What's happening
This bill increases penalties for fraudulent sales of patriotic items claiming to benefit veterans, raising fines and imprisonment terms.
Why it matters
Targets deceptive fundraising. By increasing penalties for fraudulent sales of patriotic items claiming to benefit veterans, the bill aims to deter individuals and organizations from exploiting public trust and the goodwill toward veterans for personal profit.
Protects legitimate veteran charities. Harsher consequences may help safeguard the reputation and fundraising efforts of legitimate organizations that actually support veterans, reducing public skepticism and donor fatigue caused by scams.
Strengthens consumer confidence. The law empowers consumers to trust that their purchases of items like poppies and flags for patriotic causes are genuinely benefiting veteran relief, reinforcing public participation in such charitable efforts.
Signals legislative priority. The bill reflects a commitment by lawmakers to address veteran-related fraud more seriously, potentially influencing public awareness and future policy discussions about protecting charitable giving.
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Who cares
Headline styles
Increase Fraudulent Sales Penalties
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1084
- Referred to consumer protection
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 Penalty for Patriotic Scams
In Assembly Committee · Codes · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8188
IN SENATE
April 16, 2018
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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.
Sponsor's memo
Title of bill
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
Purpose
To increase the penalty for the fraudulent sale of poppies, forget-me- nots, daisies, flags and other articles sold for patriotic purposes.
Summary of provisions
Section 1 -- Amends General Business Law section 396-h and increases the penalty for the fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes to a five hundred dollar fine or imprisonment for no more than six months for a first offense. Additionally, this portion of the bill also makes any second or subsequent violations of GBL section 396-h punishable by a fine of no more than $1,000, imprisonment for no more than one year, or both.
Justification
Throughout New York State, veterans' organizations for many years have raised funds through the sale of poppies, forget-me-nots, and other patriotic items. Anyone who fraudulently sells these items would be acting in a truly disrespectful manner to America's veterans. By increasing the penalties for those who would act in this manner, we can show our strong disapproval as well as demonstrate our state's commit- ment to veterans.
Legislative history
2007/08: A4451 Referred to Economic Development 2009/10: A7621 Referred to Codes 2011/12: A1561 Referred to Codes 2013/14: A4884 Reported Referred to Codes 2015/16: A7541 Referred to Codes
Fiscal implications
None
Local fiscal implications
None
Effective date
November 1st after enactment
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.