STATE OF NEW YORK
________________________________________________________________________
2679
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
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Introduced by Sens. MAYER, BRESLIN, BROOKS, HOYLMAN, JACKSON, LIU, MAY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Consumer Protection
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 of a substantially
5 similar or like kind on the basis of a person's gender.
6 (b) For the purposes of paragraph (a) of this subdivision, "substan-
7 tially similar or like kind" shall be interpreted to mean such goods:
8 (i) share the same brand;
9 (ii) share the same functional components; and
10 (iii) share ninety percent of the same materials or ingredients.
11 (c) For the purposes of this section, "goods" shall not include:
12 (i) any food as defined in subdivision three of section two of the
13 agriculture and markets law; or
14 (ii) goods sold by a new motor vehicle dealer as defined in paragraph
15 f of subdivision one of section four hundred fifteen of the vehicle and
16 traffic law.
17 2. Nothing in subdivision one of this section shall prohibit:
18 (a) price differences based specifically on the labor, materials,
19 tariffs, or other gender-neutral reasons for having increased cost for
20 providing such goods; or
21 (b) a retail establishment from passing through a price to the consum-
22 er that is set by a manufacturer, distributor, or other entity that a
23 retailer cannot control.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01137-01-9
S. 2679 2
1 3. Any business that violates the provisions of this section shall,
2 upon a determination thereof, pay a civil penalty of not more than two
3 hundred fifty dollars for the first violation and for each succeeding
4 violation a civil penalty of not more than five hundred dollars. For
5 the purpose of this section, all identical items priced on the basis of
6 gender shall be considered a single violation.
7 § 2. This act shall take effect immediately.