Senate BillIntroduced
S 6038: Prohibits the charging of membership fees during a state disaster emergency including when a consumer can demonstrate a financial hardship.
What S 6038 does, verified January 11, 2026
During a state disaster emergency, a business cannot charge a consumer for a contracted membership fee if the service has ceased, is impossible or illegal, or has frustrated the purpose of the contract. The consumer may also be exempt from paying the fee if they would experience financial hardship. Every violation of this rule is punishable by a civil penalty of up to $1000. This new rule does not restrict any existing rights under other laws.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO CONSUMER PROTECTION (2026-01-07)Alert me
Quick answers about S 6038
- What is the current status of S 6038?
- As of January 11, 2026, S 6038 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO CONSUMER PROTECTION".
- Did S 6038 pass?
- Not yet. S 6038 has been introduced and has not passed either house.
- Who wrote S 6038, and where is it now?
- S 6038 was authored by Sen. Kevin Parker. Its committee of record is Assembly Consumer Affairs & Protection.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO CONSUMER PROTECTION |
| Mar. 05, 2025 | REFERRED TO CONSUMER PROTECTION |
Latest bill textIntroduced version, March 5, 2025 · 300 words
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
Text of S 6038 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions