CHAPTER 9.1. PRICE GOUGING IN DECLARED EMERGENCIES
IC 4-6-9.1
Chapter 9.1. Price Gouging in Declared Emergencies
IC 4-6-9.1-1
Period for which emergency declared
Sec. 1. (a) Sections 1 through 7 of this chapter apply to the periodduring which an emergency is declared and the twenty-four (24)hours before the declaration by the governor under IC 10-14-3-12 orIC 10-14-3-13.
(b) The definitions in IC 10-14-3 apply to this chapter.
As added by P.L.124-2002, SEC.1. Amended by P.L.2-2003, SEC.11.
IC 4-6-9.1-2
"Price gouging" defined
Sec. 2. For purposes of this chapter, "price gouging" meanscharging a consumer an unconscionable amount for the sale of fuel.Price gouging occurs if:
(1) the amount charged grossly exceeds the average price atwhich fuel was readily obtainable within the retailer's trade areaduring the seven (7) days immediately before the declaration ofemergency; and
(2) the increase in the amount charged is not attributable to costfactors to the retailer, including replacement costs, taxes, andtransportation costs incurred by the retailer.
As added by P.L.124-2002, SEC.1.
IC 4-6-9.1-3
Powers and duties of attorney general
Sec. 3. The attorney general has the following powers and dutiesregarding price gouging:
(1) To investigate complaints received claiming price gouging.
(2) To seek injunctive relief as appropriate.
(3) To seek restitution for victims of price gouging.
(4) To institute an action to levy and collect a civil penalty.
As added by P.L.124-2002, SEC.1.
IC 4-6-9.1-4
Use of information obtained in investigation
Sec. 4. (a) Information obtained during the attorney general'sinvestigation under this chapter, including information from a personwho responds to the investigation and designates the information asconfidential, must be maintained as confidential until theinvestigation is completed by the attorney general and a course ofaction is determined. The attorney general may not make known inany manner any information obtained in the course of theinvestigation to persons other than those specified in subsection (c).Once the investigation is completed, if there is an agreed uponsettlement or if charges are filed, the information becomes public.
(b) The attorney general shall make available to the public, uponrequest, aggregate information concerning complaints of price
gouging. The aggregate data may not identify particular persons orlocations under investigation.
(c) For purposes of this section, references to the attorney generalinclude other individuals designated in writing and acting on behalfof the attorney general during the investigation. A person designatedshall preserve the confidentiality of information under subsection (a).
(d) A person who is served with a request for information, asubpoena to give testimony orally or in writing, or a request or orderto produce books, papers, correspondence, memoranda, agreements,or other documents or records under this chapter may apply to anycourt for protection against abuse or hardship.
As added by P.L.124-2002, SEC.1.
IC 4-6-9.1-5
Action brought by attorney general
Sec. 5. If an investigation by the attorney general results in afinding of price gouging, the attorney general may bring an action ina circuit or superior court with jurisdiction in the county where theprice gouging allegedly occurred. If the court finds that the retailerengaged in price gouging, the court may assess a civil penalty againstthe retailer. The civil penalty may not be more than one thousanddollars ($1,000) per transaction.
As added by P.L.124-2002, SEC.1.
IC 4-6-9.1-6
Civil penalties
Sec. 6. Civil penalties collected under section 6 of this chaptermust be deposited in the state general fund.
As added by P.L.124-2002, SEC.1.
IC 4-6-9.1-7
Preemption of local government powers in price gougingemergencies
Sec. 7. This chapter preempts the power of local governments toregulate pricing of commodities under a declaration of emergency:
(1) under IC 10-14-3-12;
(2) under IC 10-14-3-13; or
(3) by a local government.
As added by P.L.124-2002, SEC.1. Amended by P.L.2-2003, SEC.12.