|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 08, 2018||reported and committed to codes|
|Mar 19, 2018||notice of committee consideration - requested|
|Jan 03, 2018||referred to consumer protection|
senate Bill S7028
Current Bill Status - In Senate Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7028 - Details
S7028 - Summary
Relates to price gouging; imposes criminal penalties for price gouging; removes language relating to the declaration of a state of emergency; increases civil penalty… (view more) authorizes a district attorney to enforce provisions.
S7028 - Sponsor Memo
BILL NUMBER: S7028 TITLE OF BILL : An act to amend the general business law, in relation to price gouging PURPOSE : To strengthen the price gouging law to allow local law enforcement to pursue those businesses that take unfair advantage of consumers during market disruptions. SUMMARY OF PROVISIONS : Section 1 amends section 396-r of the general business law by establishing the crime of price gouging as a violation, authorizing district attorneys to pursue violations, and clarifying that no state of emergency need be declared by the governor for the enforcement of the price gouging law to be in effect during an abnormal disruption in the market Section 2 establishes an immediate effective date. EXISTING LAW : General Business Law § 396-r prohibits any party within the chain of
S7028 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7028 I N S E N A T E (PREFILED) January 3, 2018 ___________ Introduced by Sen. BROOKS -- 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 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: S 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 consumers 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 during abnormal disruptions of the market, the legislature declares that the public interest requires that such conduct be prohibited and made subject to civil AND CRIMINAL 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, 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 unconscionably exces- sive 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.