Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to consumer protection |
Mar 31, 2011 |
committee discharged and committed to consumer protection |
Feb 22, 2011 |
notice of committee consideration - requested |
Jan 05, 2011 |
referred to agriculture |
Senate Bill S115
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- 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
co-Sponsors
(D, WF) 28th Senate District
(D, WF) Senate District
2011-S115 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- Agriculture and Markets Law
- Laws Affected:
- Add ยง201-i, Ag & Mkts L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3122
2013-2014: S460
2015-2016: S114
2017-2018: S4881
2011-S115 (ACTIVE) - Summary
Prohibits price gouging on kosher for Passover products; authorizes the department of agriculture and markets to investigate instances of price gouging on such products and to conduct an annual Passover price survey to determine instances of price gouging; authorizes the attorney general to bring an action to stop the alleged price gouging and provides for a civil penalty of $10,000 for an instance of price gouging; establishes a defense to the charge.
2011-S115 (ACTIVE) - Sponsor Memo
BILL NUMBER:S115 TITLE OF BILL: REVISED 12/30/11 An act to amend the agriculture and markets law, in relation to kosher for Passover product price gouging PURPOSE: To prohibit "price gouging" of kosher Passover products by manufacturers, distributors and retailers who sell such kosher products, during the Jewish Passover season. SUMMARY OF PROVISIONS: Section 1 - Amends the Agriculture and Markets Law by adding a new section 201-i. Prohibits manufacturers, distributors and retailers of Kosher for Passover products from offering to sell such products at an excessive price, during the Passover season. Authorizes the Department of Agriculture and Markets to investigate instances of Kosher for Passover product price gouging during the Passover season. Requires such investigation to include an annual Passover price survey to examine the prices of Kosher for Passover products, before, during and after the Passover season. Authorizes the court to impose a civil
2011-S115 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 115 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to kosher for Passover product price gouging THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The agriculture and markets law is amended by adding a new section 201-i to read as follows: S 201-I. KOSHER FOR PASSOVER PRODUCT PRICE GOUGING. 1. DURING THE PASSOVER SEASON, NO PARTY WITHIN THE CHAIN OF DISTRIBUTION OF KOSHER FOR PASSOVER PRODUCTS SHALL SELL OR OFFER TO SELL ANY SUCH PRODUCTS FOR AN AMOUNT WHICH REPRESENTS AN UNCONSCIONABLY EXCESSIVE PRICE. THE DEPART- MENT IS HEREBY AUTHORIZED TO INVESTIGATE INSTANCES OF KOSHER FOR PASS- OVER PRODUCT PRICE GOUGING DURING THE PASSOVER SEASON. SUCH INVESTI- GATION SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANNUAL PASSOVER PRICE SURVEY TO EXAMINE THE PRICES OF KOSHER FOR PASSOVER PRODUCTS BEFORE, DURING AND AFTER THE PASSOVER SEASON. 2. 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; OR (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. (B) IN ANY PROCEEDING COMMENCED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, PRIMA FACIE PROOF THAT A VIOLATION OF THIS SECTION HAS OCCURRED SHALL INCLUDE EVIDENCE THAT: (I) THE AMOUNT CHARGED REPRESENTS A GROSS DISPARITY BETWEEN THE PRICE OF THE GOODS OR SERVICES WHICH WERE THE SUBJECT OF THE TRANSACTION AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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