Bill Text: NY S08191 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits the charging of membership fees during a state disaster emergency including when a consumer can demonstrate a financial hardship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-13 - REFERRED TO CONSUMER PROTECTION [S08191 Detail]

Download: New_York-2019-S08191-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8191

                    IN SENATE

                                     April 13, 2020
                                       ___________

        Introduced  by  Sen.  PARKER -- 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 prohibiting the
          charging of membership fees during a state disaster emergency

          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  399-vv to read as follows:
     3    §  399-vv.  Prohibition  of membership fee charges.  1. During a state
     4  disaster emergency, declared pursuant to article 2-B  of  the  executive
     5  law,  no person, partnership, corporation, association or other business
     6  entity shall charge a consumer any contracted membership fee  when,  due
     7  to such state disaster emergency:
     8    (a) the contracted service has ceased, partially or fully;
     9    (b) the contracted service has been rendered impossible or illegal;
    10    (c) the non-use of a facility or premises, or the non-rendering or the
    11  non-use  of  a  contracted  service,  has  frustrated the purpose of the
    12  contract; or
    13    (d) a consumer would experience and demonstrates financial hardship if
    14  he or she were to pay such membership fee.
    15    2. Every violation of this section shall  be  punishable  by  a  civil
    16  penalty not to exceed one thousand dollars.
    17    3.  Nothing  in  this section shall be construed to restrict any right
    18  which any person may have under any other statute or the common law.
    19    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16112-01-0