Senate Bill S1939

2013-2014 Legislative Session

Requires retailer rebates to be provided by the retailer to a consumer at the time of purchase

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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2013-S1939 (ACTIVE) - Details

See Assembly Version of this Bill:
A4318
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2358, A5472
2011-2012: S2687, A7635

2013-S1939 (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.

2013-S1939 (ACTIVE) - Sponsor Memo

2013-S1939 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1939

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  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 A MANUFACTURER RETURNING TO A PURCHASER OF ANY GOOD
OR SERVICE ANY PORTION OF THE PURCHASE PRICE THEREOF OR A SPECIFIC MONE-
TARY AMOUNT.
  2. ANY RETAIL ESTABLISHMENT OFFERING A REBATE AND RESPONSIBLE FOR  THE
FINANCING 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  September  next
succeeding the date on which it shall have become a law.

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