An Act
ENROLLED HOUSE
BILL NO. 2561 By: McBride and O'Donnell of
the House
and
Montgomery of the Senate
An Act relating to consumer protection; amending 1 5
O.S. 2021, Section 777.4, which re lates to the
Emergency Price Stabilization Act exceptions;
modifying description of certain markets; adding
natural gas to exemptions; and declaring an
emergency.
SUBJECT: Consumer protection
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 Go vernor of this state or by the Presid ent of
the United States and for thirty (30) days ther eafter shall sell,
rent, or lease, or offer to sell, rent, or lease, for delivery in
the emergency area, any goods, services, dwelling units, or storage
space in the emergency area at a rate or price wh ich is more than
ten percent (10%) above the rate or p rice charged by the person for
the same or similar goods, services, dwelling units, or storage
spaces immediately prior to the declaration of emergency unless the
increase in the rate or price is attrib utable:
1. To price increases in applicable regional, national or
international petroleum and natural gas commodity markets; or
ENR. H. B. NO. 2561 Page 2
2. Only to factors unrelated to the emergency and does not
include any increase in profit to the seller or owner.
B. Upon the expiration of t he period described in subsection A
of this section and for one hundred eighty (180) day s thereafter, no
person shall, within the emergency area, rent or lease or offer to
rent or lease any dwelling unit or storage space or sell or offer to
sell goods for use within the emergency area to repai r, restore,
remodel, or construct any dwelling uni t for a price of more than ten
percent (10%) above the pri ce charged by that person for the
dwelling unit, storage space, or goods immediately prior to the
declaration of emergency unless the increase in th e price is
attributable to:
1. Price increases in applicable regional, national, or
international petroleum and natural gas 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 appropr iate
governmental agency is not a violation of 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 sa les, rentals, or leases of
goods from a catalog when the c atalog 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 emergency
area.
F. This section shall not apply to advertised rates and prices
which are subject to a published expiration date within or
immediately prior to the declaration of emergency.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage an d approval.
ENR. H. B. NO. 2561 Page 3
Passed the House of Representatives the 6th day of March, 2023.
Presiding Officer of the H ouse
of Representatives
Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________