| |||||||
| |||||||
| 1 | AN ACT concerning business. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Consumer Fraud and Deceptive Business | ||||||
| 5 | Practices Act is amended by adding Section 2HHHH as follows: | ||||||
| 6 | (815 ILCS 505/2HHHH new) | ||||||
| 7 | Sec. 2HHHH. Price gouging during a disaster. | ||||||
| 8 | (a) As used in this Section: | ||||||
| 9 | "Building materials" means lumber, construction tools, | ||||||
| 10 | windows, and anything else used in the building or rebuilding | ||||||
| 11 | of property. | ||||||
| 12 | "Consumer food item or good" means any article that is | ||||||
| 13 | used or intended for use as food, drink, confection, or | ||||||
| 14 | condiment by a person or animal. | ||||||
| 15 | "Emergency supplies" includes, but is not limited to, | ||||||
| 16 | water, flashlights, radios, batteries, candles, blankets, | ||||||
| 17 | soaps, diapers, temporary shelters, tape, toiletries, plywood, | ||||||
| 18 | nails, and hammers. | ||||||
| 19 | "Goods" means tangible chattels bought for use primarily | ||||||
| 20 | for personal, family, or household purposes. | ||||||
| 21 | "Medical supplies" includes, but is not limited to, | ||||||
| 22 | prescription and nonprescription medications, bandages, gauze, | ||||||
| 23 | isopropyl alcohol, masks, and antibacterial products. | ||||||
| |||||||
| |||||||
| 1 | "Repair or reconstruction services" means services | ||||||
| 2 | performed by any person for repairs to residential or | ||||||
| 3 | commercial property, of any type, that is damaged as a result | ||||||
| 4 | of a disaster. | ||||||
| 5 | "Transportation, freight, or storage services" means | ||||||
| 6 | services performed by any company that contracts to move, | ||||||
| 7 | store, or transport personal or business property or that | ||||||
| 8 | rents equipment for those purposes, including towing services. | ||||||
| 9 | (b) It is an unlawful practice within the meaning of this | ||||||
| 10 | Act, for a period of 45 days after a disaster is declared by | ||||||
| 11 | the President of the United States or the Governor or during | ||||||
| 12 | the continuation period of the disaster if the period is | ||||||
| 13 | extended by the President of the United States or the | ||||||
| 14 | Governor, for any person to sell or offer to sell to a | ||||||
| 15 | consumer, for an unconscionably high price, in the designated | ||||||
| 16 | disaster area any consumer food items or goods; goods or | ||||||
| 17 | services used for emergency cleanup or response; emergency | ||||||
| 18 | supplies; medical supplies; cleaning supplies; building | ||||||
| 19 | materials; housing; lodging; transportation, freight, or | ||||||
| 20 | storage services; repair or reconstruction services; or any | ||||||
| 21 | other necessity. | ||||||
| 22 | (c) For the purposes of this Section, a price is | ||||||
| 23 | unconscionably high if: | ||||||
| 24 | (1) the amount charged represents a gross disparity | ||||||
| 25 | between the price of the good or service; and | ||||||
| 26 | (A) the price at which the same good or service was | ||||||
| |||||||
| |||||||
| 1 | sold or offered for sale by the person in the usual | ||||||
| 2 | course of business immediately before the disaster | ||||||
| 3 | declaration; or | ||||||
| 4 | (B) if the person did not sell or offer for sale | ||||||
| 5 | the goods or services immediately before the disaster | ||||||
| 6 | declaration, the price at which similar goods or | ||||||
| 7 | services were offered for sale or sold by a similarly | ||||||
| 8 | situated person in the usual course of business | ||||||
| 9 | immediately before the disaster declaration; and | ||||||
| 10 | (2) the disparity is not directly attributable to | ||||||
| 11 | increased prices charged by suppliers, additional costs | ||||||
| 12 | for labor or materials to provide the good or service, or | ||||||
| 13 | other increased costs not within the control of the | ||||||
| 14 | person. | ||||||
| 15 | (d) For purposes of this Section, a price is not | ||||||
| 16 | unconscionably high if: | ||||||
| 17 | (1) the increase in price is directly attributable to | ||||||
| 18 | additional costs imposed on the person by the supplier of | ||||||
| 19 | the goods or directly attributable to additional costs for | ||||||
| 20 | labor or materials used to provide the services during the | ||||||
| 21 | declared disaster; or | ||||||
| 22 | (2) if a good or service was offered at a reduced price | ||||||
| 23 | by the person before the declared disaster, the price is | ||||||
| 24 | the same as the price the person normally charges for the | ||||||
| 25 | good or service. | ||||||
| 26 | (e) There is a rebuttable presumption that a price | ||||||
| |||||||
| |||||||
| 1 | increase of 20% or more constitutes an unconscionably high | ||||||
| 2 | price if it is not attributable to additional costs imposed on | ||||||
| 3 | the person by the supplier of the goods or directly | ||||||
| 4 | attributable to additional costs for labor or materials used | ||||||
| 5 | to provide the services during the declared disaster. | ||||||
| 6 | (f) This Section does not apply to the sale of petroleum | ||||||
| 7 | products as defined in 14 Ill. Adm. Code 465. | ||||||