New York Senate Bill S06038 Latest Draft

   
  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