2024 Senate Bill 956

Trade: business practices; excessively increased pricing for energy products and services during a market disruption; prohibit.

A bill to prohibit excessive pricing for certain energy products and services during a period of market disruption; to provide remedies and penalties; and to provide for the powers and duties of certain state and local governmental officers and entities.

AI Analysis – Experimental

Senate Bills 954-956 seek to regulate prices of various goods and services during declared states of emergency in Michigan.

SB 954, titled the "Hotel and Lodging Pricing Protection Act," seeks to prevent excessive pricing for various types of lodgings, including hotels, bed and breakfasts, and campgrounds, during emergencies such as natural disasters, wars, or public health threats. The bill defines "excessively increased price" as a price hike exceeding 10% compared to pre-emergency rates unless justified by increased costs or regular seasonal adjustments.

SB 955, titled the "Commodities and Emergency Services and Supplies Pricing Protection Act," defines key terms such as "building materials," "consumer food items," "emergency supplies," and "medical supplies," and prohibits businesses from charging excessively increased prices for these items during or shortly after an emergency declaration. An "excessively increased price" is defined as a price increase of more than 10% unless justified by increased costs or pre-existing discounts.

SB 956, titled the "Energy Pricing Protection Act," seeks to prevent excessive pricing of essential energy products such as gasoline, propane, and home heating oil, excluding those regulated by the Michigan Public Service Commission. The bill defines "excessively increased price" as a price disparity exceeding 10% compared to pre-disruption levels unless justified by increased costs or prior discounts. It outlines that during or after a market disruption, businesses must not charge grossly excessive prices for these energy products or services.

The bills empower the Attorney General and local prosecuting attorneys to investigate and enforce compliance. They can issue written demands for information and documents relevant to suspected violations, and non-compliance can lead to court actions. The Attorney General can also file class actions to recover damages for affected individuals, with potential compensation including actual damages or a minimum of $100.00. Courts may impose civil fines up to $10,000 per violation for individuals and up to $1,000,000 for other entities. Additionally, the bill allows for criminal penalties, including imprisonment for up to one year and fines for intentional violations.

The legislation also provides for the appointment of receivers and the sequestration of assets if defendants attempt to conceal or dispose of assets. It includes provisions for witness immunity in investigations and clarifies that the act does not limit the Attorney General's authority under the Michigan Consumer Protection Act or other state laws. SBs 954-956 are tie-barred, which means none of these bills can take effect unless all three are enacted into law.

Introduced in the Senate

June 26, 2024

Introduced by Sens. Mary Cavanagh (D-6) and Jeremy Moss (D-7)

Referred to the Committee on Finance, Insurance, and Consumer Protection