Bill Text: NY A09451 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits price gouging on certain consumer goods sold at thruway gas stations, restaurants, and other facilities.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2022-04-26 - held for consideration in consumer affairs and protection [A09451 Detail]

Download: New_York-2021-A09451-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9451

                   IN ASSEMBLY

                                      March 7, 2022
                                       ___________

        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:

     1    Section 1. Subdivision 2 of section 396-r of the general business law,
     2  as amended by chapter 90 of the laws of 2020,  is  amended  to  read  as
     3  follows:
     4    2. During any abnormal disruption of the market for goods and services
     5  vital  and  necessary for the health, safety and welfare of consumers or
     6  the general public, no party within the chain of  distribution  of  such
     7  goods  or services or both shall sell or offer to sell any such goods or
     8  services or both for an amount which represents an unconscionably exces-
     9  sive  price.  For  purposes  of  this  section,  the  phrase   "abnormal
    10  disruption  of  the market" shall mean any change in the market, whether
    11  actual or imminently  threatened,  resulting  from  stress  of  weather,
    12  convulsion  of  nature,  failure  or shortage of electric power or other
    13  source of energy, strike, civil disorder, war, military action, national
    14  or local emergency, or other cause of  an  abnormal  disruption  of  the
    15  market  which  results in the declaration of a state of emergency by the
    16  governor. For the purposes of this section, the term goods and  services
    17  shall  include  (a) consumer goods and services used, bought or rendered
    18  primarily for personal, family  or  household  purposes,  (b)  essential
    19  medical  supplies  and  services  used  for  the care, cure, mitigation,
    20  treatment or prevention of any illness or disease,  and  (c)  any  other
    21  essential  goods  and  services used to promote the health or welfare of
    22  the public. This prohibition shall apply to all parties within the chain
    23  of  distribution,  including  any  manufacturer,  supplier,  wholesaler,
    24  distributor  or  retail  seller of goods or services or both sold by one
    25  party to another when the product sold was located in the state prior to
    26  the sale. This prohibition  shall  also  apply  to  consumer  goods  and
    27  services  sold at service facilities established pursuant to subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14897-01-2
        A. 9451                             2

     1  ten of section three hundred fifty-four of the public  authorities  law.
     2  Goods  and  services  shall  also  include any repairs made by any party
     3  within the chain of distribution of goods on an  emergency  basis  as  a
     4  result of such abnormal disruption of the market.
     5    § 2. This act shall take effect immediately.