|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 16, 2023 |
returned to senate passed assembly ordered to third reading cal.175 substituted for a5653b returned to assembly repassed senate |
| May 08, 2023 |
amended on third reading 608c |
| Apr 24, 2023 |
amended on third reading 608b |
| Apr 24, 2023 |
vote reconsidered - restored to third reading returned to senate recalled from assembly |
| Jan 17, 2023 |
referred to consumer affairs and protection delivered to assembly passed senate ordered to third reading cal.77 reported and committed to rules |
| Jan 12, 2023 |
print number 608a |
| Jan 12, 2023 |
amend and recommit to consumer protection |
| Jan 05, 2023 |
referred to consumer protection |
Senate Bill S608A
2023-2024 Legislative Session
Sponsored By
(D, WF) 18th Senate District
Current Bill Status - Passed Senate & Assembly
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 25th Senate District
(D, WF) 12th Senate District
(R, C, IP) 54th Senate District
(D, WF) 31st Senate District
2023-S608 - Details
2023-S608 - Sponsor Memo
BILL NUMBER: S608
SPONSOR: SALAZAR
TITLE OF BILL:
An act to amend the general business law, in relation to the price goug-
ing of medicine
PURPOSE OR GENERAL IDEA OF THE BILL:
This legislation adds medicine to the list of goods and services that
can be classified as possibly being subject to price gouging.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Section 396-rrr of the general business law is amended to add
medicine to the list of consumer goods that can be classified as subject
to price gouging. The classification of medicines falling under this
section of law will be determined by the publicly reported drug short-
ages reported by the U.S. Food and Drug Administration (FDA).
Section 2: Bans the price gouging of medicines listed as been in short
2023-S608 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
608
2023-2024 Regular Sessions
I N S E N A T E
January 5, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, GIANARIS, HELMING, JACKSON,
KRUEGER, LANZA, SANDERS, SERRANO -- 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 the price goug-
ing of medicine
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 OF MEDICINE. 1. FOR THE PURPOSES OF THIS
SECTION, "DRUG SUBJECT TO A SHORTAGE" SHALL MEAN ANY DRUG OR MEDICAL
PRODUCT INTENDED FOR HUMAN USE PUBLICLY REPORTED AS BEING SUBJECT TO A
SHORTAGE BY THE U.S. FOOD AND DRUG ADMINISTRATION ON ITS WEBSITE,
PROVIDED, HOWEVER, THAT A DRUG OR MEDICAL PRODUCT SHALL ONLY BE CONSID-
ERED A "DRUG SUBJECT TO A SHORTAGE" DURING THE PERIOD OF TIME THAT SUCH
DRUG OR MEDICAL PRODUCT IS LISTED AS BEING SUBJECT TO A SHORTAGE ON SUCH
WEBSITE.
2. NO MANUFACTURER, SUPPLIER, WHOLESALER, DISTRIBUTOR OR RETAIL SELLER
OF ANY DRUG SUBJECT TO A SHORTAGE SHALL SELL OR OFFER TO SELL ANY SUCH
DRUG SUBJECT TO A SHORTAGE FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCION-
ABLY EXCESSIVE PRICE.
3. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A QUESTION OF LAW
FOR THE COURT.
(A) THE COURT'S DETERMINATION THAT A VIOLATION OF THIS SECTION HAS
OCCURRED SHALL BE BASED ON ANY OF THE FOLLOWING FACTORS:
(I) THAT THE AMOUNT OF THE EXCESS IN PRICE IS UNCONSCIONABLY EXTREME;
(II) THAT THERE WAS AN EXERCISE OF UNFAIR LEVERAGE OR UNCONSCIONABLE
MEANS; OR
(III) A COMBINATION OF BOTH FACTORS IN SUBPARAGRAPHS (I) AND (II) OF
THIS PARAGRAPH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03763-01-3
co-Sponsors
(D, WF) 25th Senate District
(D, WF) 12th Senate District
(R, C, IP) 54th Senate District
(D, WF) 31st Senate District
2023-S608A - Details
2023-S608A - Sponsor Memo
BILL NUMBER: S608A
SPONSOR: SALAZAR
TITLE OF BILL:
An act to amend the general business law, in relation to the price goug-
ing of medicine
PURPOSE OR GENERAL IDEA OF THE BILL:
This legislation adds medicine to the list of goods and services that
can be classified as possibly being subject to price gouging.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivision 2 of section 396-r of the general business
law to add the phrase "drug shortage" to the definition of "abnormal
disruption of the market" and to further define the phrase "drug short-
age" to mean the issuance of a notice by the U.S. Food and Drug Adminis-
tration declaring a drug shortage.
Section 2: Establishes the effective date.
2023-S608A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
608--A
2023-2024 Regular Sessions
I N S E N A T E
January 5, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, GIANARIS, HELMING, JACKSON,
KRUEGER, LANZA, SANDERS, SERRANO -- read twice and ordered printed,
and when printed to be committed to the Committee on Consumer
Protection -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the general business law, in relation to the price goug-
ing of medicine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 396-r of the general business
law, as amended by chapter 90 of the laws of 2020, is amended to read as
follows:
2. (A) 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 distrib-
ution 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 uncon-
scionably excessive price.
(B) For purposes of this section, the phrase "abnormal disruption of
the market" shall mean any change in the market, whether actual or immi-
nently 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 emergen-
cy, DRUG SHORTAGE, or other cause of an abnormal disruption of the
market which results in the declaration of a state of emergency by the
governor. FOR PURPOSES OF THIS SECTION, THE TERM DRUG SHORTAGE SHALL
MEAN THE ISSUANCE OF A NOTICE BY THE U.S. FOOD AND DRUG ADMINISTRATION
PURSUANT TO SECTION 506C-1 OF THE FEDERAL FOOD DRUGS AND COSMETICS ACT
OR ANY SUCCESSOR PROVISION THEREOF.
(C) For the purposes of this section, the term goods and services
shall include [(a)] (I) consumer goods and services used, bought or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03763-03-3
co-Sponsors
(D, WF) 25th Senate District
(D, WF) 12th Senate District
(R, C, IP) 54th Senate District
(D, WF) 31st Senate District
2023-S608B - Details
2023-S608B - Sponsor Memo
BILL NUMBER: S608B
SPONSOR: SALAZAR
TITLE OF BILL:
An act to amend the general business law, in relation to the price goug-
ing of medicine
PURPOSE OR GENERAL IDEA OF THE BILL:
This legislation adds medicine to the list of goods and services that
can be classified as possibly being subject to price gouging.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivision 2 of section 396-r of the general business
law to add the phrase "drug shortage" to the definition of "abnormal
disruption of the market" and to further define the phrase "drug short-
age" to mean the issuance Of a notice by the U.S. Food and Drug Adminis-
tration declaring a drug shortage.
Section 2: Establishes the effective date.
2023-S608B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
608--B
Cal. No. 77
2023-2024 Regular Sessions
I N S E N A T E
January 5, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, GIANARIS, HELMING, JACKSON,
KRUEGER, LANZA, LIU, SANDERS, SERRANO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
Protection -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and committed to the Committee on Rules -- reported
favorably from said committee, ordered to a third reading, passed by
Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the general business law, in relation to the price goug-
ing of medicine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 396-r of the general business
law, as amended by chapter 90 of the laws of 2020, is amended to read as
follows:
2. (A) 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 distrib-
ution 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 uncon-
scionably excessive price.
(B) For purposes of this section, the phrase "abnormal disruption of
the market" shall mean any change in the market, whether actual or immi-
nently 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 emergen-
cy, DRUG SHORTAGE, or other cause of an abnormal disruption of the
market which results in the declaration of a state of emergency by the
governor.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
co-Sponsors
(D, WF) 25th Senate District
(D, WF) 12th Senate District
(R, C, IP) 54th Senate District
(D, WF) 31st Senate District
2023-S608C (ACTIVE) - Details
2023-S608C (ACTIVE) - Sponsor Memo
BILL NUMBER: S608C
SPONSOR: SALAZAR
TITLE OF BILL:
An act to amend the general business law, in relation to the price goug-
ing of medicine
PURPOSE OR GENERAL IDEA OF THE BILL:
This legislation adds medicine to the list of goods and services that
can be classified as possibly being subject to price gouging.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends subdivision 2 of section 396-r of the general business
law to add the phrase "drug shortage" to the definition of "abnormal
disruption of the market" and to further define the phrase "drug short-
age" to mean the issuance of a notice by the U.S. Food and Drug Adminis-
tration declaring a drug shortage.
Section 2: Establishes the effective date.
2023-S608C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
608--C
Cal. No. 77
2023-2024 Regular Sessions
I N S E N A T E
January 5, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, GIANARIS, HELMING, JACKSON,
KRUEGER, LANZA, LIU, SANDERS, SERRANO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Consumer
Protection -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee and committed to the Committee on Rules -- reported
favorably from said committee, ordered to a third reading, passed by
Senate and delivered to the Assembly, recalled, vote reconsidered,
restored to third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to the price goug-
ing of medicine
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 396-r of the general business
law, as amended by chapter 90 of the laws of 2020, is amended to read as
follows:
2. (A) 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 distrib-
ution 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 uncon-
scionably excessive price.
(B) For purposes of this section, the phrase "abnormal disruption of
the market" shall mean any change in the market, whether actual or immi-
nently 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 emergen-
cy, DRUG SHORTAGE, or other cause of an abnormal disruption of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03763-10-3
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