New York A 9348: Establishes a rural remote recruitment program

Status: REFERRED TO ECONOMIC DEVELOPMENT (as of 2024-03-06)

State: New York · Session: 2023-2024 · Bill: A 9348

Sponsors: Robert Smullen, Brian Manktelow, Chris Tague, David McDonough, Eric Brown, Joe Angelino, Joe DeStefano, John Lemondes, Michael J. Norris, Philip Palmesano

Bill Text

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A09348 Summary:

BILL NOA09348A

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SAME ASSAME AS S08483-C

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SPONSORTorres

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COSPNSR

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MLTSPNSR

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Add §219, Gen Bus L

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Prohibits online retailers from basing reference prices on the hardware, software, or geolocation of an online device.

Go to top A09348 Actions:

BILL NOA09348A

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12/15/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

05/12/2026amend and recommit to consumer affairs and protection

05/12/2026print number 9348a

Go to topA09348 Committee&nbspVotes:

Go to topA09348 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09348 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9348--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 December 15, 2025
 ___________

 Introduced by M. of A. TORRES -- read once and referred to the Committee
 on Consumer Affairs and Protection -- recommitted to the Committee on
 Consumer Affairs and Protection in accordance with Assembly Rule 3,
 sec. 2 -- 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
 online retailers from basing prices on certain criteria

 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
 2 219 to read as follows:
 3 § 219. Online retailer pricing. 1. For the purposes of this section,
 4 the following terms shall have the following meanings:
 5 (a) "Bona fide discount" means a genuine reduction in price that is
 6 referred to as such to consumers. Entities may reasonably interpret the
 7 term "bona fide discount" to mean a genuine reduction from a contempora-
 8 neous or recent reference price that is established absent of deceptive,
 9 abusive and unfair practices as required by section three hundred
 10 forty-nine of this chapter and 16 CFR 233.
 11 (b) "Consumer price" means the reference price with adjustments based
 12 on bona fide discounts, including sales, coupons, promotions or other
 13 discounts.
 14 (c) "Reference price" means the actual amount a consumer must pay for
 15 any good or service, including mandatory fees or charges necessary to
 16 receive such good or service except taxes or fees imposed by a govern-
 17 ment, that is openly and actively offered to the public in the regular
 18 course of business for a reasonably substantial and recent period in
 19 time.
 20 (d) "Hardware state" shall mean the condition or mode of existence of
 21 a system, component, or simulation, including, but not limited to,
 22 battery life, number of wireless connections detected, and age of the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13624-08-6

 A. 9348--A 2

 1 device, data that is erased when an online device is restarted or
 2 powered down, and data that is retained when an online device is
 3 restarted or powered down.
 4 (e) "Online device" shall mean a physical object that has built-in
 5 resources that allow it to communicate through the internet or a short-
 6 range wireless technology and react to interface conditions, including,
 7 but not limited to, a laptop computer, a desktop computer, a tablet, a
 8 smartphone, or other smart hardware.
 9 (f) "Personal data" means any data that identifies or could reasonably
 10 be linked, directly or indirectly, with a specific consumer or device.
 11 2. (a) A reference price offered to a consumer through such consumer's
 12 online device shall not be generated by any online retailer or retail
 13 mercantile establishment, in whole or in part, based on any of the
 14 following input data, to the extent that it is not used or processed as
 15 personal data:
 16 (i) The hardware or hardware state of such online device;
 17 (ii) The presence or absence of any software on such online device.
 18 Provided, however, a consumer price may be offered to a consumer through
 19 the consumer's online device if the consumer has downloaded an applica-
 20 tion or software and opted into such application or software to purchase
 21 a product or service; or
 22 (iii) Geo

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