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A02964 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Governmental Operations  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the general business law, in relation to prohibiting
          discriminatory practices relating to the cost of goods

          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
     2  section 391-u to read as follows:
     3    § 391-u. Unlawful discriminatory practice  relating  to  the  cost  of
     4  goods.  1.  (a)  It shall be an unlawful discriminatory practice for any
     5  business to charge a price for goods of a substantially similar or  like
     6  kind on the basis of a person's gender.
     7    (b)  For  the purposes of paragraph (a) of this subdivision, "substan-
     8  tially similar or like kind" shall be interpreted to mean such goods:
     9    (i) share the same brand;
    10    (ii) share the same functional components; and
    11    (iii) share ninety percent of the same materials or ingredients.
    12    (c) For the purposes of this section, "goods" shall not include:
    13    (i) any food as defined in subdivision three of  section  two  of  the
    14  agriculture and markets law; or
    15    (ii)  goods sold by a new motor vehicle dealer as defined in paragraph
    16  f of subdivision one of section four hundred fifteen of the vehicle  and
    17  traffic law.
    18    2. Nothing in subdivision one of this section shall prohibit:
    19    (a)  price  differences  based  specifically  on the labor, materials,
    20  tariffs, or other gender-neutral reasons for having increased  cost  for
    21  providing such goods; or
    22    (b) a retail establishment from passing through a price to the consum-
    23  er  that  is  set by a manufacturer, distributor, or other entity that a
    24  retailer cannot control.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2964--A                          2
     1    3. Any business who shall  violate  the  provisions  of  this  section
     2  shall,  upon  conviction  thereof,  pay a civil penalty of not less than
     3  fifty dollars and not more than two hundred fifty dollars for the  first
     4  offense  and  for each succeeding offense a penalty of not less than one
     5  hundred  dollars  nor  more  than  five  hundred  dollars  for each such
     6  violation. For the purpose of this section,  each  good  priced  on  the
     7  basis of gender shall be considered a single and separate violation.
     8    § 2. This act shall take effect immediately.
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