New Hampshire HB 1504: relative to architectural paint recycling.

Bill Text

HB 1504-FN - AS INTRODUCED

2026 SESSION

 26-2500

 07/09

HOUSE BILL 1504-FN

AN ACT prohibiting retailers from engaging in price gouging on certain necessary products and services.

SPONSORS: Rep. Simpson, Rock. 33; Rep. Veilleux, Hills. 34; Rep. Gruber, Ches. 16; Rep. Telerski, Hills. 11; Rep. Hakken-Phillips, Graf. 12; Rep. N. Murphy, Hills. 12; Rep. Bixby, Straf. 13; Rep. Rung, Hills. 12; Rep. Manohar, Hills. 9; Rep. Weinstein, Rock. 10; Sen. Perkins Kwoka, Dist 21

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

This bill:

 I. Prohibits retailers from raising prices on necessary goods and services, except in certain circumstances.

 II. Empowers any governmental prosecuting authority to sue a retailer engaged in price gouging on behalf of the state.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2500

 07/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT prohibiting retailers from engaging in price gouging on certain necessary products and services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Chapter; Prohibition on Price Gouging. Amend RSA by inserting after chapter 358-T the following new chapter: 

CHAPTER 358-U

PROHIBITION ON PRICE GOUGING

 358-U:1 Definitions. As used in this chapter: 

 I. "Necessities" means goods and services that are necessary for the health, safety, and welfare of consumers or the general public.

 II. "Prosecuting authority" means any prosecutor with jurisdiction over the location where a retailer conducts business.

 III. "Public utility" means a publicly-owned organization that provides essential services to the public.

 IV. "Retailer" means any person offering necessities for sale to the general public.

 V. "Seasonal pricing" means pricing that is consistent with historical data that shows that prices were charged during the same season in the previous 3 years.

 VI. "Triggering event" means the declaration of a state of emergency or a finding of abnormal market disruption, pursuant to RSA 358-U:2, V, by the governor. 

 VII. An "abnormal market disruption" means a significant disruption, whether actual or imminent, to the production, distribution, or sale of goods and services in this state, which are consumed or used as a direct result of an emergency or used to preserve, protect, or sustain life, health, safety, or economic well-being of a person or his or her property. A significant disruption may result from a natural disaster, weather, acts of nature, strike, power or energy failures or shortages, civil disorder, war, terrorist attack, national or local emergency, or other extraordinary adverse circumstances. A significant market disruption can be found only if a declaration of a state of emergency, state of disaster, or similar declaration is made by the President of the United States or an issuance of Code Red/Severe Risk of Attack in the Homeland Security Advisory System is made by the Department of Homeland Security, whether or not such declaration or issuance applies to New Hampshire. 

 358-U:2 Prohibition on Price Gouging. 

 I. Upon a triggering event, a person shall be in violation of this chapter for selling or renting, or offering to sell or rent, any goods or services which are consumed or used as a direct result of an emergency or which are consumed or used to preserve, protect, or sustain life, health, safety, or economic well-being of persons or their property with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances. This prohibition shall apply to all parties in the chain of distribution, including a manufacturer, supplier, wholesaler, distributor, or retail seller of goods or services. This prohibition shall apply in the area where the state of disaster or emergency has been declared or the abnormal market disruption has been found. 

 II. In determining whether a price is unreasonably excessive, it shall be considered whether: 

 (a) The price charged by the seller is attributable to additional costs imposed by the seller's supplier or other costs of providing the good or service during the triggering event.

 (b) The price charged by the seller exceeds the seller's average price in the preceding 60 days before the triggering event. If the seller did not sell or rent or offer to sell or rent the goods or service in question prior to the time of the triggering event, the price at which the goods or service was generally available in the trade area shall be used as a factor in determining if the seller is char