HB473 (2017) Detail

Relative to the sale of gift certificates.


CHAPTER 105

HB 473 - FINAL VERSION

 

8Mar2017... 0310h

2017 SESSION

17-0099

05/04

 

HOUSE BILL 473

 

AN ACT relative to the sale of gift certificates.

 

SPONSORS: Rep. Hunt, Ches. 11; Rep. Williams, Hills. 4; Rep. Butler, Carr. 7; Rep. Ladd, Graf. 4; Rep. Spanos, Belk. 3; Sen. Watters, Dist 4; Sen. Reagan, Dist 17; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill:

 

I.  Increases the threshold above which merchants can sell gift cards with expiration dates from $100 to $250.

 

II.  Revises the definition of gift certificate by removing the requirement that it be in writing.

 

III.  Provides that gift certificates of $250 or less shall not be considered abandoned property under RSA 471-C.  

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0310h 17-0099

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the sale of gift certificates.

 

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

 

105:1   Consumer Protection Act; Acts Unlawful; Gift Certificates.   Amend RSA 358-A:2, XIII to read as follows:

XIII.   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.

105:2  Definition of Gift Certificate.  Amend RSA 358-A:1, IV-a to read as follows:

IV-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.

105:3  Custody and Escheat of Unclaimed and Abandoned Property; Gift Certificates and Store Credits.  Amend RSA 471-C:16 to read as follows:

471-C:16  Gift Certificates and Store Credits.  Notwithstanding any law to the contrary, gift certificates of [$100] $250 or less, and store credits that were issued for store merchandise credit, regardless of when issued, shall not be property presumed abandoned and shall not be subject to RSA 471-C or any other past or present law.  All gift certificates and store credits remitted to the state prior to January 1, [1998] 2018, and gift certificates and store credits that are properly determined to be reportable in any compliance audits initiated prior to January 1, [1998] 2018 and subsequently remitted, shall remain in the custody of the state unless and until returned to the owner.  This section shall not apply to season passes or coupons that are nonrefundable and nonredeemable.

105:4  Effective Date.  This act shall take effect January 1, 2018.

 

Approved: June 08, 2017

Effective Date: January 01, 2018

Links

HB473 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Feb. 8, 2017 House Exec Session
March 8, 2017 House Floor Vote
May 2, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB473 Revision: 1057 Date: June 12, 2017, 9:17 a.m.
HB473 Revision: 1058 Date: May 11, 2017, 1:50 p.m.
HB473 Revision: 1059 Date: March 10, 2017, 2:30 p.m.
HB473 Revision: 1060 Date: Jan. 27, 2017, 9:02 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Commerce and Consumer Affairs HJ 3 P. 14
Jan. 25, 2017 Public Hearing: 01/25/2017 02:00 PM LOB 302
Feb. 1, 2017 Subcommittee Work Session: 02/01/2017 09:00 AM LOB 303
Feb. 7, 2017 Subcommittee Work Session: 02/07/2017 10:00 AM LOB 302
Feb. 8, 2017 Executive Session: 02/08/2017 10:00 AM LOB 302
March 8, 2017 Committee Report: Ought to Pass with Amendment # 2017-0310h for 03/08/2017 (Vote 20-0; CC) HC 14 P. 7
March 8, 2017 Amendment # 2017-0310h: AA VV 03/08/2017 HJ 9 P. 13
March 8, 2017 Ought to Pass with Amendment 0310h: MA VV 03/08/2017 HJ 9 P. 13
March 9, 2017 Introduced 03/09/2017 and Referred to Commerce; SJ 9
May 2, 2017 Hearing: 05/02/2017, Room 100, SH, 01:00 pm; SC 18
May 11, 2017 Committee Report: Ought to Pass, 05/11/2017; Vote 5-0; CC; SC 22
May 11, 2017 Ought to Pass: MA, VV; OT3rdg; 05/11/2017; SJ 16
May 18, 2017 Enrolled (In recess 05/18/2017); SJ 18
May 18, 2017 Enrolled 05/18/2017 HJ 16 P. 9
June 8, 2017 Signed by Governor Sununu 06/08/2017; Chapter 105; Eff. 1/1/2018