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