senate Bill S8780

2019-2020 Legislative Session

Relates to fees for gift cards

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • 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
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

Votes

view votes

Jul 22, 2020 - Rules committee Vote

S8780
17
0
committee
17
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 20, 2020 - Consumer Protection committee Vote

S8780
5
0
committee
5
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jul 20, 2020

aye wr (1)

Co-Sponsors

S8780 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S3467

S8780 (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.

S8780 (ACTIVE) - Sponsor Memo

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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