Pennsylvania HB 1914: An Act amending Title 1 (General Provisions) of the Pennsylvania Consolidated Statutes, in rules of construction, further providing for definitions.

Bill Text

PRINTER'S NO. 2395
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1914
Session of
2025
INTRODUCED BY MAKO, OCTOBER 1, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, OCTOBER 1, 2025
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 definitions, for price
gouging prohibited and for investigation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "unconscionably excessive" in
section 3 of the act of October 31, 2006 (P.L.1210, No.133),
known as the Price Gouging Act, is amended and the section is
amended by adding a definition 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:
* * *
"Cost." 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 replacement costs, credit card
costs, taxes and transportation costs .
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* * *
["Unconscionably excessive." A price is unconscionably
excessive when the amount charged represents a gross disparity
between the price of the consumer goods or services and the
price at which the consumer goods or services were sold or
offered for sale within the chain of distribution in the usual
course of business seven days immediately prior to the state of
disaster emergency.]
Section 2. Sections 4(a), (b), (c) and (d) 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] On the declaration of a state of disaster emergency
[declared] by the Governor pursuant to the provisions of 35
Pa.C.S. § 7301(c) (relating to general authority of Governor),
the Governor may, by expressly stating in a declaration of a
state of disaster emergency that the provisions of this act are
applicable , impose a price restriction under this section on the
sale of consumer goods or services necessary for use or
consumption in the affected geographic area as a direct result
of the state of disaster emergency for a period of 15 days. The
price restriction may be renewed for up to three additional 15-
day periods as may be necessary. 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 for an amount which represents an
unconscionably excessive price.
(b) [Evidence of unconscionably] Unconscionably excessive
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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.]
(1) Whether a price is an unconscionably excessive price
is a question of law. The court shall consider all relevant
factors, including whether there is a gross 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
prevailing on the date and in the locality in question.
(2) A price is not an unconscionably excessive price if
the price:
(i) is 10% or less above the seller's price
immediately before the price restriction under subsection
(a) was imposed;
(ii) is 10% or less above the sum of the seller's
cost and normal markup for the good or service;
(iii) is consistent with price fluctuations in
applicable commodity, regional, national or international
markets or with seasonal price fluctuations; or
(iv) is a contract price, or the result of a price
formula, including a price formula used in connection
with the reservation of goods or services for future use,
established before the price restriction under subsection
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(a) was imposed.
(3) It is prima facie evidence that a price is an
unconscionably excessive price if none of the factors in
paragraph (2) applies to that price.
(c) Nonapplicability.--
[(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 aros