assembly Bill A1461

2021-2022 Legislative Session

Relates to price gouging

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Sponsored By

Current 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to consumer affairs and protection
Jan 11, 2021 referred to consumer affairs and protection

Co-Sponsors

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Multi-Sponsors

A1461 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6032
2017-2018: A5249
2019-2020: A2621

A1461 (ACTIVE) - Summary

Relates to price gouging; imposes criminal penalties for price gouging; removes language relating to the declaration of a state of emergency; increases civil penalty (view more) authorizes a district attorney to enforce provisions.

A1461 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1461
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ, RICHARDSON, COOK, GALEF, SIMON, ABINAN-
   TI,  J. RIVERA, GOTTFRIED, SEAWRIGHT -- Multi-Sponsored by -- M. of A.
   BRAUNSTEIN, ENGLEBRIGHT, GLICK, THIELE -- 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 90 of the laws of 2020, 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  goods  have  taken  unfair  advantage of the public by
 charging grossly excessive prices for essential goods and services.
   In order to prevent any party within the chain of distribution of  any
 goods  from  taking  unfair  advantage  of  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 AND CRIMINAL penalties.
   2. During any abnormal disruption of the market for goods and services
 vital and necessary for the health, safety and welfare of  consumers  or
 the  general  public,  no party within the chain of distribution of such
 goods or services or both shall sell or offer to sell any such goods  or
 services or both for an amount which represents an unconscionably exces-
 sive   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 goods and services
 shall  include  (a) consumer goods and services used, bought or rendered