What's happening
This bill increases penalties and updates language for fraudulent sales of items claimed to benefit veteran relief organizations.
Why it matters
Significantly increases financial penalties. for those caught fraudulently selling items under the pretense of benefiting veteran relief organizations—raising the maximum fine for a first offense from $50 to $500, and introducing a new higher penalty of up to $1,000 for repeat offenders.
Targets deceptive fundraising. by imposing stricter consequences on individuals or businesses that exploit patriotic symbols and causes (like poppies or flags) to mislead the public and divert money from legitimate veteran support organizations.
Modernizes and clarifies legal language. by updating references (from "social welfare law" to "social services law") and making the statute gender-inclusive, which may help ensure more accurate enforcement and reflect current legal standards.
Aims to better protect charitable giving and veterans’ organizations. by deterring scams and reinforcing public trust that donations made through patriotic item sales will actually support the intended veteran relief efforts.
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Who cares
Headline styles
Increase Penalty for Patriotic Scams
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Reported referred to codes
- Referred to economic development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Fraudulent Sales Penalties
In Senate Committee · Rules · Sponsor Robert Ortt
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3426
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. ORTIZ, MAGEE, SCHIMMINGER -- read once and referred to the Committee on Economic Development
AN ACT to amend the general business law, in relation to the fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 396-h of the general business law, as added by chapter 1031 of the laws of 1965 and as renumbered by chapter 815 of the laws of 1973, is amended to read as follows:
§ 396-h. Fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes. Any person, whether a veteran soldier, sailor, marine or army nurse, or otherwise, who in the promotion of his or her own interests, or to derive personal pecuniary benefit, gain or profit, for himself or herself or for any person, firm or corporation other than an organization expressly designated and authorized to administer veteran relief by the provisions of section one hundred sixty-eight of the social [welfare] services law, sells or offers to sell poppies, forget-me-nots, daisies, flags or other articles sold for patriotic purposes, while claiming that such sale or offer to sell is made as agent of, or for the benefit of such organization authorized to administrate veteran relief, for a first offense is guilty of a misdemeanor, punishable by a fine of not more than [fifty] five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment, and for a second or subsequent offense is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
§ 2. This act shall take effect on the first of November next succeeding 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.
LBD08314-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.