House Study Bill 201 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED TREASURER OF
                                            STATE BILL)


    Passed Senate, Date                Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the issuance of gift cards and gift
  2    certificates, including providing for abandonment,
  3    establishing restrictions on fees and charges, prohibiting
  4    expiration dates and other restrictive terms, and making
  5    penalties applicable.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1215XD 82
  8 rn/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  555D.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Gift card" means an electronic payment instrument in
  1  5 the form of a plastic card or similar physical medium,
  1  6 commonly known as a stored value or prepaid card, in which the
  1  7 monetary value is recorded on the card itself or at a central
  1  8 database, and which represents a promise by the issuer of the
  1  9 card that consumer goods, services, or whatever else the
  1 10 issuer provides will be rendered to the bearer of the
  1 11 instrument in exchange for monetary value stated or stored on
  1 12 or credited to the instrument, but excludes a debit card
  1 13 linked to a deposit account in a banking or financial
  1 14 organization, a payroll debit card, a government benefit card,
  1 15 a flexible spending card, an insurance claim card, an employee
  1 16 reward card, a travel expense card, a transportation card, and
  1 17 similar electronic payment instruments.
  1 18    2.  "Gift certificate" means a payment instrument in paper
  1 19 or electronic form that represents the promise of the issuer
  1 20 of the certificate that goods, services, or whatever else the
  1 21 issuer provides will be rendered to the bearer of the
  1 22 certificate up to the value of the certificate in the amount
  1 23 of money stated on the face of the certificate.
  1 24    3.  "Issuer" means the retailer, merchant, or vendor who
  1 25 issued a gift card or gift certificate, or a provider of
  1 26 services, that has the obligation to accept the gift card or
  1 27 gift certificate as payment and deliver goods, provide
  1 28 services, or render whatever else may be purchased by the card
  1 29 or certificate.
  1 30    Sec. 2.  NEW SECTION.  555D.2  EXPIRATION DATES PROHIBITED
  1 31 == EXCEPTIONS.
  1 32    1.  Except as provided in subsection 2, an issuer of a gift
  1 33 card or gift certificate in this state shall not:
  1 34    a.  Issue a gift card or gift certificate that has an
  1 35 expiration date or enforce an expiration date against the
  2  1 bearer of a gift card or gift certificate.
  2  2    b.  Assess or deduct any charge or fee from the monetary
  2  3 value of a gift card or gift certificate, including but not
  2  4 limited to a service, maintenance, cash=out, reactivation,
  2  5 replacement card, dormancy, or inactivity fee.
  2  6    c.  If a transaction is made with a gift certificate for an
  2  7 amount that is less than the value of the certificate, fail or
  2  8 refuse to do one of the following:
  2  9    (1)  Pay the unused balance of the certificate's value to
  2 10 the bearer.
  2 11    (2)  Issue to the bearer a new card or certificate for the
  2 12 unused value.
  2 13    d.  If the remaining value of a gift card or gift
  2 14 certificate is less than five dollars, fail or refuse to
  2 15 redeem that card or certificate in cash for its remaining
  2 16 value on demand of the bearer.
  2 17    e.  If a gift card or gift certificate remains unused or
  2 18 unredeemed for more than three years after it was sold or
  2 19 issued, fail or refuse to administer the unused or unredeemed
  2 20 proceeds of the card or certificate in accordance with the
  2 21 provisions of chapter 556.
  2 22    2.  a.  A person or entity may enforce against the bearer
  2 23 an expiration date in a gift card or a gift certificate in
  2 24 circumstances where:
  2 25    (1)  The gift card or gift certificate is issued pursuant
  2 26 to an awards, loyalty, or promotional program or in other
  2 27 similar circumstances where no money or other thing of value
  2 28 is given in exchange for the card or certificate.
  2 29    (2)  The gift card or gift certificate is donated to a
  2 30 charitable organization without any money or other thing of
  2 31 value being given in exchange for the card or certificate and
  2 32 the charitable organization uses the card or certificate
  2 33 solely to provide its charitable services or for its
  2 34 fund=raising activities.
  2 35    b.  An expiration date displayed on a gift card or gift
  3  1 certificate which was issued or donated as described in
  3  2 paragraph "a", subparagraph (1) or (2), shall be disclosed
  3  3 clearly and legibly on the gift card or gift certificate in a
  3  4 location on the card or certificate where it is visible to any
  3  5 purchaser before purchasing the card or certificate, and shall
  3  6 be at least one year from the date the gift card or gift
  3  7 certificate is issued and delivered to the bearer.
  3  8    3.  The provisions of subsection 1 shall not apply to a
  3  9 gift card or gift certificate issued by a banking or financial
  3 10 organization, as defined in section 556.1, that is organized
  3 11 under the federal National Bank Act, 12 U.S.C. } 12, et seq.,
  3 12 or the federal Home Owners' Loan Act, 12 U.S.C. } 1461, et
  3 13 seq., if all of the following conditions are met:
  3 14    a.  The federal statutory law and regulations applicable to
  3 15 the gift card or gift certificate explicitly permit the
  3 16 banking or financial organization to issue the gift card or
  3 17 the gift certificate and to impose the expiration dates and
  3 18 the type and amount of service fees that the banking or
  3 19 financial organization imposes, in the manner in which the
  3 20 banking or financial organization has done so.
  3 21    b.  The banking or financial organization alone has the
  3 22 liability to the purchaser or bearer of the gift card or gift
  3 23 certificate to redeem the card or certificate.
  3 24    c.  The contractual relationship in regard to the gift card
  3 25 or the gift certificate is solely between the issuing banking
  3 26 or financial organization and the purchaser or bearer of the
  3 27 card or certificate.
  3 28    d.  Only the banking or financial organization establishes
  3 29 the terms and conditions of the gift card or gift certificate.
  3 30    e.  Only the banking or financial organization charges,
  3 31 retains, and profits from any fees associated with the gift
  3 32 card or gift certificate.
  3 33    Sec. 3.  NEW SECTION.  555D.3  PENALTIES.
  3 34    A violation of this chapter is an unlawful practice under
  3 35 section 714.16, and is additionally subject to the penalty
  4  1 provisions of section 537.5201.
  4  2    Sec. 4.  NEW SECTION.  556.8A  GIFT CARDS AND GIFT
  4  3 CERTIFICATES.
  4  4    1.  For purposes of this section, unless the context
  4  5 otherwise requires:
  4  6    a.  "Domicile" means the state of incorporation of an
  4  7 issuer that is a corporation and the state of the principal
  4  8 place of business of an issuer that is not a corporation.
  4  9    b.  "Gift card", "gift certificate", and "issuer"  mean the
  4 10 same as defined in section 555D.1.
  4 11    2.  A gift card or gift certificate that remains unused or
  4 12 unredeemed for more than three years after it was sold or
  4 13 issued is presumed abandoned unless the owner or bearer of
  4 14 that card or certificate has within three years either:
  4 15    a.  Increased or decreased the amount of the value stated
  4 16 or stored on, credited to, or represented by the card or
  4 17 certificate.
  4 18    b.  Communicated with the issuer of the card or certificate
  4 19 concerning the value of or the balance remaining on the card
  4 20 or certificate, in writing or by other means as shown in a
  4 21 contemporaneous record prepared by or on behalf of the issuer.
  4 22    3.  The proceeds of a gift card or gift certificate
  4 23 presumed abandoned is the monetary value of the card or
  4 24 certificate at the time that the card or certificate is
  4 25 presumed abandoned.
  4 26    4.  A gift card or gift certificate that is presumed
  4 27 abandoned is subject to the custody of the treasurer of state
  4 28 in any of the following circumstances:
  4 29    a.  The last known address of the purchaser or bearer of
  4 30 the card or certificate, as shown on the records of the
  4 31 issuer, is in this state.
  4 32    b.  The records of the issuer do not show the identity of
  4 33 the purchaser or bearer of the card or certificate, but it is
  4 34 established that the last known address of the purchaser or
  4 35 bearer is in this state.
  5  1    c.  The records of the issuer of the card or certificate do
  5  2 not show any last known address of the purchaser or bearer and
  5  3 the issuer is domiciled in this state.
  5  4    d.  The records of the issuer show that the last known
  5  5 address of the purchaser or bearer is in a state that does not
  5  6 provide for the escheat or custodial taking of a gift card or
  5  7 gift certificate or is in a foreign country and the issuer is
  5  8 domiciled in this state.
  5  9    e.  The records of the seller or issuer show that the gift
  5 10 card or gift certificate was purchased or issued in this
  5 11 state, the issuer is domiciled in a state that does not
  5 12 provide for the escheat or custodial taking of a gift card or
  5 13 gift certificate, and the last known address of the purchaser
  5 14 or bearer is unknown or in a state that does not provide for
  5 15 the escheat or custodial taking of a gift card or gift
  5 16 certificate.
  5 17    5.  The expiration of any period of time for the use or
  5 18 redemption of a gift card or gift certificate issued in a
  5 19 state permitting an expiration date shall not prevent an
  5 20 unused or unredeemed gift card or gift certificate from being
  5 21 presumed abandoned and shall not affect the duty of the issuer
  5 22 to report and deliver the proceeds of those unused cards or
  5 23 unredeemed certificates to the treasurer of state as provided
  5 24 in this chapter.
  5 25    6.  An issuer may redeem a gift card or gift certificate
  5 26 after that card or certificate was presumed abandoned and the
  5 27 proceeds delivered into the custody of the treasurer of state,
  5 28 and the treasurer of state shall reimburse the issuer as
  5 29 provided in section 556.14, subsection 4.
  5 30    7.  It shall be contrary to public policy for an issuer to
  5 31 organize or form a subsidiary business entity to be the issuer
  5 32 of its gift cards or gift certificates if doing so would
  5 33 result in a disposition of unused or unredeemed gift cards or
  5 34 gift certificates other than as provided in this section and
  5 35 subject to the custody of the treasurer of state.
  6  1    8.  This section shall not apply to the following gift
  6  2 cards and gift certificates:
  6  3    a.  Gift cards or gift certificates issued pursuant to an
  6  4 awards, loyalty, or promotional program or in other similar
  6  5 circumstances where no money or other thing of value is given
  6  6 in exchange for the card or certificate.
  6  7    b.  Gift cards or gift certificates donated to a charitable
  6  8 organization without any money or other thing of value being
  6  9 given in exchange for the card or certificate and the
  6 10 charitable organization uses the card or certificate solely to
  6 11 provide its charitable services or for its fund=raising
  6 12 activities.
  6 13    9.  This section does not relieve an issuer of an
  6 14 obligation arising prior to the effective date of this Act to
  6 15 report and pay the proceeds of an unused gift card or an
  6 16 unredeemed gift certificate to the treasurer of state.
  6 17    Sec. 5.  Section 556.9, subsection 2, Code 2007, is amended
  6 18 by striking the subsection.
  6 19                           EXPLANATION
  6 20    This bill relates to the issuance of gift cards and gift
  6 21 certificates, and the circumstances under which they shall be
  6 22 considered unclaimed property.
  6 23    The bill defines a "gift card" as an electronic payment
  6 24 instrument in the form of a plastic card or similar physical
  6 25 medium, in which the monetary value is recorded on the card or
  6 26 at a central database, and which represents a promise by the
  6 27 issuer of the card that consumer goods, services, or whatever
  6 28 else the issuer provides will be rendered to the bearer of the
  6 29 instrument in exchange for the monetary value of other
  6 30 electronic payment instruments from the definition.  The bill
  6 31 defines a "gift certificate" as a payment instrument in paper
  6 32 or electronic form that represents the promise of the issuer
  6 33 of the certificate that goods, services, or whatever else the
  6 34 issuer provides will be rendered to the bearer of the
  6 35 certificate up to the value of the certificate.
  7  1    The bill prohibits the issuance of a gift card or gift
  7  2 certificate in Iowa that has an expiration date or the
  7  3 enforcing of an expiration date against the bearer of a gift
  7  4 card or gift certificate.  The bill also prohibits assessing
  7  5 or deducting any charge or fee from the monetary value of a
  7  6 gift card or a gift certificate, including but not limited to
  7  7 a service, maintenance, cash=out, reactivation, replacement
  7  8 card, dormancy, or inactivity fee.  Additionally, an issuer
  7  9 may not fail or refuse to pay the unused balance or issue a
  7 10 new card or certificate for that balance if a transaction is
  7 11 made with a gift certificate for an amount that is less than
  7 12 the value of the certificate, fail or refuse to redeem a card
  7 13 or certificate in cash for a remaining value of less than five
  7 14 dollars, or fail or refuse to administer a card or certificate
  7 15 which remains unused or unredeemed for more than three years
  7 16 after it was sold or issued in accordance with the unclaimed
  7 17 property provisions of Code chapter 556.
  7 18    The bill provides for exceptions to the prohibition against
  7 19 expiration dates.  The bill provides that a gift card or gift
  7 20 certificate may be issued with an expiration date if issued
  7 21 pursuant to an awards, loyalty, or promotional program or
  7 22 similar circumstances where no money or other thing of value
  7 23 is given in exchange for the card or certificate, or if
  7 24 donated to a charitable organization without any money or
  7 25 other thing of value being given in exchange for the card or
  7 26 certificate and the charitable organization uses the card or
  7 27 certificate solely to provide its charitable services or for
  7 28 its fund=raising activities.  In either of these situations,
  7 29 the bill provides that an expiration date shall be disclosed
  7 30 clearly and legibly on the gift card or gift certificate and
  7 31 that the expiration date shall be at least one year from the
  7 32 date the gift card or gift certificate is issued and delivered
  7 33 to the bearer.
  7 34    The bill also specifies that the prohibition shall not
  7 35 extend to a gift card or gift certificate issued by a banking
  8  1 or financial organization organized under the federal National
  8  2 Bank Act or the federal Home Owners' Loan Act, if several
  8  3 specified conditions are met.
  8  4    The bill prescribes that an issuer in violation of these
  8  5 provisions shall be subject to the consumer fraud provisions
  8  6 of Code section 716.14, and shall additionally be subject to a
  8  7 civil action under Code section 537.5201 in which actual
  8  8 damages may be recovered and a penalty assessed in an amount
  8  9 not less than $100 nor more than $1,000 per violation.
  8 10    With reference to Code chapter 556, the bill provides that
  8 11 a gift card or gift certificate that remains unused or
  8 12 unredeemed for more than three years after it was sold or
  8 13 issued is presumed abandoned unless the owner or bearer has
  8 14 within the three years either increased or decreased the
  8 15 amount of the value stated or stored on, credited to, or
  8 16 represented by the card or certificate; or communicated with
  8 17 the issuer of the card or certificate concerning the value of
  8 18 or the balance remaining on the card or certificate.  If
  8 19 presumed abandoned, the bill states that the proceeds of a
  8 20 gift card or certificate shall be the monetary value of the
  8 21 card or certificate at the time that it is presumed abandoned.
  8 22 The bill specifies the various instances in which the
  8 23 treasurer of state shall assume custody of the gift card or
  8 24 certificate presumed abandoned, and provides that an issuer
  8 25 may redeem a gift card or gift certificate after that card or
  8 26 certificate was presumed abandoned and the proceeds delivered
  8 27 into the custody of the treasurer of state, with reimbursement
  8 28 by the treasurer of state.  The bill states that an issuer
  8 29 shall not form a subsidiary business entity to be the issuer
  8 30 of its gift cards or gift certificates if doing so would
  8 31 result in a disposition of unused or unredeemed gift cards or
  8 32 gift certificates other than as provided in the bill and
  8 33 subject to the custody of the treasurer of state.  The bill
  8 34 provides an exception from these unclaimed property provisions
  8 35 for gift cards or certificates issued pursuant to an awards,
  9  1 loyalty, or promotional program or donated to a charitable
  9  2 organization.  The bill states that the new provisions
  9  3 relating to Code chapter 556 do not relieve an issuer of an
  9  4 obligation arising prior to the effective date of the bill to
  9  5 report and pay the proceeds of an unused gift card or an
  9  6 unredeemed gift certificate to the treasurer of state.
  9  7    The bill repeals a provision in Code chapter 556 which
  9  8 currently permits the deduction from the face value of a gift
  9  9 certificate a charge imposed due to the failure of the owner
  9 10 of the gift certificate to present the gift certificate in a
  9 11 timely manner if a valid and enforceable written contract
  9 12 exists between the issuer and the owner of the gift
  9 13 certificate and the issuer regularly imposes such charges and
  9 14 does not regularly reverse or otherwise cancel them.
  9 15 LSB 1215XD 82
  9 16 rn:nh/gg/14.2