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Senate Bill S8787

2017-2018 Legislative Session

Prohibits businesses from charging a price for goods on the basis of gender

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2017-S8787 (ACTIVE) - Details

See Assembly Version of this Bill:
A7165
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S2679, A629

2017-S8787 (ACTIVE) - Summary

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-S8787 (ACTIVE) - Sponsor Memo

2017-S8787 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8787
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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
   businesses from charging a price for goods on the basis of gender
 
   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. CHARGING A PRICE FOR GOODS ON THE BASIS OF GENDER PROHIBITED.
 1.  (A)  NO  BUSINESS  SHALL 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.
   3.  ANY  BUSINESS  THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL,
 UPON A DETERMINATION THEREOF, PAY A CIVIL PENALTY OF NOT MORE  THAN  TWO
 HUNDRED  FIFTY  DOLLARS  FOR THE FIRST VIOLATION AND FOR EACH SUCCEEDING
 VIOLATION A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED  DOLLARS.    FOR
 THE  PURPOSE OF THIS SECTION, ALL IDENTICAL ITEMS PRICED ON THE BASIS OF
 GENDER SHALL BE CONSIDERED A SINGLE VIOLATION.
   § 2. This act shall take effect immediately.

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