Bill > SB1041

This bill, titled the "hotel and lodging pricing protection act," aims to prevent price gouging in the hotel and lodging industry during declared states of emergency. A "declaration of emergency" refers to a governor's declaration due to natural or man-made disasters, public health threats, or instability following a terrorist attack. The bill defines an "excessively increased price" as a price that is more than 20% higher than the average price charged in the 30 days before the emergency declaration, unless the increase is justified by rising costs of goods or labor, pre-existing discounts, or regularly scheduled price adjustments. "Lodging" is broadly defined to include hotels, inns, bed and breakfasts, mobile home park spaces, campgrounds, and short-term rentals (rentals of single-family homes or units in buildings with 1-4 dwelling units for 30 days or less), with some exceptions for managed resort rentals and bed and breakfasts. During or shortly after a declared emergency, businesses are prohibited from charging these excessively increased prices for lodging in affected areas. The bill grants the Attorney General and local prosecuting attorneys the power to investigate potential violations, including demanding testimony and documents, and to bring civil actions for damages, with penalties of up to $10,000 for individuals and $500,000 for other entities per violation, and potentially triple damages if violations are flagrant. Criminal penalties, including up to a year in jail and fines, are also established for intentional violations. The remedies provided are cumulative and do not affect the Attorney General's ability to act under other consumer protection laws or the right of an owner to evict a tenant for lawful reasons. This act is contingent on the enactment of other related bills.