Bill Text: NY A03426 | 2017-2018 | General Assembly | Introduced


Bill Title: Increases the penalty for the fraudulent sale of poppies, forget-me-nots, daisies, flags and other articles sold for patriotic purposes.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03426 Detail]

Download: New_York-2017-A03426-Introduced.html


                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  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  396-h  of  the general business law, as added by
     2  chapter 1031 of the laws of 1965 and as renumbered by chapter 815 of the
     3  laws of 1973, is amended to read as follows:
     4    § 396-h. Fraudulent sale of poppies,  forget-me-nots,  daisies,  flags
     5  and  other  articles sold for patriotic purposes.  Any person, whether a
     6  veteran soldier, sailor, marine or army nurse, or otherwise, who in  the
     7  promotion  of  his or her own interests, or to derive personal pecuniary
     8  benefit, gain or profit, for himself or herself or for any person,  firm
     9  or  corporation  other  than  an  organization  expressly designated and
    10  authorized to administer veteran relief by the provisions of section one
    11  hundred sixty-eight of the  social  [welfare]  services  law,  sells  or
    12  offers to sell poppies, forget-me-nots, daisies, flags or other articles
    13  sold  for  patriotic purposes, while claiming that such sale or offer to
    14  sell is made as agent of,  or  for  the  benefit  of  such  organization
    15  authorized to administrate veteran relief, for a first offense is guilty
    16  of  a  misdemeanor,  punishable  by a fine of not more than [fifty] five
    17  hundred dollars or by imprisonment for not more than six months,  or  by
    18  both  such fine and imprisonment, and for a second or subsequent offense
    19  is guilty of a misdemeanor, punishable by a fine of not  more  than  one
    20  thousand  dollars  or  by imprisonment for not more than one year, or by
    21  both such fine and imprisonment.
    22    § 2. This act shall take effect on the first of November next succeed-
    23  ing 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
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