S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10159
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   price  gouging with respect to medical supplies during a public health
   emergency
 
   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;  MEDICAL  SUPPLIES DURING A PUBLIC HEALTH
 EMERGENCY. 1. FOR THE PURPOSES OF  THIS  SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PUBLIC HEALTH EMERGENCY" SHALL MEAN A PERIOD OF TIME DURING WHICH
 THE GOVERNOR HAS MADE A STATE DECLARATION OF DISASTER EMERGENCY PURSUANT
 TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW; AND
   (B)  "CONSUMER  MEDICAL  SUPPLIES" SHALL MEAN GOODS AND PRODUCTS USED,
 BOUGHT OR RENDERED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES
 USED FOR  THE  CARE,  CURE,  MITIGATION,  TREATMENT,  OR  PREVENTION  OF
 ILLNESSES  OR  DISEASES; SUCH TERM SHALL INCLUDE, BUT NOT BE LIMITED TO:
 BANDAGES, GAUZE, OR  DRESSINGS;  HAND  SANITIZER,  ANTIBIOTIC  OINTMENT,
 RUBBING ALCOHOL, HYDROGEN PEROXIDE, SALINE SOLUTION; MEDICAL OR SURGICAL
 MASKS;  MEDICAL  OR  SURGICAL  GLOVES; TISSUES; OVER-THE-COUNTER MEDICA-
 TIONS; AND ANY OTHER GOODS OR PRODUCTS  IDENTIFIED  IN  EMERGENCY  REGU-
 LATIONS  PROMULGATED  BY  THE  COMMISSIONER  OF THE DEPARTMENT OF HEALTH
 DURING A PUBLIC HEALTH EMERGENCY.
   2. NO MANUFACTURER, SUPPLIER, WHOLESALER, DISTRIBUTOR OR RETAIL SELLER
 OF CONSUMER MEDICAL SUPPLIES SHALL SELL  OR  OFFER  FOR  SALE  ANY  SUCH
 CONSUMER  MEDICAL SUPPLIES FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCION-
 ABLY EXCESSIVE PRICE DURING A PUBLIC HEALTH EMERGENCY.
   3. (A) A PRICE IS NOT AN "UNCONSCIONABLY EXCESSIVE PRICE" IF IT IS TEN
 PERCENT OR LESS ABOVE THE PRICE CHARGED BY THAT SELLER FOR SUCH CONSUMER
 MEDICAL SUPPLIES IMMEDIATELY PRIOR TO THE PUBLIC HEALTH EMERGENCY.
   (B) A DEFENDANT MAY REBUT A PRIMA  FACIE  CASE  BASED  ON  AN  ALLEGED
 VIOLATION OF THIS SECTION WITH EVIDENCE THAT ADDITIONAL COSTS NOT WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15648-02-0

 A. 10159                            2
 
 THE  CONTROL  OF  THE  DEFENDANT  WERE  IMPOSED ON THE DEFENDANT FOR THE
 CONSUMER MEDICAL SUPPLIES.
   4.  WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED, THE
 ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
 YORK TO THE SUPREME COURT OF THE STATE OF NEW YORK WITHIN  THE  JUDICIAL
 DISTRICT  IN  WHICH  SUCH  VIOLATIONS  ARE  ALLEGED TO HAVE OCCURRED, ON
 NOTICE OF FIVE DAYS, FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR
 CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS. IN ANY  SUCH  PROCEEDING,  THE
 COURT  SHALL  IMPOSE  A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED TWENTY-
 FIVE THOUSAND DOLLARS  AND,  WHERE  APPROPRIATE,  ORDER  RESTITUTION  TO
 AGGRIEVED CONSUMERS.
   § 2. This act shall take effect immediately.