HB 4123

Abstract

Creates the Motor Fuel Price Fairness Act. Provides that, if the Governor determines that there is a critical shortage of motor fuel in the State, then the Governor may, by executive order, declare a motor fuel emergency for that portion of the State that is affected by the shortage. Provides that, upon a declaration of a motor fuel emergency by the Governor, it is unlawful for any person to sell or offer to sell motor fuel at retail at an unconscionable price within the area for which the state of motor fuel emergency is declared. Provides that it is prima facie evidence that a price is unconscionable if: (1) the amount charged represents a gross disparity between the price at which the motor fuel was readily obtainable within the retailer's trade area during the 30 days immediately before the declaration of the motor fuel 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. Provides that a violation of this Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, but nothing in this Act creates a private cause of action in favor of any person damaged by a violation of this Act. Preempts home rule. Amends the Consumer Fraud and Deceptive Business Practices Act to make corresponding changes. Effective immediately.