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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 342
BY SENATOR MARIONNEAUX
COMMERCIAL REGULATIONS. Provides relative to gift certificates. (8/15/10)
AN ACT1
To amend and reenact R.S. 51:1423(A), (D) and the introductory paragraph of (E), to enact2
R.S. 51:1423(F), and to repeal R.S. 51:1423(D)(3), relative to gift certificates; to3
provide for cash redemption of remaining value under a certain amount; to eliminate4
certain exemptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 51:1423(A), (D) and the introductory paragraph of (E) are hereby7
amended and reenacted and R.S. 51:1423(F) is hereby enacted to read as follows: 8
ยง1423. Deceptive trade practices; gift certificates; expiration date9
A. For purposes of this Section, the term "gift certificate" shall mean a10
writing identified as a gift certificate or gift card purchased by a buyer for use by a11
person not redeemable in cash, except as provided in this Section, and usable in its12
face amount in lieu of cash in exchange for goods or services supplied by the seller.13
A gift certificate or gift card shall include an electronic card with a banked dollar14
value, a merchandise credit, a certificate where the issuer has received payment for15
the full face value of the future purchase or delivery of goods or services and any16
other medium that evidences the giving of consideration in exchange for the right to17 SB NO. 342
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redeem the certificate, electronic card or other medium for goods, food, services,1
credit or money of at least an equal value.2
* * *3
D. The issuer shall redeem the remaining value of the gift certificate for4
cash if the remaining value is five dollars or less, upon request of the holder.5
E. The provisions of this Section shall not apply to any of the following gift6
certificates:7
* * *8
E. F. Any violation of this Section shall be a deceptive and unfair trade9
practice and shall subject the violator to any and all actions and penalties provided10
for in this Chapter.11
Section 2. R.S. 51:1423(D)(3) is hereby repealed.12
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Linda Nugent.
DIGEST
Marionneaux (SB 342)
Present law defines a "gift certificate" as a writing identified as a gift certificate or gift card
purchased by a buyer for use by a person not redeemable in cash and usable in its face
amount in lieu of cash in exchange for goods or services supplied by the seller. A gift
certificate or gift card includes an electronic card with a banked dollar value, a merchandise
credit, a certificate where the issuer has received payment for the full face value of the future
purchase or delivery of goods or services and any other medium that evidences the giving
of consideration in exchange for the right to redeem the certificate, electronic card or other
medium for goods, food, services, credit or money of at least an equal value.
Proposed law retains present law, but requires the issuer to redeem the remaining value of
the gift certificate for cash if the remaining value is $5.00 or less, upon request of the holder.
Present law provides that the relevant laws relating to gift certificates shall not apply to those
gift certificates that are usable with multiple sellers of goods or services. Proposed law
repeals present law.
Effective August 15, 2010.
(Amends R.S. 51:1423(A), (D), and (E)(intro para); adds R.S. 51:1423(F); repeals R.S.
51:1423(D)(3)) SB NO. 342
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Coding: Words which are struck through are deletions from existing law;
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill.
1. Removes exception in present law relating to gift certificates for those gift
certificates that are usable with multiple sellers of goods or services.