Sub. S. B. No. 33 As Passed by the House

Senators Spada, Jacobson, Amstutz, Schuler, Mumper, Armbruster, Dann, Zurz

Representatives Webster, Hagan, Allen, Healy, Patton, T., Daniels, Stewart, D., Coley, Smith, G., Book, Brown, Cassell, Chandler, Combs, DeBose, DeGeeter, Distel, Domenick, Driehaus, Evans, C., Fende, Fessler, Flowers, Garrison, Gilb, Harwood, Hughes, Key, Koziura, Mason, McGregor, J., Miller, Mitchell, Oelslager, Otterman, Patton, S., Raussen, Reidelbach, Sayre, Seaver, Setzer, Skindell, Ujvagi, Williams, Yuko

A BILL
To enact section 1349.61 of the Revised Code to 1
prohibit the sale of a gift card that has an 2
expiration date that is less than two years after 3
the date the gift card is issued and to prohibit, 4
for two years after issuance, any service charges 5
or fees having the effect of reducing the value of 6
the gift card. 7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 1349.61 of the Revised Code be 8
enacted to read as follows: 9

       Sec. 1349.61. (A)(1) Subject to division (C) of this 10
section, no person or entity shall sell a gift card to a purchaser 11
containing an expiration date that is less than two years after 12
the date the gift card is issued. 13

       (2) No person or entity, within two years after a gift card 14
is issued, shall charge service charges or fees relative to that 15
gift card, including dormancy fees, latency fees, or 16
administrative fees, that have the effect of reducing the total 17
amount for which the holder of the gift card may redeem the gift 18
card. 19

       (B) A gift card sold without an expiration date is valid 20
until redeemed or replaced with a new gift card. 21

       (C) Division (A) of this section does not apply to any of the 22
following gift cards: 23

       (1) A gift card that is distributed by the issuer to a 24
consumer pursuant to an awards, loyalty, or promotional program 25
without any money or anything of value being given in exchange for 26
the gift card by the consumer; 27

       (2) A gift card that is sold below face value at a volume 28
discount to employers or to nonprofit and charitable organizations 29
for fundraising purposes, if the expiration date on that gift card 30
is not more than thirty days after the date of sale; 31

       (3) A gift card that is sold by a nonprofit or charitable 32
organization for fundraising purposes; 33

       (4) A gift card that an employer gives to an employee if use 34
of the gift card is limited to the employer's business 35
establishment, which may include a group of merchants that are 36
affiliated with that business establishment; 37

       (5) A gift certificate issued in accordance with section 38
1533.131 of the Revised Code that may be used to obtain hunting 39
and fishing licenses, fur taker, special deer, and special wild 40
turkey permits, and wetlands habitat stamps; 41

       (6) A gift card that is usable with multiple, unaffiliated 42
sellers of goods or services; 43

       (7) A gift card that an employer issues to an employee in 44
recognition of services performed by the employee. 45

       (D) Whoever violates division (A)(2) of this section is 46
liable to the holder for any amount that the redemption value of 47
the gift card was reduced, any court costs incurred, and 48
reasonable attorney's fees. 49

       (E) As used in this section: 50

       (1) "Gift card" means a certificate, electronic card, or 51
other medium issued by a merchant that evidences the giving of 52
consideration in exchange for the right to redeem the certificate, 53
electronic card, or other medium for goods, food, services, 54
credit, or money of at least an equal value, including any 55
electronic card issued by a merchant with a monetary value where 56
the issuer has received payment for the full monetary value for 57
the future purchase or delivery of goods or services and any 58
certificate issued by a merchant where the issuer has received 59
payment for the full monetary face value of the certificate for 60
the future purchase or delivery of goods and services. "Gift card" 61
does not include a prepaid calling card used to make telephone 62
calls. 63

       (2) "Employer" and "employee" have the same meanings as in 64
section 4121.01 of the Revised Code. 65

Section 1. That section 1349.61 of the Revised Code be	8
enacted to read as follows:	9

Sec. 1349.61. (A)(1) Subject to division (C) of this	10
section, no person or entity shall sell a gift card to a purchaser	11
containing an expiration date that is less than two years after	12
the date the gift card is issued.	13

(2) No person or entity, within two years after a gift card	14
is issued, shall charge service charges or fees relative to that	15
gift card, including dormancy fees, latency fees, or	16
administrative fees, that have the effect of reducing the total	17
amount for which the holder of the gift card may redeem the gift	18
card.	19

(B) A gift card sold without an expiration date is valid	20
until redeemed or replaced with a new gift card.	21

(C) Division (A) of this section does not apply to any of the	22
following gift cards:	23

(1) A gift card that is distributed by the issuer to a	24
consumer pursuant to an awards, loyalty, or promotional program	25
without any money or anything of value being given in exchange for	26
the gift card by the consumer;	27

(2) A gift card that is sold below face value at a volume	28
discount to employers or to nonprofit and charitable organizations	29
for fundraising purposes, if the expiration date on that gift card	30
is not more than thirty days after the date of sale;	31

(3) A gift card that is sold by a nonprofit or charitable	32
organization for fundraising purposes;	33

(4) A gift card that an employer gives to an employee if use	34
of the gift card is limited to the employer's business	35
establishment, which may include a group of merchants that are	36
affiliated with that business establishment;	37

(5) A gift certificate issued in accordance with section	38
1533.131 of the Revised Code that may be used to obtain hunting	39
and fishing licenses, fur taker, special deer, and special wild	40
turkey permits, and wetlands habitat stamps;	41

(6) A gift card that is usable with multiple, unaffiliated	42
sellers of goods or services;	43

(7) A gift card that an employer issues to an employee in	44
recognition of services performed by the employee.	45

(D) Whoever violates division (A)(2) of this section is	46
liable to the holder for any amount that the redemption value of	47
the gift card was reduced, any court costs incurred, and	48
reasonable attorney's fees.	49

(1) "Gift card" means a certificate, electronic card, or	51
other medium issued by a merchant that evidences the giving of	52
consideration in exchange for the right to redeem the certificate,	53
electronic card, or other medium for goods, food, services,	54
credit, or money of at least an equal value, including any	55
electronic card issued by a merchant with a monetary value where	56
the issuer has received payment for the full monetary value for	57
the future purchase or delivery of goods or services and any	58
certificate issued by a merchant where the issuer has received	59
payment for the full monetary face value of the certificate for	60
the future purchase or delivery of goods and services. "Gift card"	61
does not include a prepaid calling card used to make telephone	62
calls.	63

(2) "Employer" and "employee" have the same meanings as in	64
section 4121.01 of the Revised Code.	65