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Senate Bill S2679

2019-2020 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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2019-S2679 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-u, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S8787

2019-S2679 (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.

2019-S2679 (ACTIVE) - Sponsor Memo

2019-S2679 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2679
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sens. MAYER, BRESLIN, BROOKS, HOYLMAN, JACKSON, LIU, MAY
   -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01137-01-9

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