SB 25 — NO DIFFERENTIAL PRICING BASED ON GENDER

SENATE BILL 25 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Michael Padilla and Elizabeth "Liz" Stefanics Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

PROHIBITING DIFFERENTIAL PRICING h OR SERVICE BASED ON THE BUYER'S GENDER OR PERCEIVED GENDER gIDENTITY; o IDENTITY SPACº ;

MAKING AN EXCEPTION»SPACEXCEPTION. SJCº;

MAKING6 ANBE tIT hrENACTED gBY eTHE iLEGISLATURE kOF EXCEPTION»SJC.THE STATE OF NEW MEXICO:

hSECTION r1. i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

eSection u57-12-2 gNMSA e1978 b(being lLaws e1967, eChapter h268, SECTIONSection 1.2, as amended) is amended to read:

Section"57-12-2. 57-12-2 NMSA 1978 (being Laws 1967, n d d i = = o h Chapter 268, Section 2, as amended) is amended to read:

lDEFINITIONS.--As ]used bin ,dthe iUnfair aPractices ºAct: e "57-12-2.

DEFINITIONS.--AsA. used in the Unfair Practices r i = r t e w d m a n o Act:

d m :

b e d s º o t n = .211158.1 s k m e e a n e d r e l u [ A d A.

or (2) in which the purchaser is accorded the SB 25 right of rescission by the provisions of the federal Consumer Page 1 Credit Protection Act, 15 U.S.C.

1635, or regulations issued h pursuant thereto;

u » r C.

"trade" or "commerce" includes the advertising, t h g e l i offering for sale or distribution of any services and any h r i s property and any other article, commodity or thing of value, h , e h including any trade or commerce directly or indirectly t u g e b l e e , gh affecting the people of this state;

n d d i = = o h D.

"unfair or deceptive trade practice" means an lact ]specifically bdeclared ,dunlawful ipursuant to the Unfair Practices Act, a ºfalse ror actmisleading specificallyoral declaredor unlawfulwritten pursuantstatement, tovisual description or other representation of any kind knowingly made in connection with the Unfairsale, elease, rrental =or tloan eof wgoods dor mservices aor nin othe Practicesextension Act,of credit or in the collection of debts by a falseperson in the regular course of the person's trade or misleadingcommerce, oralthat may, tends to or writtendoes statement,deceive dor mmislead :any person and includes:

b r e t º o t n = .211158.1 s k m e - 2 - e a n e d r e l u [ A d visual description or other representation of any kind knowingly made in connection with the sale, lease, rental or loan of goods or services or in the extension of credit or in the collection of debts by a person in the regular course of the person's trade or commerce, that may, tends to or does deceive or mislead any person and includes:

SB 25 Page 2 (4) using deceptive representations or h designations of geographic origin in connection with goods or u » r services;

t h g e l i (5) representing that goods or services have h r i s sponsorship, approval, characteristics, ingredients, uses, h , e h benefits or quantities that they do not have or that a person t u g e b l e e , gh has a sponsorship, approval, status, affiliation or connection n d d i = = o h that the person does not have;

l ] b ,d i a º r (6) representing that goods are original or e r = t e w d m a n o new if they are deteriorated, altered, reconditioned, dreclaimed, mused :or secondhand;

b r e t º o t n = .211158.1 s k m e - 3 - e a n e d r e l u [ A d reclaimed, used or secondhand;

(11) making false or misleading statements of fact concerning the price of goods or services, the prices of competitors or one's own price at a past or future time or SB 25 Page 3 the reasons for, existence of or amounts of price reduction;

h (12) making false or misleading statements of u » r fact for the purpose of obtaining appointments for the t h g e l i demonstration, exhibition or other sales presentation of goods h r i s or services;

h , e h (13) packaging goods for sale in a container t u g e b l e e , gh that bears a trademark or trade name identified with goods n d d i = = o h formerly packaged in the container, without authorization, l ] b ,d i a º r unless the container is labeled or marked to disclaim a e r = t e w d m a n o connection between the contents and the trademark or trade dname; m :

b r e t º o t n = .211158.1 s k m e - 4 - e a n e d r e l u [ A d name;

[or ] (18) violating the Tobacco Escrow Fund Act;

[and ] or (19) offering or providing unposted or unadvertised pricing or service based on the buyer's gender or perceived gender identityidentity; SPACº;

provided, however, that this SB 25 Page 4 provision does not apply to persons regulated by the office of h superintendent of insurance pursuant to the New Mexico g o t hr Insurance Code»SPACCode; SJCº;

provided,and however,E. that this g e i k provision does not apply to persons regulated by the office of h r i s superintendent of insurance pursuant to the New Mexico h , t, e u g Insurance Code»SJC;

and"unconscionable etrade bpractice" lmeans ean eact hor E.practice in connection with the sale, lease, rental or loan, or in connection with the offering for sale, lease, rental or loan, of any goods or services, including services provided by licensed professionals, or in the extension of credit or in the collection of debts that to a person's detriment:

"unconscionable trade practice" means an act or n d d i = = o h practice in connection with the sale, lease, rental or loan, or l ] b ,d i a º e r i = r in connection with the offering for sale, lease, rental or t e w d m a n o loan, of any goods or services, including services provided by d m :

b e d s º o t n = .211158.1 s k m e - 5 - e a n e d r e l u [ A d licensed professionals, or in the extension of credit or in the collection of debts that to a person's detriment:

or (2) results in a gross disparity between the value received by a person and the price paid." -SB 625 -Page »5 g25 o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .211158.1 s k em e e a n e d r e l u [ A d