Bill Text - SB403 (2016)

Relative to the sale of gift certificates with expiration dates.


Revision: March 8, 2016, midnight

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SB 403  - AS AMENDED BY THE SENATE

03/03/2016   0578s

2016 SESSION

\t16-2819

\t05/06

 

SENATE BILL\t403

 

AN ACT\trelative to the sale of gift certificates with expiration dates.

 

SPONSORS:\tSen. Forrester, Dist 2; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. Daniels, Dist 11; Sen. Reagan, Dist 17; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Rep. Hunt, Ches. 11; Rep. Ladd, Graf. 4; Rep. Spanos, Belk. 3

 

COMMITTEE:\tCommerce

 

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AMENDED ANALYSIS

 

\tThis bill prohibits the sale of gift certificates with expiration dates if the face value of the certificate is $250 or less. The bill also excludes prepaid telecommunications and technology cards from the definition of gift certificate under the Consumer Protection Act.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/03/2016   0578s

\t16-2819

\t05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the sale of gift certificates with expiration dates.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Consumer Protection Act; Acts Unlawful; Gift Certificates.  Amend RSA 358-A:2, XIII to read as follows:

\t\tXIII.  Selling gift certificates having a face value of [$100] $250 or less to purchasers which contain expiration dates.  Gift certificates having a face value in excess of [$100] $250 shall expire when escheated to the state as abandoned property pursuant to RSA 471-C.  Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited.  This paragraph shall not apply to season passes.

\t2  Definition of Gift Certificate.  Amend RSA 358-A:1, IV-a to read as follows:

\t\tIV-a.  "Gift certificate'' means a written promise given in exchange for payment to provide the bearer, upon presentation, goods or services in a specified amount. Gift certificate shall not include a prepaid telecommunications or technology card that is purchased for retail use or provided on a promotional basis.

\t3  Effective Date.  This act shall take effect January 1, 2017.