PRINTER'S NO. 1513
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1148
Session of
2022
INTRODUCED BY CAPPELLETTI, SAVAL, FONTANA, KANE, KEARNEY, MUTH
AND COSTA, MARCH 24, 2022
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
MARCH 24, 2022
AN ACT
Amending the act of October 31, 2006 (P.L.1210, No.133),
entitled "An act prohibiting price gouging; and imposing
penalties," further providing for purpose, for definitions,
for price gouging prohibited and for investigation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of October 31, 2006
(P.L.1210, No.133), known as the Price Gouging Act, is amended
to read:
Section 2. Purpose.
The General Assembly finds and declares as follows:
(1) In an economic market there are periods of
disruption of the market which cause an uneven flow of supply
of consumer goods. During these periods, consumer demand
outweighs supply, sometimes heavily.
(2) These periods of disruption result from many
factors, including extreme weather conditions, depletion of
stockpiles, labor strikes, civil disorder, natural or manmade
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emergencies [or], disasters and military action or pandemics.
(3) During these periods, parties involved in the sale
and resale of consumer goods and services sometimes take
unfair advantage of [consumers] others in the chain of
distribution and end users, including persons, businesses and
government entities in this Commonwealth by charging
unconscionably excessive prices, or price gouging.
(4) To prevent this, the General Assembly should
prohibit price gouging and impose penalties on violators.
Section 2. The definition of "consumer goods or services" in
section 3 of the act is amended to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Consumer goods or services." [Those] The term includes:
(1) those items used, bought or rendered [primarily] for
personal, family or household purposes[.];
(2) essential medical supplies or services used for the
care, cure, mitigation, treatment or prevention of an illness
or disease; or
(3) goods or services used to promote health, safety or
welfare of the public.
* * *
Section 3. Sections 4(a) and (e) and 5(a) of the act are
amended to read:
Section 4. Price gouging prohibited.
(a) Prohibition.--[During and within 30 days of the
termination of a state of disaster emergency declared by the
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Governor pursuant to the provisions of 35 Pa.C.S. ยง 7301(c)
(relating to general authority of Governor),] When a period of
disruption of the market results from an extreme weather
condition, a depletion of stockpiles, civil disorder, natural or
manmade disaster, military action or pandemic that causes an
uneven flow of consumer goods or services or both to a
geographic region of the Commonwealth, 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
goods or services within the geographic region [that is the
subject of the declared emergency] for an amount which
represents an unconscionably excessive price.
* * *
[(e) Notification.--A trade association, corporation,
partnership, person or other entity may register an agent for
the purpose of being notified when the Governor declares and
ceases a state of emergency. The Governor or his designee is
responsible for notifying the registered agents upon the
declaration and cessation of the state of emergency. Lack of
notification or the failure to receive notification of the
declaration and cessation of an emergency shall not be a defense
with respect to any violation of this act.]
Section 5. Investigation.
(a) Authority.--The [Bureau of Consumer Protection in the]
Office of Attorney General shall investigate any complaints
received concerning violations of this act. If, after
investigating any complaint, the Attorney General finds that
there has been a violation of this act, the Attorney General may
bring an action to impose a civil penalty up to $10,000 for each
violation and to seek other relief, including injunctive relief,
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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.
* * *
Section 4. This act shall take effect in 60 days.
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