Senate File 2372 - Introduced



                                  SENATE FILE       
                                  BY  COMMITTEE ON COMMERCE

                                  (SUCCESSOR TO SF 2091)


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

                                      A BILL FOR

  1 An Act relating to the issuance or redemption of gift
  2    certificates, establishing restrictions on fees and charges,
  3    prohibiting expiration dates, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5597SV 82
  6 rn/nh/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  555D.1  DEFINITION.
  1  2    1.  As used in this chapter, unless the context otherwise
  1  3 requires, "gift certificate" means a writing, instrument,
  1  4 record, or other tangible medium of expression generally
  1  5 purchased by a buyer for use by a person other than the buyer,
  1  6 or for use by the buyer at a later date, for the purchase of
  1  7 goods, property, services, or other consideration sold or
  1  8 provided by the seller or issuer and includes but is not
  1  9 limited to all of the following:
  1 10    a.  An electronic card with a stored dollar value.
  1 11    b.  A merchandise credit.
  1 12    c.  A certificate or card exchangeable for the full face
  1 13 value of a future purchase or delivery of goods, property,
  1 14 services, or any other consideration.
  1 15    d.  Any other medium that evidences a grant of
  1 16 consideration in exchange for the right to redeem the
  1 17 certificate for goods, property, services, credit, or money of
  1 18 at least an equal value as that of the certificate.
  1 19    2.  "Gift certificate" excludes any electronic card, or
  1 20 other medium issued or sold by federally insured financial
  1 21 institutions or their affiliates or operating subsidiaries,
  1 22 which can be used at multiple sellers of goods and services
  1 23 provided any expiration date and associated fees are
  1 24 disclosed.
  1 25    Sec. 2.  NEW SECTION.  555D.2  GIFT CERTIFICATES == FEES ==
  1 26 EXPIRATION DATES == VIOLATIONS.
  1 27    1.  A gift certificate shall be redeemable for its full
  1 28 value.  A seller, issuer, or holder of a gift certificate may
  1 29 not do any of the following:
  1 30    a.  Assess, charge, or deduct a fee or other charge from or
  1 31 with respect to a gift certificate.
  1 32    b.  Sell or issue a gift certificate that includes, bears,
  1 33 or is otherwise subject to an expiration date.
  1 34    c.  Impose any other term or condition on a gift
  1 35 certificate that would limit the ability of the owner to
  2  1 redeem the gift certificate for its full value.
  2  2    2.  A violation of this section is an unlawful practice
  2  3 under section 714.16.
  2  4    Sec. 3.  NEW SECTION.  555D.3  EXPIRATION DATES AND FEES ==
  2  5 EXCEPTIONS.
  2  6    1.  A person or entity may enforce against the owner of a
  2  7 gift certificate an expiration date in a gift certificate, and
  2  8 may assess or deduct any charge or fee from the monetary value
  2  9 of a gift certificate, including but not limited to a service,
  2 10 maintenance, cash=out, reactivation, replacement card,
  2 11 dormancy, or inactivity fee, in any of the following
  2 12 circumstances:
  2 13    a.  The gift certificate is issued pursuant to an awards,
  2 14 loyalty, or promotional program or in other similar
  2 15 circumstance where no money or other thing of value is given
  2 16 in exchange for the certificate.
  2 17    b.  The gift certificate is donated to a charitable
  2 18 organization without any money or other thing of value being
  2 19 given in exchange for the certificate and the charitable
  2 20 organization uses the certificate solely to provide its
  2 21 charitable services or for its fund=raising activities.
  2 22    2.  An expiration date or fee displayed on a gift
  2 23 certificate which was issued or donated as provided in
  2 24 subsection 1 shall be disclosed clearly and legibly on the
  2 25 gift certificate in a location where it is visible to any
  2 26 purchaser before purchasing the certificate, and any such
  2 27 expiration date shall be at least one year from the date the
  2 28 gift certificate is issued and delivered to the owner.
  2 29    Sec. 4.  Section 556.1, Code Supplement 2007, is amended by
  2 30 adding the following new subsection:
  2 31    NEW SUBSECTION.  4A.  "Gift certificate" means a writing,
  2 32 instrument, record, or other tangible medium of expression
  2 33 generally purchased by a buyer for use by a person other than
  2 34 the buyer, or for use by the buyer at a later date, for the
  2 35 purchase of goods, property, services, or other consideration
  3  1 sold or provided by the seller or issuer and includes but is
  3  2 not limited to all of the following:
  3  3    a.  An electronic card with a stored or banked dollar
  3  4 value.
  3  5    b.  A merchandise credit.
  3  6    c.  A certificate or card exchangeable for the full face
  3  7 value of a future purchase or delivery of goods, property,
  3  8 services, or any other consideration.
  3  9    d.  Any other medium that evidences a grant of
  3 10 consideration in exchange for the right to redeem the
  3 11 certificate for goods, property, services, credit, or money of
  3 12 at least an equal value as that of the certificate.
  3 13    Sec. 5.  Section 556.9, subsection 2, Code 2007, is amended
  3 14 by striking the subsection.
  3 15                           EXPLANATION
  3 16    This bill relates to the issuance of gift certificates.
  3 17 The bill provides a definition of gift certificate, which
  3 18 includes a writing or instrument usable for the purchase of
  3 19 goods, property, or services sold or provided by the seller or
  3 20 issuer of the gift certificate, and excludes any electronic
  3 21 card or other medium issued or sold by federally insured
  3 22 financial institutions which can be used at multiple sellers
  3 23 of goods or services, provided expiration dates and fees are
  3 24 disclosed.  The bill provides that a gift certificate shall be
  3 25 redeemable for its full value and prohibits a seller, issuer,
  3 26 or holder of a gift certificate from assessing any fee or
  3 27 charge against the value of the certificate or selling or
  3 28 issuing a certificate with an expiration date.  Further, the
  3 29 bill prohibits a seller, issuer, or holder from imposing any
  3 30 other term or condition that limits the ability of the owner
  3 31 to redeem the gift certificate for its full value.  The bill
  3 32 provides an exception to these prohibitions when a certificate
  3 33 is issued pursuant to a promotional program or for charitable
  3 34 fund=raising and no money or other thing of value is given in
  3 35 exchange for it.  The bill prescribes that an issuer in
  4  1 violation of these provisions shall be subject to the consumer
  4  2 fraud provisions of Code section 714.16.
  4  3    The bill repeals a provision in Code chapter 556, dealing
  4  4 with unclaimed property, which currently permits the deduction
  4  5 from the face value of a gift certificate of a charge imposed
  4  6 due to the failure of the owner of the certificate to present
  4  7 it in a timely manner, provided that a valid and enforceable
  4  8 written contract exists between the issuer and the owner of
  4  9 the gift certificate and the issuer regularly imposes such
  4 10 charges and does not regularly reverse or otherwise cancel
  4 11 them.
  4 12 LSB 5597SV 82
  4 13 rn/nh/5