Assembly Bill A629A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  629--A
                                                          Cal. No. 29
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. ROZIC, WALLACE, MOSLEY, MAGNARELLI, ORTIZ, SIMON,
   JEAN-PIERRE,  WALKER,  BENEDETTO,  CRESPO,  GLICK, DE LA ROSA, D'URSO,
   PHEFFER AMATO, HYNDMAN, GOTTFRIED, BLAKE, RIVERA, DICKENS,  SEAWRIGHT,
   WEPRIN,  L. ROSENTHAL,  COLTON,  SOLAGES,  MONTESANO, GRIFFIN, STIRPE,
   WILLIAMS, CRUZ, FERNANDEZ, REYES, McMAHON, SIMOTAS,  ASHBY  --  Multi-
   Sponsored  by  --  M. of A. GALEF, WRIGHT -- read once and referred to
   the Committee on Consumer Affairs and Protection -- ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  on  the
   order of third reading
 
 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 ON THE BASIS OF
 GENDER.
   (B) 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.
   (C)  FOR  THE  PURPOSES  OF THIS SECTION, "BUSINESS" SHALL INCLUDE ANY
 BUSINESS THAT SELLS GOODS TO ANY INDIVIDUAL OR  ENTITY,  INCLUDING,  BUT
 NOT LIMITED TO, RETAILERS, SUPPLIERS, MANUFACTURERS, AND DISTRIBUTORS.
   2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01137-03-0

 A. 629--A                           2
 
   (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 BASED ON DIFFERENCES IN PRICES CHARGED FOR VARIOUS PRODUCTS
 BY SUPPLIERS, MANUFACTURERS, DISTRIBUTORS,  OR  OTHER  ENTITIES  THAT  A
 RETAILER CANNOT CONTROL.
   3.    WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA-
 TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF
 THE  STATE  OF  NEW YORK, TO A COURT OR JUSTICE HAVING JURISDICTION BY A
 SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
 THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
 SECTION,  AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED
 TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION AND NOT TO EXCEED FIVE
 HUNDRED  DOLLARS  FOR  EACH SUBSEQUENT VIOLATION. IN CONNECTION WITH ANY
 SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS  AUTHORIZED  TO  TAKE
 PROOF  AND  MAKE  A  DETERMINATION  OF  THE  RELEVANT FACTS AND TO ISSUE
 SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.  FOR  THE
 PURPOSES  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.