senate Bill S2628

2019-2020 Legislative Session

Prohibits the use of automated purchasing software to buy large quantities of goods for the purpose of retail resale

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
May 08, 2019 advanced to third reading
May 07, 2019 2nd report cal.
May 06, 2019 1st report cal.562
Jan 28, 2019 referred to internet and technology

Votes

view votes

May 6, 2019 - Internet and Technology committee Vote

S2628
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Internet and Technology committee vote details

Internet and Technology Committee Vote: May 6, 2019

S2628 (ACTIVE) - Details

See Assembly Version of this Bill:
A6641
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L; amd §94-a, Exec L
Versions Introduced in 2017-2018 Legislative Session:
S7530, A9621

S2628 (ACTIVE) - Summary

Prohibits the use of automated purchasing software to buy large quantities of goods for the purpose of retail resale of such goods.

S2628 (ACTIVE) - Sponsor Memo

S2628 (ACTIVE) - Bill Text download pdf


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

                                  2628

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Internet and Technology

AN ACT to amend the general business  law  and  the  executive  law,  in
  relation to automated purchasing software

  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
390-d to read as follows:
  §  390-D.  AUTOMATED  PURCHASING  SOFTWARE;  PROHIBITED.  1.  FOR  THE
PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  (A) "AUTOMATED PURCHASING SOFTWARE" SHALL MEAN  ANY  MACHINE,  DEVICE,
COMPUTER  PROGRAM  OR  COMPUTER  SOFTWARE THAT, ON ITS OWN OR WITH HUMAN
ASSISTANCE, BYPASSES SECURITY MEASURES OR ACCESS CONTROL  SYSTEMS  ON  A
RETAIL  GOODS  PURCHASING  PLATFORM,  OR OTHER CONTROLS OR MEASURES ON A
RETAIL GOODS PURCHASING PLATFORM, THAT ASSIST IN IMPLEMENTING A LIMIT ON
THE NUMBER OF ANY SPECIFIC ITEM OF  GOODS  THAT  CAN  BE  PURCHASED,  TO
PURCHASE ANY SPECIFIC ITEM OF GOODS.
  (B)  "RETAIL  GOODS  PURCHASING  PLATFORM"  SHALL  MEAN A RETAIL GOODS
PURCHASING WEBSITE, APPLICATION, PHONE SYSTEM, OR OTHER TECHNOLOGY PLAT-
FORM USED TO SELL GOODS.
  2. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, CORPORATION OR OTHER
ENTITY TO UTILIZE AUTOMATED PURCHASING SOFTWARE TO PURCHASE GOODS.
  (B) IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,  CORPORATION  OR  OTHER
ENTITY  TO  KNOWINGLY  RESELL  OR OFFER TO RESELL ANY ITEM OF GOODS THAT
SUCH PERSON, FIRM, CORPORATION OR OTHER ENTITY KNOWS WAS OBTAINED  USING
AUTOMATED PURCHASING SOFTWARE.
  3.  ANY  PERSON,  FIRM,  CORPORATION  OR  OTHER  ENTITY  WHO KNOWINGLY
UTILIZES AUTOMATED PURCHASING SOFTWARE IN ORDER TO PURCHASE ANY ITEM  OF
GOODS  SHALL  BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT OF NO LESS THAN
FIVE HUNDRED DOLLARS AND NO MORE THAN ONE THOUSAND FIVE HUNDRED  DOLLARS

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

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