Pennsylvania HB 1496: An Act amending the act of October 31, 2006 (P.L.1210, No.133), known as the Price Gouging Act, further providing for definitions and for price gouging prohibited.

Bill Text

PRINTER'S NO. 1753
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1496
Session of
2025
INTRODUCED BY ABNEY, BENHAM, KINKEAD, SALISBURY, MAYES, VENKAT,
GOUGHNOUR, INGLIS, MARKOSEK, KULIK, FRANKEL, DEASY, McANDREW,
STEELE, POWELL, D. MILLER, MATZIE, SANCHEZ, PIELLI, RIVERA,
HOHENSTEIN, CEPEDA-FREYTIZ, FLEMING, MADDEN, NEILSON, CIRESI,
GALLAGHER, HADDOCK AND DELLOSO, MAY 21, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, MAY 28, 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 and for price
gouging prohibited.
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 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:
* * *
"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
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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 or local disaster emergency.
Section 2. Section 4(a), (b) and (e) 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
Governor pursuant to the provisions of 35 Pa.C.S. § 7301(c)
(relating to general authority of Governor) or a local disaster
emergency declared by the local governing body pursuant to the
provisions of 35 Pa.C.S. § 7501 (relating to the general
authority of political subdivisions), 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.
(b) Evidence of 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 or local 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.
* * *
(e) Notification.--A trade association, corporation,
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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 or when a local governing body
declares and ceases a local disaster emergency. The Governor,
local governing body or [his] a designee is responsible for
notifying the registered agents upon the declaration and
cessation of the state of emergency or local disaster 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 3. This act shall take effect in 60 days.
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