Assembly Bill A4910

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4910
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, the  correction  law  and  the
   state  finance  law,  in relation to establishing pricing restrictions
   for certain contracts involving care package vendors

   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-mmm to read as follows:
   §  396-MMM.  PRICING  RESTRICTIONS;  CARE  PACKAGE VENDORS. 1. FOR THE
 PURPOSES OF THIS SECTION:
   (A) "CARE PACKAGE VENDOR" SHALL MEAN A MAIL-ORDER  BUSINESS  OR  TELE-
 PHONE  ORDER BUSINESS AS SUCH TERMS ARE DEFINED IN SECTION THREE HUNDRED
 NINETY-SIX-M OF THIS CHAPTER THAT IS PRIMARILY ENGAGED IN THE  SOLICITA-
 TION  OF  ORDERS  BY  ADVERTISEMENT  OR  OTHERWISE FOR MERCHANDISE TO BE
 SHIPPED TO AN INCARCERATED INDIVIDUAL HOUSED IN A CORRECTIONAL  FACILITY
 PURSUANT  TO A CONTRACT WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION OR A STATE OR LOCAL CORRECTIONAL FACILITY.
   (B) "ACCEPTS ORDERS" SHALL MEAN, IN THE CASE OF A MAIL ORDER,  RECEIPT
 OF  AN  ORDER WITH PAYMENT OR WITH CHARGE ACCOUNT AUTHORIZATION REMITTED
 THROUGH THE MAIL, ELECTRONIC MAIL OR THE INTERNET, AND, IN THE CASE OF A
 TELEPHONE ORDER, RECEIPT OF AN ORDER WITH CHARGE  ACCOUNT  AUTHORIZATION
 AND DEBITING THE BUYER'S ACCOUNT.
   2.  NO  PERSON, PARTNERSHIP, FIRM, ASSOCIATION OR CORPORATION OR AGENT
 OR EMPLOYEE THEREOF WHO CONDUCTS A CARE PACKAGE  VENDOR  BUSINESS  SHALL
 SELL  OR OFFER TO SELL ANY MERCHANDISE, OR ACCEPT ANY ORDER FOR MERCHAN-
 DISE, FOR AN AMOUNT WHICH EXCEEDS THE PRICE OF THE SAME OR SUBSTANTIALLY
 SIMILAR MERCHANDISE SOLD IN THE COMMISSARY OR CANTEEN OF THE CORRECTION-
 AL FACILITY IN WHICH THE INCARCERATED INDIVIDUAL TO WHOM  SUCH  MERCHAN-
 DISE  IS  TO BE SHIPPED IS HOUSED, PLUS THE ACTUAL COST OF SHIPPING SUCH
 MERCHANDISE TO SUCH INCARCERATED INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08631-01-3
              

 A. 4910                             2
 
   3. IT SHALL BE UNLAWFUL FOR ANY PERSON, PARTNERSHIP, FIRM, ASSOCIATION
 OR CORPORATION OR AGENT OR EMPLOYEE THEREOF WHO CONDUCTS A CARE  PACKAGE
 VENDOR  BUSINESS TO DEMAND OR ACCEPT ANY PAYMENT, FEE, OR CHARGE FROM AN
 INCARCERATED INDIVIDUAL OR OTHER PURCHASER FOR ANY AMOUNT OTHER THAN THE
 PRICE AUTHORIZED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4. ANY CONTRACT OR AGREEMENT PURPORTING TO WAIVE OR MODIFY THE PRICING
 RESTRICTIONS  SET  FORTH  IN  THIS  SECTION SHALL BE VOID AS CONTRARY TO
 PUBLIC POLICY.
   § 2. Section 112 of the correction law is  amended  by  adding  a  new
 subdivision 6 to read as follows:
   6.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
 THAT EVERY PROCUREMENT CONTRACT WITH A CARE PACKAGE VENDOR AS DEFINED IN
 SECTION THREE HUNDRED NINETY-SIX-MMM OF THE GENERAL BUSINESS  LAW  SHALL
 CONTAIN  A  PROVISION PROHIBITING SUCH CARE PACKAGE VENDOR FROM CHARGING
 ANY PRICE FOR ITS MERCHANDISE IN EXCESS OF  THE  AMOUNTS  AUTHORIZED  BY
 SUBDIVISION  TWO  OF SECTION THREE HUNDRED NINETY-SIX-MMM OF THE GENERAL
 BUSINESS LAW. THE COMMISSIONER SHALL MONITOR AND ENFORCE COMPLIANCE WITH
 THIS SUBDIVISION.
   § 3. The state finance law is amended by adding a new section 165-b to
 read as follows:
   § 165-B. PURCHASING RESTRICTIONS; CORRECTIONAL FACILITIES. THE DEPART-
 MENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND  ANY  STATE  OR  LOCAL
 CORRECTIONAL  FACILITY, AS DEFINED IN SECTION TWO OF THE CORRECTION LAW,
 SHALL NOT ENTER INTO A CONTRACT WITH A CARE PACKAGE VENDOR,  AS  DEFINED
 IN  SECTION  THREE  HUNDRED  NINETY-SIX-MMM OF THE GENERAL BUSINESS LAW,
 UNLESS SUCH CONTRACT REQUIRES COMPLIANCE WITH THE  PRICING  RESTRICTIONS
 SET  FORTH  IN SUBDIVISIONS TWO AND THREE OF SECTION THREE HUNDRED NINE-
 TY-SIX-MMM OF THE GENERAL BUSINESS LAW IN ACCORDANCE WITH THE PROVISIONS
 OF SUBDIVISION SIX OF SECTION ONE HUNDRED TWELVE OF THE CORRECTION LAW.
   § 4. This act  shall  take  effect  immediately  and  shall  apply  to
 contracts entered into on and after such date.