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92_HB5581 LRB9215085ACcd 1 AN ACT concerning price gouging. 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 2MM as follows: 6 (815 ILCS 505/2MM new) 7 Sec. 2MM. Prohibition against unconscionable prices. 8 (a) As used in this Section, "commodity" means any 9 goods, services, materials, merchandise, supplies, equipment, 10 resources, or other article of commerce and includes without 11 limitation food, water, ice, chemicals, petroleum products, 12 and lumber necessary for consumption or use as a direct 13 result of the emergency. 14 (b) Upon a declaration of a state of emergency by the 15 Governor, it is unlawful and a violation of Section 2 of this 16 Act for a person or her or his agent or employee to rent or 17 sell or offer to rent or sell at an unconscionable price 18 within the area for which the state of emergency is declared 19 any essential commodity including, but not limited to, 20 supplies, services, provisions, or equipment that is 21 necessary for consumption or use as a direct result of the 22 emergency. This prohibition remains in effect until the 23 declaration expires or is terminated. 24 (c) It is unlawful and a violation of Section 2 of this 25 Act for any person to impose unconscionable prices for the 26 rental or lease of any dwelling unit or self-storage facility 27 during a period of declared state of emergency. 28 (d) It is prima facie evidence that a price is 29 unconscionable if: 30 (1) the amount charged represents a gross disparity 31 between the price of the commodity or rental or lease of -2- LRB9215085ACcd 1 any dwelling unit or self-storage facility that is the 2 subject of the offer or transaction and the average price 3 at which that commodity or dwelling unit or self-storage 4 facility was rented, leased, sold, or offered for rent or 5 sale in the usual course of business during the 30 days 6 immediately prior to the declaration of a state of 7 emergency, and the increase in the amount charged is not 8 attributable to additional costs incurred in connection 9 with the rental or sale of the commodity or rental or 10 lease of any dwelling unit or self-storage facility or 11 national or international market trends; or 12 (2) the amount charged grossly exceeds the average 13 price at which the same or similar commodity was readily 14 obtainable in the trade area during the 30 days 15 immediately prior to the declaration of a state of 16 emergency and the increase in the amount charged is not 17 attributable to additional costs incurred in connection 18 with the rental or sale of the commodity or rental or 19 lease of any dwelling unit or self-storage facility or 20 national or international market trends. 21 (e) A price increase approved by an appropriate 22 government agency shall not be a violation of this Section. 23 (f) This Section shall not apply to sales by growers, 24 producers, or processors of raw or processed food products, 25 except for retail sales of such products to the ultimate 26 consumer within the area of the declared state of emergency. 27 (g) Nothing in this Section shall be interpreted to 28 preempt the powers of local government except that the 29 evidentiary standards and defenses contained in this Section 30 shall be the only evidentiary standards and defenses used in 31 any ordinance adopted by local government to restrict price 32 gouging during a declared state of emergency. 33 (h) Section 10a of this Act notwithstanding, nothing in 34 this Section creates a private cause of action in favor of -3- LRB9215085ACcd 1 any person damaged by a violation of this Section.