HOUSE BILL No. 1015
DIGEST OF INTRODUCED BILL
Synopsis: Price gouging during an emergency event. Provides that: (1)
the sale of a commodity; or (2) the lease or rental of storage property;
at a price that is greater that 10% above the average price charged
before the occurrence of an emergency event is price gouging.
Establishes that price gouging is a Class C infraction and a deceptive
act enforceable in a civil action by a consumer or the attorney general.
Effective: July 1, 2002.
Cochran, Dobis, Bauer
January 8, 2002, read first time and referred to Committee on Human Affairs.
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1015
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulations and consumer sales.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 24-3-5; (02)IN1015.1.1. -->
IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 5. Price Gouging
Sec. 1. As used in this chapter, "commodity" means a good,
service, material, supply, resource, or any other article of
commerce, including equipment and merchandise. The term
includes any item necessary for consumption or use as a direct
result of an emergency event, but does not include a security (as
Sec. 2. As used in this chapter, "consumer" means a person
(1) purchases a commodity; or
(2) leases or rents a storage or warehousing facility.
Sec. 3. As used in this chapter, "emergency event" means a:
(1) state of disaster declared by the governor under 10-4-1-7;
(2) disaster (as defined in
(3) national disaster declared by the federal government.
Sec. 4. Except as provided in section 6 of this chapter, a person
located within the area affected by an emergency event who
charges a consumer a price for a commodity that is more than ten
percent (10%) above the average price charged by the person for
the commodity during the thirty (30) days immediately preceding
the date on which the emergency event occurs commits an act of
Sec. 5. Except as provided in section 6 of this chapter, a person
located within the area affected by an emergency event who rents
or leases a storage or warehousing facility to a consumer for an
amount that is more than ten percent (10%) above the average
amount charged by the person for the lease or rental of the storage
or warehousing facility during the thirty (30) days immediately
preceding the date on which the emergency event occurs commits
an act of price gouging.
Sec. 6. If a person charges a consumer an amount in excess of
the amount described in sections 4 or 5 of this chapter, and the
amount in excess is attributable to additional supply costs incurred
as part of a statewide, national, or international market trend, the
person does not commit an act of price gouging.
Sec. 7. A person who engages in price gouging under this
chapter commits a:
(1) Class C infraction and shall make a refund to the
consumer of any amount that exceeds the amount allowed
under this chapter; and
(2) deceptive act that is actionable by the attorney general or
by a consumer under
and is subject to the
remedies and penalties under