Provides relative to price gouging during declared states of emergency
Impact
By improving the evidentiary burden on sellers, HB310 strengthens consumer protections in situations where price gouging may occur, particularly during natural disasters or public emergencies. Local officials will have the authority to enforce these regulations and can prohibit excessive pricing under certain conditions set forth in the bill. This legislative measure is expected to promote fairness and equity in the market during crises, as it specifically targets predatory pricing practices that often take advantage of consumers in vulnerable situations.
Summary
House Bill 310 aims to regulate price gouging during declared states of emergency by establishing a clear burden of proof for sellers who wish to increase prices during such times. The bill amends existing statutes to require that sellers can no longer simply attribute price increases to general market fluctuations; instead, they must provide clear and convincing evidence that the increase is due to specific circumstances such as rising replacement costs or business risks directly related to the emergency. This proposed change seeks to protect consumers from exploitative pricing when they are most vulnerable during emergencies.
Sentiment
The sentiment around HB310 appears to be largely positive among consumer advocacy groups, who view it as necessary legislation for consumer protection. However, there may be some pushback from businesses that feel the bill could limit their ability to respond to increased costs during emergencies. The tension between ensuring fair prices for consumers and allowing businesses the flexibility to manage their operational costs is a key point of discussion among stakeholders.
Contention
Notable points of contention surrounding HB310 include the extent of the regulatory authority granted to local officials and the definition of what constitutes acceptable price increases. Businesses may argue that this legislation could stifle their ability to recover costs during emergency conditions, which are unpredictable and can vary greatly in nature. Proponents of the bill, on the other hand, emphasize the need to protect consumers from unjust pricing strategies that arise during periods of heightened vulnerability.
Provides relative to the authority to regulate the manufacture, possession, or sale of firearms or ammunition during a declared emergency or disaster or public health emergency
Specifies that the price gouging law also applies to sales of fuel to ultimate consumers from any facility other than a fixed facility, including sales in which fuel is sold from any container irrespective of type, form, or volume. (8/15/10)