New York S 6038: Prohibits the charging of membership fees during a state disaster emergency

Bill Text

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S06038 Summary:

BILL NOS06038 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add 399-vv, Gen Bus L

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Prohibits the charging of membership fees during a state disaster emergency including when a consumer can demonstrate a financial hardship.

Go to top S06038 Actions:

BILL NOS06038 

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03/05/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS06038 Committee&nbspVotes:

Go to topS06038 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06038 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6038

 2025-2026 Regular Sessions

 IN SENATE

 March 5, 2025
 ___________

 Introduced by Sen. PARKER -- 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 prohibiting the
 charging of membership fees during a state disaster emergency

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 399-vv to read as follows:
 3 § 399-vv. Prohibition of membership fee charges. 1. During a state
 4 disaster emergency, declared pursuant to article two-B of the executive
 5 law, no person, partnership, corporation, association or other business
 6 entity shall charge a consumer any contracted membership fee when, due
 7 to such state disaster emergency:
 8 (a) the contracted service has ceased, partially or fully;
 9 (b) the contracted service has been rendered impossible or illegal;
 10 (c) the non-use of a facility or premises, or the non-rendering or the
 11 non-use of a contracted service, has frustrated the purpose of the
 12 contract; or
 13 (d) a consumer would experience and demonstrates financial hardship if
 14 such consumer were to pay such membership fee.
 15 2. Every violation of this section shall be punishable by a civil
 16 penalty not to exceed one thousand dollars.
 17 3. Nothing in this section shall be construed to restrict any right
 18 which any person may have under any other statute or the common law.
 19 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10584-01-5

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