senate Bill S8787

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 18, 2018 referred to consumer protection

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

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.

S8787 (ACTIVE) - Sponsor Memo

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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