Assembly Bill A10270

Signed By Governor
2019-2020 Legislative Session

Relates to price gouging

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8189 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10270 (ACTIVE) - Details

See Senate Version of this Bill:
S8189
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L

2019-A10270 (ACTIVE) - Summary

Relates to price gouging; prohibits price gouging for essential medical supplies and services and any other essential goods and services used to promote the health or welfare of the public.

2019-A10270 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10270
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to price gouging
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  396-r of the general business law, as amended by
 chapter 510 of the laws of 1998, subdivision 4 as amended by chapter 224
 of the laws of 2008, is amended to read as follows:
   § 396-r. Price gouging. 1. Legislative findings and  declaration.  The
 legislature  hereby  finds that during periods of abnormal disruption of
 the market caused by strikes, power failures, severe shortages or  other
 extraordinary  adverse  circumstances,  some parties within the chain of
 distribution of [consumer] goods have taken unfair advantage of [consum-
 ers] THE PUBLIC by  charging  grossly  excessive  prices  for  essential
 [consumer] goods and services.
   In  order to prevent any party within the chain of distribution of any
 [consumer] goods from taking unfair advantage of [consumers] THE  PUBLIC
 during abnormal disruptions of the market, the legislature declares that
 the  public  interest  requires that such conduct be prohibited and made
 subject to civil penalties.
   2. During any abnormal disruption of the market for  [consumer]  goods
 and  services  vital and necessary for the health, safety and welfare of
 consumers OR THE GENERAL PUBLIC, no party within the chain  of  distrib-
 ution  of  such [consumer] goods or services or both shall sell or offer
 to sell any such goods or services or both for an amount  which  repres-
 ents  an  unconscionably  excessive price. For purposes of this section,
 the phrase "abnormal disruption of the market" shall mean any change  in
 the  market,  whether  actual  or  imminently threatened, resulting from
 stress of weather, convulsion of nature, failure or shortage of electric
 power or other source of energy, strike, civil disorder,  war,  military
 action,  national  or  local  emergency,  or  other cause of an abnormal
 disruption of the market which results in the declaration of a state  of
 emergency  by  the  governor. For the purposes of this section, the term
 [consumer] goods and services shall [mean those]  INCLUDE  (A)  CONSUMER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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