Indiana 2022 1st Special Session

Indiana House Bill HB1011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1011(ss)
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-6-9.1.
7	7	Synopsis: Infant formula price gouging. Defines "price gouging" to
8	8	include charging a consumer an unconscionable amount for the sale of
9	9	infant formula. Provides that price gouging occurs in the sale of infant
10	10	formula if the price at which the infant formula is sold grossly exceeds
11	11	the average price charged for infant formula of the same brand and type
12	12	in retail establishments in Indiana on or about the date on which the
13	13	infant formula is sold. Authorizes the attorney general to investigate
14	14	complaints, seek injunctive relief, seek restitution for victims, and
15	15	institute actions to collect civil penalties in cases of price gouging in
16	16	the sale of infant formula. Provides that a court may assess a civil
17	17	penalty of up to $1,000 for each transaction against a retailer found to
18	18	have committed price gouging in the sale of infant formula.
19	19	Effective: Upon passage.
20	20	Bauer M
21	21	July 28, 2022, read first time and referred to Committee on Rules and Legislative
22	22	Procedures.
23	23	2022(ss) IN 1011—LS 6017/DI 55 Introduced
24	24	Special Session of the 122nd General Assembly (2022)(ss)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2022 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1011(ss)
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning state
36	36	offices and administration.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 4-6-9.1-1 IS AMENDED TO READ AS
39	39	2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) Sections 1
40	40	3 through 7 The provisions of this chapter relating to price gouging in
41	41	4 the sale of fuel apply to:
42	42	5 (1) the period during which an emergency is declared; and
43	43	6 (2) the twenty-four (24) hours before the declaration of the
44	44	7 emergency;
45	45	8 by the governor under IC 10-14-3-12 or IC 10-14-3-13.
46	46	9 (b) The definitions in IC 10-14-3 apply to this chapter.
47	47	10 SECTION 2. IC 4-6-9.1-2 IS AMENDED TO READ AS
48	48	11 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) For purposes
49	49	12 of The following definitions apply throughout this chapter:
50	50	13 (1) "Infant formula" means a food that is manufactured,
51	51	14 packaged, and labeled specifically for special dietary use
52	52	15 solely as a food for infants by reason of:
53	53	16 (A) its simulation of human milk; or
54	54	17 (B) its suitability as a complete or partial substitute for
55	55	2022(ss) IN 1011—LS 6017/DI 55 2
56	56	1 human milk.
57	57	2 (2) "Price gouging" means charging a consumer an
58	58	3 unconscionable amount for the sale of:
59	59	4 (A) fuel; or
60	60	5 (B) infant formula.
61	61	6 (b) For purposes of this chapter, price gouging occurs in the sale
62	62	7 of fuel if:
63	63	8 (1) the amount charged grossly exceeds the average price at
64	64	9 which fuel was readily obtainable within the retailer's trade area
65	65	10 during the seven (7) days immediately before the declaration of
66	66	11 emergency; and
67	67	12 (2) the increase in the amount charged is not attributable to cost
68	68	13 factors to the retailer, including replacement costs, taxes, and
69	69	14 transportation costs incurred by the retailer.
70	70	15 (c) For purposes of this chapter, price gouging occurs in the sale
71	71	16 of infant formula if the amount that a consumer is charged for the
72	72	17 infant formula grossly exceeds the average price charged for infant
73	73	18 formula of the same brand and type in retail establishments in
74	74	19 Indiana on or about the date on which the infant formula is sold.
75	75	20 SECTION 3. IC 4-6-9.1-5 IS AMENDED TO READ AS
76	76	21 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) If an
77	77	22 investigation by the attorney general results in a finding of price
78	78	23 gouging, the attorney general may bring an action in a circuit or
79	79	24 superior court with jurisdiction in the county where the price gouging
80	80	25 allegedly occurred.
81	81	26 (b) If the court finds that the retailer engaged in price gouging, the
82	82	27 court may assess a civil penalty against the retailer. The civil penalty
83	83	28 may not be more than one thousand dollars ($1,000) per for each
84	84	29 transaction in which a sale of fuel or infant formula constitutes
85	85	30 price gouging.
86	86	31 SECTION 4. An emergency is declared for this act.
87	87	2022(ss) IN 1011—LS 6017/DI 55