New York State Assembly

 
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A00629 Summary:

A00629 Actions:

A00629 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:DenDekker      
DATE:04/30/2019AYE/NAY:16/0  Action: Favorable refer to committee Codes        
DenDekker
Aye
Mikulin
Aye
Abbate
Aye
McDonough
Aye
Quart
Aye
Miller
Aye
Buchwald
Aye
Palumbo
Aye
Simon
Aye
Dilan
Aye
Seawright
Aye
Rozic
Aye
Niou
Aye
Pheffer Amato
Aye
Williams
Aye
Fall
Aye

Committee:CODES   Chair:Lentol      
DATE:05/07/2019AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Absent
Hevesi
Excused
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A00629 Floor Votes:

A00629 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         629--A
                                                                 Cal. No. 29
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. ROZIC, WALLACE, MOSLEY, MAGNARELLI, ORTIZ, SIMON,
          JEAN-PIERRE,  WALKER,  BENEDETTO,  CRESPO,  GLICK, DE LA ROSA, D'URSO,
          PHEFFER AMATO, HYNDMAN, GOTTFRIED, BLAKE, RIVERA, DICKENS,  SEAWRIGHT,
          WEPRIN,  L. ROSENTHAL,  COLTON,  SOLAGES,  MONTESANO, GRIFFIN, STIRPE,
          WILLIAMS, CRUZ, FERNANDEZ, REYES, McMAHON, SIMOTAS,  ASHBY  --  Multi-
          Sponsored  by  --  M. of A. GALEF, WRIGHT -- read once and referred to
          the Committee on Consumer Affairs and Protection -- ordered 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 prohibiting
          businesses from charging a price for goods on the basis of gender
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  391-u to read as follows:
     3    § 391-u. Charging a price for goods on the basis of gender prohibited.
     4  1.  (a)  No  business  shall  charge  a  price for goods on the basis of
     5  gender.
     6    (b) For the purposes of this section, "goods" shall not include:
     7    (i) any food as defined in subdivision three of  section  two  of  the
     8  agriculture and markets law; or
     9    (ii)  goods sold by a new motor vehicle dealer as defined in paragraph
    10  f of subdivision one of section four hundred fifteen of the vehicle  and
    11  traffic law.
    12    (c)  For  the  purposes  of this section, "business" shall include any
    13  business that sells goods to any individual or  entity,  including,  but
    14  not limited to, retailers, suppliers, manufacturers, and distributors.
    15    2. Nothing in subdivision one of this section shall prohibit:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01137-03-0
        A. 629--A                           2
 
     1    (a)  price  differences  based  specifically  on the labor, materials,
     2  tariffs, or other gender-neutral reasons for having increased  cost  for
     3  providing such goods; or
     4    (b) a retail establishment from passing through a price to the consum-
     5  er  that  is based on differences in prices charged for various products
     6  by suppliers, manufacturers, distributors,  or  other  entities  that  a
     7  retailer cannot control.
     8    3.    Whenever there shall be a violation of this section, an applica-
     9  tion may be made by the attorney general in the name of  the  people  of
    10  the  state  of  New York, to a court or justice having jurisdiction by a
    11  special proceeding to issue  an  injunction,  and  upon  notice  to  the
    12  defendant of not less than five days, to enjoin and restrain the contin-
    13  uance  of  such violation; and if it shall appear to the satisfaction of
    14  the court or justice that the defendant  has,  in  fact,  violated  this
    15  section,  an injunction may be issued by the court or justice, enjoining
    16  and restraining any further violations, without requiring proof that any
    17  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
    18  proceeding,  the  court  may  make allowances to the attorney general as
    19  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    20  hundred  three  of the civil practice law and rules, and direct restitu-
    21  tion. Whenever the court  shall  determine  that  a  violation  of  this
    22  section has occurred, the court may impose a civil penalty not to exceed
    23  two hundred fifty dollars for the first violation and not to exceed five
    24  hundred  dollars  for  each subsequent violation. In connection with any
    25  such proposed application, the attorney general is  authorized  to  take
    26  proof  and  make  a  determination  of  the  relevant facts and to issue
    27  subpoenas in accordance with the civil practice law and rules.  For  the
    28  purposes  of  this  section,  all identical items priced on the basis of
    29  gender shall be considered a single violation.
    30    § 2. This act shall take effect immediately.