Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 27, 2023 | referred to consumer protection |
senate Bill S3079
Sponsored By
Andrew J. Lanza
(R, C, IP, RFM) 24th Senate District
Current Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
S3079 (ACTIVE) - Details
S3079 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3079 SPONSOR: LANZA TITLE OF BILL: An act to amend the general business law, in relation to price gouging PURPOSE OR GENERAL IDEA OF BILL: To further define "unconscionably excessive price" in the context of price gouging. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Section 396-r of the General Business law. The bill provides that during periods of abnormal disruption of the market for consumer goods and services vital and necessary for the health, safety and welfare. Of consumers, no party within the chain of distribution of such consumer goods shall offer to sell goods for an "unconscionably excessive price." Unconscionably excessive prices is further defined as a price that is excessive as compared to the price at which the good or service was sold or offered for sale by the seller in the usual course
S3079 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3079 2023-2024 Regular Sessions I N S E N A T E January 27, 2023 ___________ Introduced by Sen. LANZA -- 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 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 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], WHERE SUCH ABNORMAL DISRUPTION results in the declara- tion of a state of emergency by the governor. For the purposes of this EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07485-01-3
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