Assembly Bill A3751B

2013-2014 Legislative Session

Relates to price gouging of medicine

download bill text pdf

Sponsored By

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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A3751 - Details

See Senate Version of this Bill:
S2138
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8801, S6514
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2013-A3751 - Summary

Relates to price gouging of medicine.

2013-A3751 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3751

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced by M. of A. CRESPO, RODRIGUEZ, RAMOS -- Multi-Sponsored by --
  M. of A. ARROYO, BRENNAN, CAMARA, DUPREY, FINCH, HOOPER, MOYA, RIVERA,
  ROBINSON,  SCHIMEL  --  read  once  and  referred  to the Committee on
  Consumer Affairs and 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:
  S  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 PARTY WITHIN THE CHAIN OF DISTRIBUTION 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 UNCONSCIONABLY 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.
                                                           LBD02559-01-3

co-Sponsors

multi-Sponsors

2013-A3751A - Details

See Senate Version of this Bill:
S2138
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8801, S6514
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2013-A3751A - Summary

Relates to price gouging of medicine.

2013-A3751A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3751--A
                                                        Cal. No. 310

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A.  CRESPO,  RODRIGUEZ, RAMOS, MAISEL, DINOWITZ,
  SKOUFIS, ENGLEBRIGHT, MONTESANO, GIBSON, SCARBOROUGH, ROBERTS, GABRYS-
  ZAK, SANTABARBARA -- Multi-Sponsored by -- M. of A. ABINANTI,  ARROYO,
  BOYLAND,  BRAUNSTEIN,  BRENNAN,  CAMARA, COLTON, COOK, CROUCH, DUPREY,
  FINCH, GOTTFRIED, HEASTIE, HOOPER, MOSLEY, MOYA, PERRY, RIVERA, ROBIN-
  SON, ROSA, SCHIMEL, SEPULVEDA -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes -- reported from committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on 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. The general business law is amended by adding a new section
396-rrr to read as follows:
  S  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 PARTY WITHIN THE CHAIN OF DISTRIBUTION 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 UNCONSCIONABLY 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2013-A3751B (ACTIVE) - Details

See Senate Version of this Bill:
S2138
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §396-rrr, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8801, S6514
2015-2016: A6731, S4508
2017-2018: A7087, S5262
2019-2020: S256
2021-2022: S3947

2013-A3751B (ACTIVE) - Summary

Relates to price gouging of medicine.

2013-A3751B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3751--B
                                                        Cal. No. 310

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A.  CRESPO,  RODRIGUEZ, RAMOS, MAISEL, DINOWITZ,
  SKOUFIS, ENGLEBRIGHT, MONTESANO, GIBSON, SCARBOROUGH, ROBERTS, GABRYS-
  ZAK, SANTABARBARA -- Multi-Sponsored by -- M. of A. ABINANTI,  ARROYO,
  BOYLAND,  BRAUNSTEIN,  BRENNAN,  CAMARA, COLTON, COOK, CROUCH, DUPREY,
  FINCH, GOTTFRIED, HEASTIE, HOOPER, MOSLEY, MOYA, PERRY, RIVERA, ROBIN-
  SON, ROSA, SCHIMEL, SEPULVEDA -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection -- reported and referred to the
  Committee on Codes -- reported from committee,  advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading -- passed by  Assembly  and  delivered  to  the
  Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
  ordered reprinted, retaining its place on 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. The general business law is amended by adding a new section
396-rrr to read as follows:
  S  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 PARTY WITHIN THE CHAIN OF DISTRIBUTION 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 UNCONSCIONABLY EXCESSIVE PRICE.
  3. WHETHER A PRICE IS UNCONSCIONABLY EXCESSIVE IS A  QUESTION  OF  LAW
FOR THE COURT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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