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Assembly Bill A2964A

2017-2018 Legislative Session

Prohibits discriminatory practices relating to the cost of goods

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A2964 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L

2017-A2964 - Summary

Prohibits discriminatory practices relating to the cost of goods; prohibits any business from charging a price for goods of a substantially similar or like kind on the basis of a person's gender.

2017-A2964 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2964
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to prohibiting  discrimi-
   natory practices relating to the cost of goods
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section  296-d
 to read as follows:
   §  296-D.  UNLAWFUL  DISCRIMINATORY  PRACTICE  RELATING TO THE COST OF
 GOODS. 1. (A) IT SHALL BE AN UNLAWFUL DISCRIMINATORY  PRACTICE  FOR  ANY
 BUSINESS  TO CHARGE A PRICE FOR GOODS OF A SUBSTANTIALLY SIMILAR OR LIKE
 KIND ON THE BASIS OF A PERSON'S GENDER.
   (B) FOR THE PURPOSES OF PARAGRAPH (A) OF THIS  SUBDIVISION,  "SUBSTAN-
 TIALLY SIMILAR OR LIKE KIND" SHALL BE INTERPRETED TO MEAN SUCH GOODS:
   (I) SHARE THE SAME BRAND;
   (II) SHARE THE SAME FUNCTIONAL COMPONENTS; AND
   (III) SHARE NINETY PERCENT OF THE SAME MATERIALS OR INGREDIENTS.
   (C) FOR THE PURPOSES OF THIS SECTION, "GOODS" SHALL NOT INCLUDE:
   (I)  ANY  FOOD  AS  DEFINED IN SUBDIVISION THREE OF SECTION TWO OF THE
 AGRICULTURE AND MARKETS LAW; OR
   (II) GOODS SOLD BY A NEW MOTOR VEHICLE DEALER AS DEFINED IN  PARAGRAPH
 F  OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE AND
 TRAFFIC LAW.
   2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT:
   (A) PRICE DIFFERENCES BASED  SPECIFICALLY  ON  THE  LABOR,  MATERIALS,
 TARIFFS,  OR  OTHER GENDER-NEUTRAL REASONS FOR HAVING INCREASED COST FOR
 PROVIDING SUCH GOODS; OR
   (B) A RETAIL ESTABLISHMENT FROM PASSING THROUGH A PRICE TO THE CONSUM-
 ER THAT IS SET BY A MANUFACTURER, DISTRIBUTOR, OR OTHER  ENTITY  THAT  A
 RETAILER CANNOT CONTROL.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A2964A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L

2017-A2964A (ACTIVE) - Summary

Prohibits discriminatory practices relating to the cost of goods; prohibits any business from charging a price for goods of a substantially similar or like kind on the basis of a person's gender.

2017-A2964A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2964--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   discriminatory practices relating to the cost of goods

   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 391-u to read as follows:
   § 391-U. UNLAWFUL DISCRIMINATORY PRACTICE  RELATING  TO  THE  COST  OF
 GOODS.  1.  (A)  IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY
 BUSINESS TO CHARGE A PRICE FOR GOODS OF A SUBSTANTIALLY SIMILAR OR  LIKE
 KIND ON THE BASIS OF A PERSON'S GENDER.
   (B)  FOR  THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION, "SUBSTAN-
 TIALLY SIMILAR OR LIKE KIND" SHALL BE INTERPRETED TO MEAN SUCH GOODS:
   (I) SHARE THE SAME BRAND;
   (II) SHARE THE SAME FUNCTIONAL COMPONENTS; AND
   (III) SHARE NINETY PERCENT OF THE SAME MATERIALS OR INGREDIENTS.
   (C) FOR THE PURPOSES OF THIS SECTION, "GOODS" SHALL NOT INCLUDE:
   (I) ANY FOOD AS DEFINED IN SUBDIVISION THREE OF  SECTION  TWO  OF  THE
 AGRICULTURE AND MARKETS LAW; OR
   (II)  GOODS SOLD BY A NEW MOTOR VEHICLE DEALER AS DEFINED IN PARAGRAPH
 F OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTEEN OF THE VEHICLE  AND
 TRAFFIC LAW.
   2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT:
   (A)  PRICE  DIFFERENCES  BASED  SPECIFICALLY  ON THE LABOR, MATERIALS,
 TARIFFS, OR OTHER GENDER-NEUTRAL REASONS FOR HAVING INCREASED  COST  FOR
 PROVIDING SUCH GOODS; OR
   (B) A RETAIL ESTABLISHMENT FROM PASSING THROUGH A PRICE TO THE CONSUM-
 ER  THAT  IS  SET BY A MANUFACTURER, DISTRIBUTOR, OR OTHER ENTITY THAT A
 RETAILER CANNOT CONTROL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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