Bill Text: MI HB5715 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Trade; business practices; price gouging during state of emergency or disaster for certain goods or services; establish penalties. Amends sec. 9 of 1984 PA 274 (MCL 445.779) & adds sec. 3c. TIE BAR WITH: HB 5714'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-14 - Bill Electronically Reproduced 03/13/2018 [HB5715 Detail]
Download: Michigan-2017-HB5715-Introduced.html
HOUSE BILL No. 5715
March 13, 2018, Introduced by Reps. Moss, Elder, Sowerby, Chang, Lucido, Geiss, Hertel and Faris and referred to the Committee on Commerce and Trade.
A bill to amend 1984 PA 274, entitled
"Michigan antitrust reform act,"
by amending section 9 (MCL 445.779) and by adding section 3c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3c. (1) Subject to subsection (2), during the time period
of a declared state of emergency or a local emergency, and for 30
days after that time period, a person that owns or operates a hotel
or motel shall not charge a price for lodging that exceeds the
highest regular room rate charged by the hotel or motel in the 180-
day period preceding the declaration of the state of emergency or
local emergency.
(2) Subsection (1) does not apply to a price increase by a
person that owns or operates a hotel or motel that is otherwise
prohibited under subsection (1) if the owner or operator can prove
that the increase in price is directly attributable to any of the
following:
(a) Additional costs imposed on the owner or operator for
goods or labor used in its business.
(b) Seasonal adjustments in rates that are regularly
scheduled.
(c) Previously contracted rates.
Sec.
9. (1) A person who that engages in any
violation of
section 2 or 3 with the intent to accomplish a result prohibited by
this
act shall be is guilty of a misdemeanor, punishable by any of
the following:
(a) If the person is an individual, imprisonment of not more
than
2 years or a fine of not more than $10,000.00, or both. ,
if
(b)
If the person is not an individual, or
a fine of not more
than
$1,000,000.00. if a person other than an individual. A
(2) A person that knowingly violates section 3b or 3c is
subject to a misdemeanor punishable by imprisonment for not more
than 180 days or a fine of not more than $25,000.00, or both.
(3) The attorney general or a prosecuting attorney shall not
bring
a criminal prosecution shall not be
brought under this
section if a prior criminal prosecution has been initiated under
the Sherman act, 15 USC 1 to 7, arising out of the same
transactions or occurrences.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5714 (request no.
02791'17) of the 99th Legislature is enacted into law.
