Assembly Bill A237

2019-2020 Legislative Session

Relates to price gouging

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A237 (ACTIVE) - Details

See Senate Version of this Bill:
S803
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3656
2015-2016: A2133, S2825
2017-2018: A334, S5440
2021-2022: A5850, S4565
2023-2024: S3079

2019-A237 (ACTIVE) - Summary

Relates to price gouging; defines unconscionably excessive price for the purposes of prohibiting price gouging during abnormal disruption of the market.

2019-A237 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    237
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, THIELE, HEVESI, GUNTHER, M. G. MILL-
   ER, STIRPE -- read once and referred  to  the  Committee  on  Consumer
   Affairs and 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 510 of the laws of 1998, subdivision 4 as amended by chapter 224
 of the laws of 2008, 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 consumer goods have taken unfair advantage of consumers
 by charging grossly excessive prices for essential  consumer  goods  and
 services.
   In  order to prevent any party within the chain of distribution of any
 consumer goods from taking unfair advantage of consumers 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 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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