NY State Assembly Bill A10270

Archive: Last Bill Status Via S8189 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2020	signed chap.90
Jun 05, 2020	delivered to governor
May 27, 2020	returned to senate passed assembly ordered to third reading rules cal.30 substituted for a10270
May 27, 2020	substituted by s8189 rules report cal.30 reported
May 26, 2020	reported referred to rules reported referred to codes
Apr 08, 2020	referred to consumer affairs and protection

Votes

view votes

May 27, 2020 - floor Vote

S8189

floor

Aye

Nay

Absent

Excused

Abstained

May 26, 2020 - Consumer Protection committee Vote

S8189

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2020 - Rules committee Vote

S8189

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

A10270 (ACTIVE) - Details

See Senate Version of this Bill:: S8189
Law Section:: General Business Law
Laws Affected:: Amd §396-r, Gen Bus L

A10270 (ACTIVE) - Summary

Relates to price gouging; prohibits price gouging for essential medical supplies and services and any other essential goods and services used to promote the health or welfare of the public.

A10270 (ACTIVE) - Bill Text download pdf


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

                                  10270

                          I N  A S S E M B L Y

                              April 8, 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 price gouging

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  396-r of the general business law, as amended by
chapter 510 of the laws of 1998, subdivision 4 as amended by chapter 224
of the laws of 2008, is amended to read as follows:
  § 396-r. Price gouging. 1. Legislative findings and  declaration.  The
legislature  hereby  finds that during periods of abnormal disruption of
the market caused by strikes, power failures, severe shortages or  other
extraordinary  adverse  circumstances,  some parties within the chain of
distribution of [consumer] goods have taken unfair advantage of [consum-
ers] THE PUBLIC by  charging  grossly  excessive  prices  for  essential
[consumer] goods and services.
  In  order to prevent any party within the chain of distribution of any
[consumer] goods from taking unfair advantage of [consumers] THE  PUBLIC
during abnormal disruptions of the market, the legislature declares that
the  public  interest  requires that such conduct be prohibited and made
subject to civil penalties.
  2. During any abnormal disruption of the market for  [consumer]  goods
and  services  vital and necessary for the health, safety and welfare of
consumers OR THE GENERAL PUBLIC, no party within the chain  of  distrib-
ution  of  such [consumer] goods or services or both shall sell or offer
to sell any such goods or services or both for an amount  which  repres-
ents  an  unconscionably  excessive price. For purposes of this section,
the phrase "abnormal disruption of the market" shall mean any change  in
the  market,  whether  actual  or  imminently threatened, resulting from
stress of weather, convulsion of nature, failure or shortage of electric
power or other source of energy, strike, civil disorder,  war,  military
action,  national  or  local  emergency,  or  other cause of an abnormal
disruption of the market which results in the declaration of a state  of
emergency  by  the  governor. For the purposes of this section, the term
[consumer] goods and services shall [mean those]  INCLUDE  (A)  CONSUMER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16097-03-0

A. 10270                            2

GOODS  AND  SERVICES  used,  bought  or rendered primarily for personal,
family  or  household  purposes,  (B)  ESSENTIAL  MEDICAL  SUPPLIES  AND
SERVICES USED FOR THE CARE, CURE, MITIGATION, TREATMENT OR PREVENTION OF
ANY  ILLNESS  OR DISEASE, AND (C) ANY OTHER ESSENTIAL GOODS AND SERVICES
USED TO PROMOTE THE HEALTH OR WELFARE OF THE PUBLIC.   This  prohibition
shall  apply  to all parties within the chain of distribution, including
any manufacturer, supplier, wholesaler, distributor or retail seller  of
[consumer]  goods  or services or both sold by one party to another when
the product sold was located in the state prior to the  sale.  [Consumer
goods]  GOODS  and  services  shall also include any repairs made by any
party within the chain of distribution of [consumer] goods on  an  emer-
gency basis as a result of such abnormal disruption of the market.
  3.  Whether  a  price is unconscionably excessive is a question of law
for the court.
  (a) The court's determination that a violation  of  this  section  has
occurred  shall  be  based on any of the following factors: (i) that the
amount of the excess in price is unconscionably extreme;  or  (ii)  that
there  was  an  exercise  of unfair leverage or unconscionable means; or
(iii) a combination of both factors in subparagraphs  (i)  and  (ii)  of
this paragraph.
  (b)  In  any proceeding commenced pursuant to subdivision four of this
section, prima facie proof that a violation of this section has occurred
shall include evidence that:
  (i) the amount charged represents a gross disparity between the  price
of  the  goods or services which were the subject of the transaction and
their value measured by the price at  which  such  [consumer]  goods  or
services  were  sold  or  offered for sale by the defendant in the usual
course of business immediately  prior  to  the  onset  of  the  abnormal
disruption of the market; or
  (ii)  the  amount charged grossly exceeded the price at which the same
or similar goods or services were readily obtainable [by  other  consum-
ers] in the trade area.
  (C)  A  defendant  may rebut a prima facie case with evidence that (1)
THE INCREASE IN THE AMOUNT CHARGED PRESERVES THE MARGIN OF  PROFIT  THAT
THE  DEFENDANT  RECEIVED  FOR  THE  SAME  GOODS OR SERVICES PRIOR TO THE
ABNORMAL DISRUPTION OF THE MARKET OR (2) additional costs not within the
control of the defendant were imposed on the defendant for the goods  or
services.
  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 PER VIOLATION OR THREE TIMES  THE  GROSS  RECEIPTS
FOR  THE  RELEVANT  GOODS  OR  SERVICES, WHICHEVER IS GREATER and, where
appropriate, order restitution to aggrieved [consumers] PARTIES.
  5. THE ATTORNEY GENERAL MAY PROMULGATE SUCH RULES AND  REGULATIONS  AS
ARE NECESSARY TO EFFECTUATE AND ENFORCE THE PROVISIONS OF THIS SECTION.
  § 2. This act shall take effect immediately.

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The New York State Senate

assembly Bill A10270

Sponsored By

Archive: Last Bill Status Via S8189 - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Consumer Protection committee Vote

Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Committee Vote: May 24, 2020

Co-Sponsors

A10270 (ACTIVE) - Details

A10270 (ACTIVE) - Summary

A10270 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A10270

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Sponsored By

ROZIC

Archive: Last Bill Status Via S8189 - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Consumer Protection committee Vote

Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Committee Vote: May 24, 2020

Co-Sponsors

Jeffrey Dinowitz

David Buchwald

Felix Ortiz

Joseph Lentol

Jo Anne Simon

Aravella Simotas

Rebecca Seawright

Judy Griffin

David McDonough

Joseph Giglio

Michael Montesano

Richard Gottfried

David Weprin

Deborah Glick

Kevin Cahill

John T. McDonald III

Michael DenDekker

Steven Otis

Rodneyse Bichotte

Marianne Buttenschon

Linda Rosenthal

Charles Fall

William Colton

Michael Blake

Donna Lupardo

Kenneth Zebrowski

Karines Reyes

Walter T. Mosley

Harvey Epstein

Michael Cusick

Jonathan Jacobson

Helene Weinstein

Charles Barron

Harry B. Bronson

A10270 (ACTIVE) - Details

A10270 (ACTIVE) - Summary

A10270 (ACTIVE) - Bill Text download pdf

Comments