SB 1172 — An Act amending the act of October 31, 2006 (P.L.1210, No.133), known as the Price Gouging Act, further providing for definitions, for price gouging prohibited and for investigation.

PRIOR PRINTER'S NO.

1755 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

18201172 THE2018 GENERALINTRODUCED ASSEMBLYBY OFVULAKOVICH, PENNSYLVANIASCARNATI, SENATEALLOWAY, BILLARGALL, SessionBARTOLOTTA, BLAKE, BROWNE, EICHELBERGER, FOLMER, HUTCHINSON, KILLION, LANGERHOLC, LAUGHLIN, MARTIN, McGARRIGLE, MENSCH, RAFFERTY, REGAN, RESCHENTHALER, SCAVELLO, STEFANO, VOGEL, WAGNER, WARD, WHITE AND YAW, MAY 21, 2018 REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MAY 21, 2018 AN ACT Amending the act of No.October 31, 2006 (P.L.1210, No.133), penalties," further providing for definitions, for price gouging prohibited and for investigation.

1172 2018 INTRODUCED BY VULAKOVICH, SCARNATI, ALLOWAY, ARGALL, BARTOLOTTA, BLAKE, BROWNE, EICHELBERGER, FOLMER, HUTCHINSON, KILLION, LANGERHOLC, LAUGHLIN, MARTIN, McGARRIGLE, MENSCH, RAFFERTY, REGAN, RESCHENTHALER, SCAVELLO, STEFANO, VOGEL, WAGNER, WARD, WHITE, YAW AND DINNIMAN, MAY 21, 2018 SENATOR VULAKOVICH, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AS AMENDED, JUNE 5, 2018 AN ACT Amending the act of October 31, 2006 (P.L.1210, No.133), penalties," further providing for definitions, for price gouging prohibited and for investigation.

* * * "Cost." A ANY cost directly or indirectly related to the <-- sale of a consumer good or service or the operation of a seller's business.

The term includes a replacement cost, credit <-- card cost, tax and transportation costcost. REPLACEMENT COSTS, CREDIT <-- CARD COSTS, TAXES AND TRANSPORTATION COSTS.

During the period the price restriction is in effect, it shall be a violation of this act for any party within the chain of distribution of consumer goods or services or both to sell or offer to sell the affected goods or services within the geographic region that is the subject of the declared emergency 20180SB1172PN1820 - 2 - for an amount which represents an unconscionably excessive 20180SB1172PN1755 - 2 - price.

(b) [Evidence of unconscionably] Unconscionably excessive price.--[It is prima facie evidence that a price is unconscionably excessive if, during and within 30 days of the termination of a state of disaster emergency, parties within the chain of distribution charge a price that exceeds an amount equal to or in excess of 20% of the average price at which the same or similar consumer goods or services were obtainable in the affected area during the last seven days immediately prior to the declared state of emergency.] WHETHERThe Acourt PRICEshall ISconsider ANall <--relevant UNCONSCIONABLYfactors, EXCESSIVEincluding PRICEwhether ISthere Ais QUESTIONa OFgross LAW.disparity between the seller's price immediately before the price restriction under subsection (a) was imposed and the seller's price following the declaration of a state of disaster emergency and whether the seller's price substantially exceeds those existing on the date and in the locality where the state of disaster emergency was declared.

TheA courtprice shall consider all relevant factors, including whether there is anot grossan disparityunconscionably betweenexcessive the seller's price immediatelyif before the priceprice: restriction under subsection (a) was imposed and the seller's price following the declaration of a state of disaster emergency and whether the seller's price substantially exceeds those existing PREVAILING on the date and in the locality where <-- the state of disaster emergency was declared IN QUESTION.

A <-- price is not an unconscionably excessive price if the price:

or (4) is a contract price, or the result of a price formula, established before the price restriction under 20180SB1172PN1820 - 3 - subsection (a) was imposed.

(c) Nonapplicability.-- 20180SB1172PN1755 - 3 - [(1) The provisions of this section shall not apply if the increase in price is due to a disparity that is substantially attributable to additional costs that arose within the chain of distribution in connection with the sale of consumer goods or services, including replacement costs, credit card costs, taxes and transportation costs.

If, after 20180SB1172PN1820 - 4 - investigating any complaint, the Attorney General finds that there has been a violation of this act, the Attorney General may 20180SB1172PN1755 - 4 - bring an action to impose a civil penalty up to $10,000 for each willful violation, with an aggregate total that may not exceed $25,000 for a 24-hour period against a seller, and to seek other relief, including injunctive relief, restitution and costs under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

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