senate Bill S3467

Signed By Governor
2021-2022 Legislative Session

Relates to fees for gift cards

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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 (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 10, 2021 approval memo.63
signed chap.668
Nov 29, 2021 delivered to governor
Jun 07, 2021 returned to senate
passed assembly
ordered to third reading rules cal.177
substituted for a4629c
referred to consumer affairs and protection
returned to assembly
repassed senate
Jun 03, 2021 amended by restoring to previous print 3467b
Jun 01, 2021 amended on third reading 3467b
Jun 02, 2021 amended by restoring to previous print 3467a
Jun 01, 2021 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Apr 19, 2021 referred to consumer affairs and protection
delivered to assembly
passed senate
Mar 22, 2021 amended on third reading 3467a
Mar 04, 2021 advanced to third reading
Mar 03, 2021 2nd report cal.
Mar 02, 2021 1st report cal.488
Jan 29, 2021 referred to consumer protection

Votes

view votes

Mar 2, 2021 - Consumer Protection committee Vote

S3467
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 2, 2021

Co-Sponsors

S3467 - Details

See Assembly Version of this Bill:
A4629
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

S3467 - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

S3467 - Sponsor Memo

S3467 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3467
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, LIU -- 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.  (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S3467A - Details

See Assembly Version of this Bill:
A4629
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

S3467A - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

S3467A - Sponsor Memo

S3467A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3467--A
     Cal. No. 488
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Consumer  Protection
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S3467B (ACTIVE) - Details

See Assembly Version of this Bill:
A4629
Law Section:
General Business Law
Laws Affected:
Amd §396-i, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S8780

S3467B (ACTIVE) - Summary

Relates to fees for gift cards; limits the amount a merchant may charge for the gift card; prohibits the expiration of such gift cards or certificates with the exception of promotional gift certificates in which such certificates may not expire earlier than 9 years after the date it was issued.

S3467B (ACTIVE) - Sponsor Memo

S3467B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3467--B
     Cal. No. 488
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Consumer  Protection
   -- reported favorably from said committee, ordered to first and second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading -- passed by  Senate
   and  delivered  to the Assembly, recalled, vote reconsidered, restored
   to third reading, amended and ordered reprinted, retaining  its  place
   in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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