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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1904 By: Schreiber
COMMITTEE SUBSTITUTE
An Act relating to consumer protection; amending 15
O.S. 2021, Section 777.4, whi ch relates to Emergency
Price Stabilization Act exceptions; modifying
exemption; defining term; exempting price increases
in certain instances; exempting resale of goo ds in
certain circumstances; and providing an eff ective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 15 O.S. 2021, Section 777.4, is
amended to read as follows:
Section 777.4 A. No person for the duration of a declaration
of emergency by the Governo r of this state or by the President of
the United States and for thirty (30) days t hereafter shall sell,
rent, or lease, or offer to sell, re nt, or lease, for delivery in
the emergency area, any goods, s ervices, dwelling units, or storage
space in the emergency area at a rate or price which is more than
ten percent (10%) above the rate o r price charged by th e person for
the same or similar good s, services, dwelling unit s, or storage
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spaces immediately pri or to the declaration of emergency unless the
increase in the rate or price is attributable to:
1. To price Price increases in applicab le regional, national or
international petroleum and natural gas or other commodity markets;
or
2. Only to factors Factors unrelated to the emergency a nd does
not include any increase in p rofit to the seller or owner.
As used in this section, the term "commodity markets" shall
refer to marketplaces for buying, selling, or tradi ng raw materials,
products, or resources, incl uding, but not limited to, petroleum and
natural gas products, raw or processed food products, and natural
resources.
B. Upon the expiration of t he period described in s ubsection A
of this section and for one hundred eigh ty (180) days thereafter, no
person shall, within the emergency ar ea, rent or lease or o ffer to
rent or lease any dwelling unit or storage space or sell or offer to
sell goods for use within the emergency area to repair, rest ore,
remodel, or construct any dwelling unit for a price of more than ten
percent (10%) above the price charged by that person for the
dwelling unit, storage space, or goods immediately prior to the
declaration of emergency unless the increase in the price is
attributable to:
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1. Price increases in applicable regional, national, or
international petroleum and natural gas or other commodity markets;
or
2. Factors unrelated to the emergency and does not include any
increase in profit to t he seller or owner.
C. A rate or price increase approved by the appropri ate
governmental agency is not a violation o f this act.
D. This section shall not apply to growers, producers, or
processors of raw or processed food products, except for retail
sales of such products to a consumer.
E. This section shall not apply to sal es, rentals, or leases of
goods from a catalog when the catalog is made available in the
normal course of business both prior to and after the declaration of
emergency to all persons regardless of location in the emerge ncy
area.
F. This section shall not apply to advertised rates and prices
which are subject to a published expiration d ate within or
immediately prior to the declaration of emergency.
G. This section shall not apply t o the resale of goods, as long
as the price increase of the goods for resal e is not more than ten
percent (10%) above t he acquisition cost of the goods for r esale.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7671 LRB 02/22/23
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