Bill Text: NY A02984 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that gift certificates and store credits shall not contain expiration dates, except in limited circumstances where they are issued for promotional purposes without value being given by the consumer; makes certificates or credit with an expiration date redeemable in cash or replaceable by a certificate or credit without an expiration date.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A02984 Detail]

Download: New_York-2013-A02984-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2984
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2013
                                      ___________
       Introduced by M. of A. ORTIZ, CLARK, MILLMAN, ROBINSON, COOK, O'DONNELL,
         GALEF  --  Multi-Sponsored  by -- M. of A. CAHILL, FARRELL, GOTTFRIED,
         HOOPER, JACOBS, MAGEE, PEOPLES-STOKES -- read once and referred to the
         Committee on Consumer Affairs and Protection
       AN ACT to amend the general business law, in relation to  expiration  of
         gift certificates
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  396-ii to read as follows:
    3    S 396-II. GIFT CERTIFICATES. 1. IT SHALL BE UNLAWFUL FOR  ANY  PERSON,
    4  FIRM,  PARTNERSHIP, ASSOCIATION OR CORPORATION TO SELL GIFT CERTIFICATES
    5  OR ISSUE STORE CREDITS TO A CONSUMER CONTAINING AN EXPIRATION DATE.  ANY
    6  GIFT CERTIFICATE SOLD OR STORE CREDIT ISSUED AFTER THE EFFECTIVE DATE OF
    7  THIS  SECTION, WHICH CONTAINS AN EXPIRATION DATE, SHALL BE REDEEMABLE IN
    8  CASH FOR ITS CASH VALUE, OR SUBJECT  TO  REPLACEMENT  WITH  A  NEW  GIFT
    9  CERTIFICATE AT NO COST TO THE CONSUMER.
   10    2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO GIFT CERTIFICATES
   11  OR  STORE  CREDITS  DISTRIBUTED  TO  A CONSUMER FOR PROMOTIONAL PURPOSES
   12  WITHOUT ANY MONEY OR OTHER THING OF VALUE BEING GIVEN  IN  EXCHANGE  FOR
   13  THE GIFT CERTIFICATE OR ISSUANCE OF STORE CREDITS BY THE CONSUMER.
   14    S  2.  This  act  shall take effect on the sixtieth day after it shall
   15  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06976-01-3