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The committee on Senate Ways and Means to whom was referred the Senate Bill relative to regulating gift cards, gift certificates and electronic wage cards (Senate, No. 2214), report recommending that the same ought to pass, with an amendment, substituting a new draft with the same title (Senate, No. 2442). Therese Murray, |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to further regulate the sale of gift certificates, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
SECTION 1. Section 1 of chapter 255D of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the definition of “gift certificate” and inserting in place thereof the following definition:-
“Gift certificate”, a writing identified as a gift certificate or gift card, including an electronic card, purchased by a buyer not redeemable in cash and usable in its face amount in lieu of cash in exchange for goods or services supplied by the seller or another seller as designated on the gift certificate or gift card. A gift certificate or gift card shall include an electronic card with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full face value for 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. A gift certificate shall not include pre-paid calling arrangements, as defined in section 1 of chapter 64H. Dormancy fees, latency fees, gratuities or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate or gift card are prohibited.
SECTION 2. Chapter 266 of the General Laws is hereby amended by inserting after section 75C the following section:-
Section 75D. Whoever sells or offers to sell a gift certificate, as defined in section 1 of chapter 255D, which imposes dormancy fees, latency fees, gratuities or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate shall be punished by a fine of not more than $300.