S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3022
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   price gouging on certain consumer goods sold at thruway gas  stations,
   restaurants, and other facilities

   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. 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  results in the declaration of a state of emergency by the
 governor. For the purposes of this section, the term goods and  services
 shall  include  (a) consumer goods and services used, bought or rendered
 primarily for personal, family  or  household  purposes,  (b)  essential
 medical  supplies  and  services  used  for  the care, cure, mitigation,
 treatment or prevention of any illness or disease,  and  (c)  any  other
 essential  goods  and  services used to promote the health or welfare of
 the public. This prohibition shall apply to all parties within the chain
 of  distribution,  including  any  manufacturer,  supplier,  wholesaler,
 distributor  or  retail  seller of goods or services or both sold by one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06569-01-3
              

 A. 3022                             2
 
 party to another when the product sold was located in the state prior to
 the sale. THIS PROHIBITION  SHALL  ALSO  APPLY  TO  CONSUMER  GOODS  AND
 SERVICES  SOLD AT SERVICE FACILITIES ESTABLISHED PURSUANT TO SUBDIVISION
 TEN  OF  SECTION THREE HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW.
 Goods and services shall also include any  repairs  made  by  any  party
 within  the  chain  of  distribution of goods on an emergency basis as a
 result of such abnormal disruption of the market.
   § 2. This act shall take effect immediately.