Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 14, 2020 |
print number 8652a |
Jan 14, 2020 |
amend and recommit to consumer affairs and protection |
Jan 08, 2020 |
referred to consumer affairs and protection |
Oct 02, 2019 |
referred to consumer affairs and protection |
Assembly Bill A8652A
2019-2020 Legislative Session
Sponsored By
WEPRIN
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
Bill Amendments
2019-A8652 - Details
- See Senate Version of this Bill:
- S5771
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2019-A8652 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8652 2019-2020 Regular Sessions I N A S S E M B L Y October 2, 2019 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Consumer Affairs and 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
2019-A8652A (ACTIVE) - Details
- See Senate Version of this Bill:
- S5771
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-i, Gen Bus L
2019-A8652A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8652--A 2019-2020 Regular Sessions I N A S S E M B L Y October 2, 2019 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Consumer Affairs and Protection -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assembly Rule 3, sec. 2 -- 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.
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