:
A8652
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S5771 - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; and prohibits the expiration of such gift cards.

S5771 - Sponsor Memo

S5771 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5771

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 14, 2019
                               ___________

Introduced  by  Sen.  MAYER  -- 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 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.  For  the purposes of this section, "gift certificate" shall mean a
[written promise or electronic payment device 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] CERTIF-
ICATE, ELECTRONIC CARD, OR OTHER PRE-FUNDED RECORD  THAT  EVIDENCES  THE
GIVING  OF CONSIDERATION IN EXCHANGE FOR THE RIGHT TO REDEEM SUCH RECORD
FOR GOODS, SERVICES, CREDIT, OR MONEY OF AT LEAST AN EQUAL VALUE TO  THE
AMOUNT  SHOWN  ON,  EMBEDDED  IN, OR ASSOCIATED WITH, SUCH RECORD.  Gift
certificate shall not include an electronic payment device linked  to  a
deposit  account,  or  prepaid  telephone  calling cards regulated under
section ninety-two-f of the public service law.  Gift  certificate  also
shall  not  include flexible spending arrangements as defined in Section
106(c)(2) of the Internal Revenue Code, 26 U.S.C. § 106(c)(2);  flexible
spending  accounts  subject to Section 125 of the Internal Revenue Code,
26 U.S.C. § 125; Archer MSAs as defined in Section 220(d) of the  Inter-
nal  Revenue  Code,  26  U.S.C.  §  220(d); dependent care reimbursement
accounts subject to Section 129 of the Internal Revenue Code, 26  U.S.C.
§ 129; health savings accounts subject to Section 223(d) of the Internal
Revenue  Code,  26  U.S.C.  §  223(d), as amended by Section 1201 of the

Co-Sponsors

view additional co-sponsors

S5771A (ACTIVE) - Details

See Assembly Version of this Bill:
A8652
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L

S5771A (ACTIVE) - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; and prohibits the expiration of such gift cards.

S5771A (ACTIVE) - Sponsor Memo

S5771A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5771--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 14, 2019
                               ___________

Introduced  by  Sen.  MAYER  -- 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 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 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.]  CERTIFICATE,  ELECTRONIC  CARD,  OR
OTHER  PRE-FUNDED  RECORD  THAT EVIDENCES THE GIVING OF CONSIDERATION IN
EXCHANGE FOR THE RIGHT TO REDEEM SUCH RECORD FOR GOODS, SERVICES,  CRED-
IT, OR MONEY OF AT LEAST AN EQUAL VALUE TO THE AMOUNT SHOWN ON, EMBEDDED
IN, OR ASSOCIATED WITH, SUCH RECORD; AND
  (2)  "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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11662-03-9

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