Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 10, 2012 |
referred to consumer affairs and protection |
Assembly Bill A10173
2011-2012 Legislative Session
Sponsored By
HEVESI
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
2011-A10173 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6815
- Current Committee:
- Assembly Consumer Affairs And Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §391-s, Gen Bus L
2011-A10173 (ACTIVE) - Summary
Requires all rebates to be provided by the retailer to a purchaser at the time of the purchase of the good or service to which the rebate applies; authorizes the retailer to determine and disclose in advertisements the method in which the rebate shall be provided; provides for a civil penalty of one hundred dollars for each violation.
2011-A10173 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10173 I N A S S E M B L Y May 10, 2012 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to requirements for rebates provided by retailers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 391-s to read as follows: S 391-S. REBATES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "REBATE" SHALL MEAN THE RETURN TO A PURCHASER OF ANY GOOD OR SERVICE OF ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE- TARY AMOUNT; (B) "MANUFACTURER'S REBATE" SHALL MEAN A REBATE ADVERTISED OR OFFERED BY OR ON BEHALF OF OR IN COOPERATION WITH A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD OR SERVICE ANY PORTION OF THE PURCHASE PRICE THER- EOF OR A SPECIFIC MONETARY AMOUNT. 2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND DIRECTLY RESPONSIBLE FOR THE FULFILLMENT OF SUCH REBATE SHALL REMIT SUCH REBATE TO THE PURCHASER AT THE TIME OF RETAIL PURCHASE OF THE GOOD OR SERVICE TO WHICH THE REBATE APPLIES. 3. THE RETAIL ESTABLISHMENT SHALL DETERMINE AND DISCLOSE IN ANY ADVER- TISEMENT OF THE REBATE THE METHOD BY WHICH THE REBATE SHALL BE REMITTED TO THE PURCHASER. 4. THE PROVISIONS OF SUBDIVISIONS TWO AND THREE OF THIS SECTION SHALL NOT APPLY WHEN A REBATE IS A MANUFACTURER'S REBATE AND IS ADVERTISED OR OTHERWISE DISCLOSED CONSPICUOUSLY AS SUCH. 5. ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OFFERING A REBATE WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE HUNDRED DOLLARS FOR EACH SUCH VIOLATION. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05604-10-2
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