senate Bill S7932

2019-2020 Legislative Session

Prohibits price gouging with respect to medical supplies during a public health emergency

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Sponsored By

Current 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
Mar 03, 2020 referred to consumer protection

Co-Sponsors

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S7932 (ACTIVE) - Details

See Assembly Version of this Bill:
A10159
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L

S7932 (ACTIVE) - Summary

Prohibits price gouging with respect to medical supplies during a public health emergency.

S7932 (ACTIVE) - Sponsor Memo

S7932 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7932

                            I N  S E N A T E

                              March 3, 2020
                               ___________

Introduced  by Sens. HOYLMAN, KENNEDY -- 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
  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.

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

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