NY State Assembly Bill 2011-A8801C

Archive: Last Bill Status - In Senate Committee Rules Committee

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	referred to rules delivered to senate passed assembly
Jun 20, 2012	ordered to third reading rules cal.476 rules report cal.476 reported reported referred to rules
May 31, 2012	reported referred to codes
May 22, 2012	print number 8801c
May 22, 2012	amend and recommit to consumer affairs and protection
Feb 13, 2012	print number 8801b
Feb 13, 2012	amend and recommit to consumer affairs and protection
Jan 26, 2012	print number 8801a
Jan 26, 2012	amend (t) and recommit to consumer affairs and protection
Jan 04, 2012	referred to consumer affairs and protection

Bill Amendments

Original

C (Active)

co-Sponsors

2011-A8801 - Details

See Senate Version of this Bill:: S6514
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A3751, S2138
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2011-A8801 - Summary

Relates to price gouging of medicine and provides for a private right of action for persons injured by the price gouging of medicine.

2011-A8801 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8801

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  M.  of  A.  N. RIVERA  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine; and to amend the penal law, in relation to  expanding
  the definition of manslaughter in the second degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 4 of section 396-r of the general  busi-
ness  law,  subdivision  2 as amended by chapter 510 of the laws of 1998
and subdivision 4 as amended by chapter 224 of the  laws  of  2008,  are
amended to read as follows:
  2.  During  any  abnormal disruption of the market for consumer goods,
MEDICINE and services vital and necessary for  the  health,  safety  and
welfare  of consumers, no party within the chain of distribution 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 represents an unconscion-
ably 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  used,  bought  or  rendered  primarily  for
personal,  family or household purposes. This prohibition shall apply to
all parties within the chain of distribution, including any  manufactur-
er, supplier, wholesaler, distributor or retail seller of consumer goods
or  services  or both sold by one party to another when the product sold
was located in the state prior to the sale. Consumer goods and  services
shall  also  include  any  repairs made by any party within the chain of
distribution of consumer goods on an emergency basis as a result of such
abnormal disruption of the market.  FOR PURPOSES OF  THIS  SECTION,  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13546-01-1

A. 8801                             2

TERM  "MEDICINE" SHALL MEAN ANY SUBSTANCE USED AS A REMEDY FOR TREATING,
CURING OR PREVENTING AN INJURY, ILLNESS OR DISEASE.
  4.  (A) Where a violation of this section is alleged to have occurred,
the attorney general may apply in the name of the People of the State of
New York to the supreme court of the State of New York within the  judi-
cial  district in which such violations are alleged to have occurred, on
notice of five days, for an order enjoining or restraining commission or
continuance of the alleged unlawful acts. In any  such  proceeding,  the
court  shall  impose a civil penalty in an amount not to exceed [twenty-
five] FIFTY thousand dollars and, where appropriate,  order  restitution
to aggrieved consumers.
  (B) IN ADDITION TO ANY ACTION BROUGHT BY THE ATTORNEY GENERAL PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, A PERSON INJURED BY A VIOLATION OF
THIS SECTION MAY BRING AN ACTION TO RECOVER DAMAGES.
  S 2. Section 125.15 of the penal law is amended to read as follows:
S 125.15 Manslaughter in the second degree.
  A person is guilty of manslaughter in the second degree when:
  1. He OR SHE recklessly causes the death of another person; or
  2.  He OR SHE commits upon a female an abortional act which causes her
death, unless such abortional act is justifiable pursuant to subdivision
three of section 125.05; [or]
  3. He OR SHE intentionally causes or aids  another  person  to  commit
suicide; OR
  4.  HE  OR SHE IS THE OWNER, PARTNER, CHIEF EXECUTIVE OFFICER OR CHIEF
FINANCIAL OFFICER OF A BUSINESS FOUND BY A COURT TO BE IN  VIOLATION  OF
THE  PROVISIONS  OF  SECTION  THREE-HUNDRED  NINETY-SIX-R OF THE GENERAL
BUSINESS LAW, AND THE VIOLATION CAUSES THE DEATH OF ANOTHER PERSON.
  Manslaughter in the second degree is a class C felony.
  S 3. This act shall take effect immediately, provided,  however,  that
section  two of this act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2011-A8801A - Details

See Senate Version of this Bill:: S6514
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A3751, S2138
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2011-A8801A - Summary

Relates to price gouging of medicine and provides for a private right of action for persons injured by the price gouging of medicine.

2011-A8801A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8801--A

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  M.  of  A.  N. RIVERA,  HOOPER,  WEPRIN -- read once and
  referred to the  Committee  on  Consumer  Affairs  and  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivisions 2 and 4 of section 396-r of the general busi-
ness law, subdivision 2 as amended by chapter 510 of the  laws  of  1998
and  subdivision  4  as  amended by chapter 224 of the laws of 2008, are
amended to read as follows:
  2. During any abnormal disruption of the market  for  consumer  goods,
MEDICINE  and  services  vital  and necessary for the health, safety and
welfare of consumers, no party within the chain of distribution of  such
consumer  goods,  MEDICINE  or services [or both] shall sell or offer to
sell any such goods, MEDICINE or services [or both] for an amount  which
represents  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  used,  bought  or
rendered  primarily  for  personal,  family  or household purposes. This
prohibition shall apply to all parties within the chain of distribution,
including any manufacturer, supplier, wholesaler, distributor or  retail
seller of consumer goods or services or both sold by one party to anoth-
er  when  the  product  sold was located in the state prior to the sale.
Consumer goods and services shall also include any repairs made  by  any
party within the chain of distribution of consumer goods on an emergency

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13546-03-2

A. 8801--A                          2

basis  as  a  result  of  such  abnormal disruption of the market.   FOR
PURPOSES OF THIS SECTION, THE TERM "MEDICINE" SHALL MEAN  ANY  SUBSTANCE
USED  AS  A REMEDY FOR TREATING, CURING OR PREVENTING AN INJURY, ILLNESS
OR DISEASE.
  4.  (A) Where a violation of this section is alleged to have occurred,
the attorney general may apply in the name of the People of the State of
New York to the supreme court of the State of New York within the  judi-
cial  district in which such violations are alleged to have occurred, on
notice of five days, for an order enjoining or restraining commission or
continuance of the alleged unlawful acts. In any  such  proceeding,  the
court  shall  impose a civil penalty in an amount not to exceed [twenty-
five] FIFTY thousand dollars and, where appropriate,  order  restitution
to aggrieved consumers.
  (B) IN ADDITION TO ANY ACTION BROUGHT BY THE ATTORNEY GENERAL PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, A PERSON INJURED BY A VIOLATION OF
THIS SECTION MAY BRING AN ACTION TO RECOVER DAMAGES.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2011-A8801B - Details

See Senate Version of this Bill:: S6514
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A3751, S2138
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2011-A8801B - Summary

Relates to price gouging of medicine and provides for a private right of action for persons injured by the price gouging of medicine.

2011-A8801B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8801--B

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by M. of A. N. RIVERA, HOOPER, WEPRIN, CASTRO, ORTIZ, CRESPO
  -- Multi-Sponsored by -- M. of A. DUPREY, ROBINSON,  SCHIMEL  --  read
  once  and referred to the Committee on Consumer Affairs and Protection
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 4 of section 396-r of the general  busi-
ness  law,  subdivision  2 as amended by chapter 510 of the laws of 1998
and subdivision 4 as amended by chapter 224 of the  laws  of  2008,  are
amended to read as follows:
  2.  During  any  abnormal disruption of the market for consumer goods,
MEDICINE and services vital and necessary for  the  health,  safety  and
welfare  of consumers, no party within the chain of distribution of such
consumer goods, MEDICINE or services [or both] shall sell  or  offer  to
sell  any such goods, MEDICINE or services [or both] for an amount which
represents 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 used, bought or
rendered primarily for personal,  family  or  household  purposes.  This
prohibition shall apply to all parties within the chain of distribution,
including  any manufacturer, supplier, wholesaler, distributor or retail
seller of consumer goods or services or both sold by one party to anoth-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13546-05-2

A. 8801--B                          2

er when the product sold was located in the state  prior  to  the  sale.
Consumer  goods  and services shall also include any repairs made by any
party within the chain of distribution of consumer goods on an emergency
basis  as  a  result  of  such  abnormal disruption of the market.   FOR
PURPOSES OF THIS SECTION, THE TERM "MEDICINE" SHALL MEAN  ANY  SUBSTANCE
USED  AS  A REMEDY FOR TREATING, CURING OR PREVENTING AN INJURY, ILLNESS
OR DISEASE.
  4. (A) Where a violation of this section is alleged to have  occurred,
the attorney general may apply in the name of the People of the State of
New  York to the supreme court of the State of New York within the judi-
cial district in which such violations are alleged to have occurred,  on
notice of five days, for an order enjoining or restraining commission or
continuance  of  the  alleged unlawful acts. In any such proceeding, the
court shall impose a civil penalty in an amount not  to  exceed  twenty-
five  thousand  dollars  and,  where  appropriate,  order restitution to
aggrieved consumers.
  (B) IN ADDITION TO ANY ACTION BROUGHT BY THE ATTORNEY GENERAL PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, A PERSON INJURED BY A VIOLATION OF
THIS SECTION MAY BRING AN ACTION TO RECOVER DAMAGES.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2011-A8801C (ACTIVE) - Details

See Senate Version of this Bill:: S6514
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A3751, S2138
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2011-A8801C (ACTIVE) - Summary

Relates to price gouging of medicine and provides for a private right of action for persons injured by the price gouging of medicine.

2011-A8801C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8801--C

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. N. RIVERA, HOOPER, WEPRIN, CASTRO, ORTIZ, CRESPO,
  BOYLAND,  P. RIVERA,  COOK,  RAMOS  --  Multi-Sponsored by -- M. of A.
  ARROYO, BRENNAN, DUPREY, FINCH, ROBINSON, SCHIMEL  --  read  once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee -- again reported from said committee
  with amendments, ordered reprinted as amended and recommitted to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to the price goug-
  ing of medicine

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-rrr to read as follows:
  S  396-RRR.  PRICE  GOUGING  OF  MEDICINE. 1. FOR THE PURPOSES OF THIS
SECTION, "DRUG SUBJECT TO A SHORTAGE" SHALL MEAN  ANY  DRUG  OR  MEDICAL
PRODUCT  INTENDED  FOR HUMAN USE PUBLICLY REPORTED AS BEING SUBJECT TO A
SHORTAGE BY THE U.S.  FOOD  AND  DRUG  ADMINISTRATION  ON  ITS  WEBSITE,
PROVIDED,  HOWEVER, THAT A DRUG OR MEDICAL PRODUCT SHALL ONLY BE CONSID-
ERED A "DRUG SUBJECT TO A SHORTAGE" DURING THE PERIOD OF TIME THAT  SUCH
DRUG OR MEDICAL PRODUCT IS LISTED AS BEING SUBJECT TO A SHORTAGE ON SUCH
WEBSITE.
  2.  NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF ANY DRUG SUBJECT TO A
SHORTAGE SHALL SELL OR OFFER TO SELL ANY SUCH DRUG SUBJECT TO A SHORTAGE
FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE.
  3. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A  QUESTION  OF  LAW
FOR THE COURT.
  (A)  THE  COURT'S  DETERMINATION  THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
  (I) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
  (II) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE  OR  UNCONSCIONABLE
MEANS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13546-09-2

A. 8801--C                          2

  (III)  A  COMBINATION OF BOTH FACTORS IN SUBPARAGRAPHS (I) AND (II) OF
THIS PARAGRAPH.
  (B)  IN  ANY PROCEEDING COMMENCED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION, PRIMA FACIE PROOF THAT A VIOLATION OF THIS SECTION HAS OCCURRED
SHALL INCLUDE EVIDENCE THAT:
  (I) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE  PRICE
OF  THE  DRUG  SUBJECT TO A SHORTAGE WHICH WAS THE SUBJECT OF THE TRANS-
ACTION AND THEIR VALUE MEASURED BY THE PRICE AT WHICH SUCH DRUG WAS SOLD
OR OFFERED FOR SALE BY THE DEFENDANT IN THE  USUAL  COURSE  OF  BUSINESS
IMMEDIATELY PRIOR TO THE ONSET OF THE SHORTAGE; AND
  (II)  THE  AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT WHICH THE SAME
OR SIMILAR DRUG SUBJECT TO A SHORTAGE WAS READILY  OBTAINABLE  BY  OTHER
PURCHASERS  IN  THE TRADE AREA. A DEFENDANT MAY REBUT A PRIMA FACIE CASE
WITH EVIDENCE THAT ADDITIONAL  COSTS  NOT  WITHIN  THE  CONTROL  OF  THE
DEFENDANT WERE IMPOSED ON THE DEFENDANT FOR THE DRUG SUBJECT TO A SHORT-
AGE.
  4.  (A) WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED,
THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF
NEW YORK TO THE SUPREME COURT OF THE STATE OF NEW YORK WITHIN THE  JUDI-
CIAL  DISTRICT IN WHICH SUCH VIOLATIONS ARE ALLEGED TO HAVE OCCURRED, ON
NOTICE OF FIVE DAYS, FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR
CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS. IN ANY  SUCH  PROCEEDING,  THE
COURT  SHALL  IMPOSE  A  CIVIL  PENALTY  IN  AN AMOUNT NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS AND, WHERE APPROPRIATE,  ORDER  RESTITUTION  TO
AGGRIEVED CONSUMERS.
  (B) IN ADDITION TO ANY ACTION BROUGHT BY THE ATTORNEY GENERAL PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, A PERSON INJURED BY A VIOLATION OF
THIS  SECTION MAY BRING AN ACTION TO RECOVER DAMAGES. THE COURT MAY ALSO
AWARD REASONABLE ATTORNEYS FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect immediately.

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Assembly Bill A8801C

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

2011-A8801 - Details

2011-A8801 - Summary

2011-A8801 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A8801A - Details

2011-A8801A - Summary

2011-A8801A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A8801B - Details

2011-A8801B - Summary

2011-A8801B - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A8801C (ACTIVE) - Details

2011-A8801C (ACTIVE) - Summary

2011-A8801C (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

RIVERA N

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

Earlene Hooper

David Weprin

2011-A8801 - Details

2011-A8801 - Summary

2011-A8801 - Bill Text download pdf

co-Sponsors

Earlene Hooper

David Weprin

Nelson Castro

Felix Ortiz

multi-Sponsors

Janet Duprey

Annette Robinson

Michelle Schimel

2011-A8801A - Details

2011-A8801A - Summary

2011-A8801A - Bill Text download pdf

co-Sponsors

Earlene Hooper

David Weprin

Nelson Castro

Felix Ortiz

multi-Sponsors

Carmen E. Arroyo

James F. Brennan

Janet Duprey

Gary Finch

2011-A8801B - Details

2011-A8801B - Summary

2011-A8801B - Bill Text download pdf

co-Sponsors

Earlene Hooper

David Weprin

Nelson Castro

Felix Ortiz

multi-Sponsors

Thomas Abinanti

Carmen E. Arroyo

James F. Brennan

Janet Duprey

2011-A8801C (ACTIVE) - Details

2011-A8801C (ACTIVE) - Summary

2011-A8801C (ACTIVE) - Bill Text download pdf

Comments