Bill Text: NY A00629 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits any business from charging a price for goods on the basis of a person's gender; civil penalties.

Spectrum: Strong Partisan Bill (Democrat 37-2)

Status: (Engrossed - Dead) 2020-02-13 - amended on third reading 629a [A00629 Detail]

Download: New_York-2019-A00629-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           629
                               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 -- Multi-Sponsored by
          --  M.  of A. GALEF, WRIGHT -- read once and referred to the Committee
          on Consumer Affairs and 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01137-01-9
        A. 629                              2
     1    (b) a retail establishment from passing through a price to the consum-
     2  er  that  is  set by a manufacturer, distributor, or other entity that a
     3  retailer cannot control.
     4    3.  Any  business  that violates the provisions of this section shall,
     5  upon a determination thereof, pay a civil penalty of not more  than  two
     6  hundred  fifty  dollars  for the first violation and for each succeeding
     7  violation a civil penalty of not more than five hundred  dollars.    For
     8  the  purpose of this section, all identical items priced on the basis of
     9  gender shall be considered a single violation.
    10    § 2. This act shall take effect immediately.