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A3426Assembly2017-2018 SessionSame asS8188

Increase Penalty for Patriotic Scams

Official title

“Increases the penalty for the fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes”

Sponsor Felix OrtizAD-51+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill increases penalties and updates language for fraudulent sales of items claimed to benefit veteran relief organizations.

Why it matters

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Felix Ortiz

Assembly Member · Assembly District 51

History

  1. Referred to codes
  2. Reported referred to codes
  3. 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.

S8188Senate

Increase Fraudulent Sales Penalties

In Senate Committee · Rules · Sponsor Robert Ortt

Impact 3 · Low0% to pass

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.