STATE OF NEW YORK
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629--A
Cal. No. 29
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
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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, GRIFFIN, STIRPE,
WILLIAMS, CRUZ, FERNANDEZ, REYES, McMAHON, SIMOTAS, ASHBY -- Multi-
Sponsored by -- M. of A. GALEF, WRIGHT -- read once and referred to
the Committee on Consumer Affairs and Protection -- ordered to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
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 on the basis of
5 gender.
6 (b) For the purposes of this section, "goods" shall not include:
7 (i) any food as defined in subdivision three of section two of the
8 agriculture and markets law; or
9 (ii) goods sold by a new motor vehicle dealer as defined in paragraph
10 f of subdivision one of section four hundred fifteen of the vehicle and
11 traffic law.
12 (c) For the purposes of this section, "business" shall include any
13 business that sells goods to any individual or entity, including, but
14 not limited to, retailers, suppliers, manufacturers, and distributors.
15 2. Nothing in subdivision one of this section shall prohibit:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01137-03-0
A. 629--A 2
1 (a) price differences based specifically on the labor, materials,
2 tariffs, or other gender-neutral reasons for having increased cost for
3 providing such goods; or
4 (b) a retail establishment from passing through a price to the consum-
5 er that is based on differences in prices charged for various products
6 by suppliers, manufacturers, distributors, or other entities that a
7 retailer cannot control.
8 3. Whenever there shall be a violation of this section, an applica-
9 tion may be made by the attorney general in the name of the people of
10 the state of New York, to a court or justice having jurisdiction by a
11 special proceeding to issue an injunction, and upon notice to the
12 defendant of not less than five days, to enjoin and restrain the contin-
13 uance of such violation; and if it shall appear to the satisfaction of
14 the court or justice that the defendant has, in fact, violated this
15 section, an injunction may be issued by the court or justice, enjoining
16 and restraining any further violations, without requiring proof that any
17 person has, in fact, been injured or damaged thereby. In any such
18 proceeding, the court may make allowances to the attorney general as
19 provided in paragraph six of subdivision (a) of section eighty-three
20 hundred three of the civil practice law and rules, and direct restitu-
21 tion. Whenever the court shall determine that a violation of this
22 section has occurred, the court may impose a civil penalty not to exceed
23 two hundred fifty dollars for the first violation and not to exceed five
24 hundred dollars for each subsequent violation. In connection with any
25 such proposed application, the attorney general is authorized to take
26 proof and make a determination of the relevant facts and to issue
27 subpoenas in accordance with the civil practice law and rules. For the
28 purposes of this section, all identical items priced on the basis of
29 gender shall be considered a single violation.
30 § 2. This act shall take effect immediately.
