|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to consumer protection|
|Mar 17, 2017||referred to consumer protection|
senate Bill S5262
Current Bill Status - In Senate Committee Consumer Protection Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5262 - Details
S5262 - Sponsor Memo
BILL NUMBER: S5262 Revised 01/24/18 SPONSOR: LANZA TITLE OF BILL: An act to amend the general business law, in relation to the price goug- ing of medicine PURPOSE OR GENERAL IDEA OF THE BILL: This legislation adds medicine to the list of goods and services that can be classified as possibly being subject to price gouging. SUMMARY OF SPECIFIC PROVISIONS: Section 1: Section 396-rrr of the general business law is amended to add medicine to the list of consumer goods that can be classified as subject to price gouging. The classification of medicines falling under this section of law will be determined by the publicly reported drug short- ages reported by the U.S. Food and Drug Administration.
S5262 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5262 2017-2018 Regular Sessions I N S E N A T E March 17, 2017 ___________ Introduced by Sen. LANZA -- 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 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: § 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 (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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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