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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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