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 period
during which an emergency is declared and the twenty-four (24)
hours before the declaration by the governor under IC 10-14-3-12 or
IC 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" means
charging a consumer an unconscionable amount for the sale of fuel.
Price gouging occurs if:
(1) the amount charged grossly exceeds the average price at
which fuel was readily obtainable within the retailer's trade area
during the seven (7) days immediately before the declaration of
emergency; and
(2) the increase in the amount charged is not attributable to cost
factors to the retailer, including replacement costs, taxes, and
transportation 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 duties
regarding 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's
investigation under this chapter, including information from a person
who responds to the investigation and designates the information as
confidential, must be maintained as confidential until the
investigation is completed by the attorney general and a course of
action is determined. The attorney general may not make known in
any manner any information obtained in the course of the
investigation to persons other than those specified in subsection (c).
Once the investigation is completed, if there is an agreed upon
settlement or if charges are filed, the information becomes public.
(b) The attorney general shall make available to the public, upon
request, aggregate information concerning complaints of price
gouging. The aggregate data may not identify particular persons or
locations under investigation.
(c) For purposes of this section, references to the attorney general
include other individuals designated in writing and acting on behalf
of the attorney general during the investigation. A person designated
shall preserve the confidentiality of information under subsection (a).
(d) A person who is served with a request for information, a
subpoena to give testimony orally or in writing, or a request or order
to produce books, papers, correspondence, memoranda, agreements,
or other documents or records under this chapter may apply to any
court 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 a
finding of price gouging, the attorney general may bring an action in
a circuit or superior court with jurisdiction in the county where the
price gouging allegedly occurred. If the court finds that the retailer
engaged in price gouging, the court may assess a civil penalty against
the retailer. The civil penalty may not be more than one thousand
dollars ($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 chapter
must 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 gouging
emergencies
Sec. 7. This chapter preempts the power of local governments to
regulate 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.
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 period
during which an emergency is declared and the twenty-four (24)
hours before the declaration by the governor under IC 10-14-3-12 or
IC 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" means
charging a consumer an unconscionable amount for the sale of fuel.
Price gouging occurs if:
(1) the amount charged grossly exceeds the average price at
which fuel was readily obtainable within the retailer's trade area
during the seven (7) days immediately before the declaration of
emergency; and
(2) the increase in the amount charged is not attributable to cost
factors to the retailer, including replacement costs, taxes, and
transportation 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 duties
regarding 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's
investigation under this chapter, including information from a person
who responds to the investigation and designates the information as
confidential, must be maintained as confidential until the
investigation is completed by the attorney general and a course of
action is determined. The attorney general may not make known in
any manner any information obtained in the course of the
investigation to persons other than those specified in subsection (c).
Once the investigation is completed, if there is an agreed upon
settlement or if charges are filed, the information becomes public.
(b) The attorney general shall make available to the public, upon
request, aggregate information concerning complaints of price
gouging. The aggregate data may not identify particular persons or
locations under investigation.
(c) For purposes of this section, references to the attorney general
include other individuals designated in writing and acting on behalf
of the attorney general during the investigation. A person designated
shall preserve the confidentiality of information under subsection (a).
(d) A person who is served with a request for information, a
subpoena to give testimony orally or in writing, or a request or order
to produce books, papers, correspondence, memoranda, agreements,
or other documents or records under this chapter may apply to any
court 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 a
finding of price gouging, the attorney general may bring an action in
a circuit or superior court with jurisdiction in the county where the
price gouging allegedly occurred. If the court finds that the retailer
engaged in price gouging, the court may assess a civil penalty against
the retailer. The civil penalty may not be more than one thousand
dollars ($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 chapter
must 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 gouging
emergencies
Sec. 7. This chapter preempts the power of local governments to
regulate 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.
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 period
during which an emergency is declared and the twenty-four (24)
hours before the declaration by the governor under IC 10-14-3-12 or
IC 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" means
charging a consumer an unconscionable amount for the sale of fuel.
Price gouging occurs if:
(1) the amount charged grossly exceeds the average price at
which fuel was readily obtainable within the retailer's trade area
during the seven (7) days immediately before the declaration of
emergency; and
(2) the increase in the amount charged is not attributable to cost
factors to the retailer, including replacement costs, taxes, and
transportation 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 duties
regarding 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's
investigation under this chapter, including information from a person
who responds to the investigation and designates the information as
confidential, must be maintained as confidential until the
investigation is completed by the attorney general and a course of
action is determined. The attorney general may not make known in
any manner any information obtained in the course of the
investigation to persons other than those specified in subsection (c).
Once the investigation is completed, if there is an agreed upon
settlement or if charges are filed, the information becomes public.
(b) The attorney general shall make available to the public, upon
request, aggregate information concerning complaints of price
gouging. The aggregate data may not identify particular persons or
locations under investigation.
(c) For purposes of this section, references to the attorney general
include other individuals designated in writing and acting on behalf
of the attorney general during the investigation. A person designated
shall preserve the confidentiality of information under subsection (a).
(d) A person who is served with a request for information, a
subpoena to give testimony orally or in writing, or a request or order
to produce books, papers, correspondence, memoranda, agreements,
or other documents or records under this chapter may apply to any
court 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 a
finding of price gouging, the attorney general may bring an action in
a circuit or superior court with jurisdiction in the county where the
price gouging allegedly occurred. If the court finds that the retailer
engaged in price gouging, the court may assess a civil penalty against
the retailer. The civil penalty may not be more than one thousand
dollars ($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 chapter
must 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 gouging
emergencies
Sec. 7. This chapter preempts the power of local governments to
regulate 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.
