|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 03, 2020||referred to consumer protection|
senate Bill S7932
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7932 (ACTIVE) - Details
S7932 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7932 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the general business law, in relation to prohibiting price gouging with respect to medical supplies during a public health emergency SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill creates a new section 396-rrr of the General Busi- ness Law to prohibit manufacturers, suppliers, wholesalers, distribu- tors, and retail sellers of consumer medical supplies from selling or offering for sale consumer medical supplies for unconscionably excessive prices during a declared public health emergency. The new section 396-rrr creates a rebuttable presumption that a price is unconscionably excessive if it is more than 10% above the price charged immediately prior to the declared public health emergency. Violations of section 396-rrr would be enforced by the Attorney General, who may seek an order enjoining or restraining the alleged unlawful acts, and
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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