HB178 Alabama 2023 Session

Summary

Primary Sponsor

Jamie KielRepresentative

Republican

Session

Regular Session 2023

Title

Related to the Alabama Unconscionable Pricing Act; to amend Sections 8-31-3 and 8-31-4, Code of Alabama 1975 to authorize the Governor or the Legislature to specify the affected areas and time periods to which the prohibition against imposition of unconscionable pricing would apply.

Summary

HB178 would let Alabama target unconscionable pricing protections to specific areas and time periods during a state of emergency, rather than applying them statewide.

What This Bill Does

The bill would amend the Alabama Unconscionable Pricing Act to let the Governor or Legislature specify in the emergency proclamation or joint resolution which areas and time periods the pricing rules apply to. It keeps the prohibition on imposing unconscionable prices for sale or rental of commodities or rental facilities during the emergency, but limits it to the areas and times named in the proclamation or resolution. A price is considered unconscionable if it is at least 25% higher than the average price in the affected area in the 30 days before the emergency, unless the higher price is due to reasonable costs. The definition of 'affected area' is tied to the proclamation or resolution under the relevant law, and the act becomes effective three months after passage and governor approval.

Who It Affects

• Consumers in the areas and time periods specified as affected during a declared state of emergency, who would gain protection from prices deemed unconscionable in those areas.
• Businesses that sell or rent commodities or rental facilities in the areas and during the times specified as affected, who would need to comply with the area- and time-specific pricing rules.

Key Provisions

• Authorizes the Governor or the Legislature to specify, in the emergency proclamation or a joint resolution, the affected areas and time periods where the unconscionable pricing prohibition applies.
• Maintains that it is unlawful to impose unconscionable prices for the sale or rental of any commodity or rental facility during the designated emergency period and in the designated affected areas.
• Sets a pricing standard: a price is presumed unconscionable if it exceeds the average price for the same item in the affected area by 25% or more in the 30 days before the emergency, unless higher costs are due to reasonable costs of rental or sale.
• Defines 'affected area' as the area named in the proclamation or joint resolution under Section 31-9-8(a).
• Effective date: the act takes effect on the first day of the third month after it is passed and approved by the Governor, or after it becomes law.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.