assembly Bill A10410

2019-2020 Legislative Session

Relates to price gouging, fraud, and deceptive acts involving medical supplies related to a public health emergency

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2020 referred to consumer affairs and protection

A10410 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §§396-rrr & 350-f-2, Gen Bus L

A10410 (ACTIVE) - Summary

Relates to price gouging, fraud, and deceptive acts involving medical supplies related to a public health emergency.

A10410 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10410
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  GARBARINO  --  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,
   fraud,  and  deceptive  acts  involving  medical supplies related to 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.
   (B)  "CONSUMER  GOODS  AND SERVICES" SHALL MEAN ANY GOODS AND SERVICES
 VITAL AND NECESSARY FOR THE HEALTH, SAFETY AND WELFARE OF CONSUMERS.
   2. NO MANUFACTURER, SUPPLIER, WHOLESALER, DISTRIBUTOR, OR RETAIL SELL-
 ER OF CONSUMER GOODS AND SERVICES OR ANY OTHER INDIVIDUAL,  CORPORATION,
 PARTNERSHIP,  JOINT VENTURE, OR BUSINESS ENTITY WHO SELLS CONSUMER GOODS
 AND SERVICES SHALL:
   (A) SELL OR OFFER FOR SALE ANY SUCH CONSUMER GOODS OR SERVICES FOR  AN
 AMOUNT  WHICH  REPRESENTS  AN  UNCONSCIONABLY  EXCESSIVE  PRICE DURING A
 PUBLIC HEALTH EMERGENCY; OR
   (B) KNOWINGLY DEFRAUD AN INDIVIDUAL IN RELATION TO THE QUALITY, PRICE,
 QUANTITY, OR ANY OTHER CHARACTERISTIC OF ANY CONSUMER GOODS OR SERVICES.
   3. 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  SEVENTY-
 FIVE  THOUSAND  DOLLARS  AND,  WHERE  APPROPRIATE,  ORDER RESTITUTION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets