Bill Text: NY S02679 | 2019-2020 | General Assembly | Introduced

Bill Title: Prohibits any business from charging a price for goods of a substantially similar or like kind on the basis of a person's gender.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-06-20 - COMMITTED TO RULES [S02679 Detail]

Download: New_York-2019-S02679-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
        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.

        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.