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A01009 Summary:

BILL NOA01009
 
SAME ASSAME AS S01329
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §396-i, Gen Bus L (as proposed in S.145-B & A.266-A)
 
Requires the consumer protection division to establish a model notice of potential scams when selling gift cards.
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A01009 Actions:

BILL NOA01009
 
01/12/2023referred to consumer affairs and protection
01/31/2023reported referred to rules
01/31/2023reported
01/31/2023rules report cal.62
01/31/2023ordered to third reading rules cal.62
01/31/2023passed assembly
01/31/2023delivered to senate
01/31/2023REFERRED TO RULES
02/08/2023SUBSTITUTED FOR S1329
02/08/20233RD READING CAL.97
02/08/2023PASSED SENATE
02/08/2023RETURNED TO ASSEMBLY
03/03/2023delivered to governor
03/03/2023signed chap.47
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A01009 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1009
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the general business law, in relation to providing notice of potential scams when selling gift cards   PURPOSE: The purpose of this bill is to effectuate an amendment to Chapter 725 of the Laws of 2022 (Approval message 46) related to providing notice of potential scams when selling gift cards.   SUMMARY: Section one of the bill amends subdivision 2-b of section 396-i of the General Business Law making the notice requirement paragraph (a), and adding a paragraph (b) which directs the Department of State to create and make accessible on its website, a model notice which sellers may use to comply with this law. Section two of the bill provides the effective date.   JUSTIFICATION: In response to a growing number of scammers using gift cards to steal money Chapter 725 of the Laws of 2022 was enacted adding subdivision 2-b to section 396-i of the General Business Law requiring sellers of gift cards to display the notice of potential scams with prepaid gift cards. This bill makes an addition to the underlying chapter and subdivision 2-b making the notice requirement paragraph (a) and adding a paragraph (b) directing the Department of State to create and make accessible on its website a model notice which sellers may use to comply with this law.   PRIOR LEGISLATIVE HISTORY: This bill is a chapter amendment to Chapter 725 of the Laws of 2022.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the Laws of 2022 requiring sellers to provide notice of potential prepaid gift card scams, as proposed in legislative bills numbers S.145-B and A.266-A, takes effect.
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A01009 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1009
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN  ACT  to  amend  the  general  business law, in relation to providing
          notice of potential scams when selling gift cards
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2-b of section 396-i of the general business
     2  law, as added by a chapter of the laws  of  2022  amending  the  general
     3  business  law relating to providing notice of potential scams when sell-
     4  ing gift cards, as proposed in legislative bills numbers S. 145-B and A.
     5  266-A, is amended to read as follows:
     6    2-b. (a) No person,  firm,  partnership,  association  or  corporation
     7  shall  sell a gift certificate to a purchaser unless the seller displays
     8  a conspicuous notice at or near where the gift certificate is  displayed
     9  or  at  or  near  the  physical location where the sale occurs, that (i)
    10  cautions the purchaser about prepaid card scams, and (ii) instructs  the
    11  purchaser on what to do if they suspect they might be a potential victim
    12  of such a scam.
    13    (b)  The consumer protection division, as established in section nine-
    14  ty-four-a of the executive law, shall create a model notice which  sell-
    15  ers  may  use  to comply with the requirements of this section and shall
    16  make such notice accessible to sellers including, but  not  limited  to,
    17  posting  such  notice on the consumer protection division's website in a
    18  format available for sellers to print and display.
    19    § 2. This act shall take effect on the  same  date  and  in  the  same
    20  manner  as  a  chapter of the laws of 2022 amending the general business
    21  law relating to providing notice of potential scams  when  selling  gift
    22  cards,  as  proposed in legislative bills numbers S. 145-B and A. 266-A,
    23  takes effect.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04305-01-3
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