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HOUSE BILL NO. 6102
A bill to prohibit excessive pricing for certain commodities
and emergency services and supplies during a declared state of
emergency; to provide remedies and penalties; and to provide for
the powers and duties of certain state and local governmental
officers and entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act may be cited as the "commodities and 1
emergency services and supplies pricing protection act". 2
June 17, 2026, Introduced by Reps. Hoskins, Mentzer, Pohutsky, Martus, Price and Scott and
referred to Committee on Regulatory Reform.
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Sec. 2. As used in this act: 1
(a) "Building materials" means lumber, construction tools, 2
windows, or other materials used in the construction or 3
reconstruction of a building, structure, or other real property. 4
(b) "Consumer food item" means an item that is used or 5
intended for use as a food, drink, confection, or condiment by a 6
person or animal. 7
(c) "Declaration of emergency" means a declaration of a state 8
of emergency. 9
(d) "Emergency supplies" includes, but is not limited to, 10
water, flashlights, radios, batteries, candles, blankets, soaps, 11
diapers, temporary shelters, tape, toiletries, plywood, nails, and 12
hammers. 13
(e) "Excessively increased price" means a price that 14
demonstrates an unjustified disparity between the price for 15
building materials, consumer food items, goods, services, emergency 16
supplies, or medical supplies sold or offered for sale in the 17
market where those items or services are sold immediately before a 18
declaration of emergency and the price of those items or services 19
sold or offered for sale in that market during or reasonably after 20
a declaration of emergency. As used in this subdivision, an 21
unjustified disparity is a disparity of more than 20% unless the 22
person selling or offering the building materials, consumer food 23
items, goods, services, emergency supplies, or medical supplies can 24
demonstrate that the increase in price is attributable to an 25
increase in the cost of bringing those items or services to market, 26
an extraordinary discount in effect before the declaration of 27
emergency, or a markup at or less than the cost to the retailer. 28
(f) "Goods" means any tangible property, coupons, or 29
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certificates, whether bought or leased. 1
(g) "Medical supplies" includes, but is not limited to, 2
prescription and nonprescription medications, bandages, gauze, 3
isopropyl alcohol, and antibacterial products. 4
(h) "Person" means an individual, partnership, corporation, 5
limited liability company, association, trust, estate, or other 6
legal entity. 7
(i) "Reasonably after a declaration of emergency" means 30 8
days after the expiration of the declared state of emergency. 9
(j) "Services" means any work, labor, or services, including, 10
but not limited to, services furnished in connection with the sale 11
or repair of goods or real property or improvements to real 12
property. 13
(k) "State of emergency" means a natural or man-made disaster 14
or emergency resulting from a tornado, earthquake, flood, fire, 15
riot, storm, act of war, threat of war, military action, or period 16
of instability following a terrorist attack, or a threat to the 17
public health, for which a state of emergency is declared by the 18
governor under the laws of this state. 19
Sec. 3. A person conducting business in any chain of 20
distribution for building materials, consumer food items, goods, 21
services, emergency supplies, or medical supplies shall not do any 22
of the following during or reasonably after a declaration of 23
emergency in a county, city, or township subject to the declared 24
state of emergency: 25
(a) Charge a price for those materials, items, goods, 26
services, or supplies that is grossly in excess of the price at 27
which similar materials, items, goods, services, or supplies are 28
sold. 29
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(b) Charge an excessively increased price for those materials, 1
items, goods, services, or supplies. 2
(c) Offer those materials, items, goods, services, or supplies 3
at an excessively increased price. 4
Sec. 4. (1) If the attorney general or a local prosecuting 5
attorney has reasonable cause to believe that an individual has 6
information or is in possession, custody, or control of a document 7
or other tangible object relevant to an investigation for a 8
violation of this act, the attorney general or prosecuting attorney 9
may serve on the individual a written demand to appear and be 10
examined under oath, and to produce the documents or object for 11
inspection and copying. The demand must meet all of the following: 12
(a) Be served on the individual in the manner prescribed for 13
service of process under the laws of this state. 14
(b) Describe the nature of the conduct constituting the 15
violation under investigation. 16
(c) Describe the document or object with sufficient 17
definiteness to permit it to be fairly identified. 18
(d) If requested, contain a copy of the written 19
interrogatories. 20
(e) Prescribe a reasonable time at which the individual shall 21
appear to testify and within which the individual shall answer the 22
written interrogatories and the document or object must be 23
produced. 24
(f) Advise the individual that objections to or reasons for 25
not complying with the demand may be filed with the attorney 26
general or prosecuting attorney on or before the time described in 27
subdivision (e). 28
(g) Specify a place for the taking of testimony, or for 29
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production, and designate the individual who is to be the custodian 1
of the document or object. 2
(h) Contain a copy of the language provided in subsection (2) 3
with appropriate citation. 4
(2) If an individual fails to comply with the written demand 5
served under subsection (1), the attorney general or a local 6
prosecuting attorney may file an action to enforce the demand. 7
Notice of hearing and a copy of the pleadings and other relevant 8
papers must be served on the individual, who may appear in 9
opposition. If the court finds that the demand is proper, the court 10
shall order the individual to comply with the demand, subject to 11
modification as the court may prescribe. On motion by the 12
individual and for good cause shown, the court may make any further 13
order in the proceedings that justice requires to protect the 14
individual from unreasonable burden or expense. 15
(3) An action filed under subsection (2) must be filed in the 16
circuit court for the county in which the individual resides or in 17
which the individual maintains a principal place of business in 18
this state, or in the circuit court for the county of Ingham. 19
(4) Any procedure, testimony taken, or material produced must 20
be kept confidential by the attorney general or a local prosecuting 21
attorney before bringing an action against a person under this act 22
for the violation under investigation. 23
Sec. 5. (1) The attorney general may bring a class action on 24
behalf of persons residing in or injured in this state for the 25
actual damages caused by conduct prohibited under section 3 to 26
recover actual damages or $100.00, whichever is greater. 27
(2) On motion of the attorney general and without bond in an 28
action brought under this section, the court may make an 29
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appropriate order to do any of the following: 1
(a) Reimburse persons that have suffered damages. 2
(b) Carry out a transaction in accordance with the aggrieved 3
persons' reasonable expectations. 4
(c) Strike or limit the application of unconscionable clauses 5
of contracts to avoid an unconscionable result. 6
(d) Grant other appropriate relief. 7
(3) The court after a hearing may appoint a receiver or order 8
sequestration of the defendant's assets if it appears to the 9
satisfaction of the court that the defendant threatens or is about 10
to remove, conceal, or dispose of the defendant's assets to the 11
detriment of members of the class. 12
(4) If at any stage of the proceedings under this section the 13
court requires that notice be sent to the class, the attorney 14
general may petition the court to require the defendant to bear the 15
cost of the notice. In determining whether to impose the cost on 16
the defendant, the court shall consider the probability that the 17
attorney general will succeed on the merits of the action. 18
(5) If the defendant shows by a preponderance of the evidence 19
that a violation of this act resulted from a bona fide error 20
notwithstanding the maintenance of procedures reasonably adopted to 21
avoid the error, the amount of recovery must be limited to actual 22
damages. 23
(6) The attorney general shall not bring an action under this 24
section more than 4 years after the occurrence of the method, act, 25
or practice that is the subject of the action and not more than 1 26
year after the last payment in a transaction involving the method, 27
act, or practice that is the subject of the action, whichever 28
period of time ends on a later date. 29
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Sec. 6. (1) The attorney general may bring an action for 1
appropriate injunctive or other equitable relief and civil 2
penalties in the name of the people of this state for a violation 3
of this act. The court may impose a civil fine for each violation 4
of this act. For an individual, the civil fine must not be more 5
than $10,000.00 per violation. For a person other than an 6
individual, the civil fine must not be more than $500,000.00 per 7
violation. 8
(2) This state, a political subdivision, or a public agency 9
injured directly or indirectly by a violation of this act may bring 10
an action for appropriate injunctive or other equitable relief, 11
actual damages sustained by reason of a violation of this act and, 12
as determined by the court, interest on those damages from the date 13
of the complaint, and taxable costs. If the trier of fact finds 14
that the violation is flagrant, it may increase recovery to an 15
amount not to exceed 3 times the actual damages sustained by reason 16
of the violation. 17
Sec. 7. An individual who violates section 3 with the intent 18
to accomplish a result prohibited by this act is guilty of a 19
misdemeanor punishable by imprisonment for not more than 1 year or 20
a fine of not more than $10,000.00, or both. A person other than an 21
individual that violates section 3 with the intent to accomplish a 22
result prohibited by this act is guilty of a misdemeanor punishable 23
by a fine of not more than $500,000.00. 24
Sec. 8. The remedies provided in this act are cumulative. 25
Sec. 9. If a witness has been or may be called to testify or 26
provide other information at a proceeding under or related to this 27
act, the circuit court for the county in which the proceeding is or 28
may be held may issue, on application of the attorney general, 29
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asserting that in the attorney general's judgment the testimony or 1
other information may be necessary to the public interest and that 2
the witness has refused or is likely to refuse to testify, an order 3
requiring the witness to give testimony or provide other 4
information that the witness refuses to give or provide on the 5
basis of the privilege against self-incrimination, if the court 6
provides in its order that the witness must not be prosecuted or 7
subjected to any penalty or forfeiture for, or on account of, any 8
transaction, occurrence, matter, or thing to which the witness 9
testifies or provides other information or evidence, documentary or 10
otherwise, and that the testimony, information, or evidence must 11
not be used against the witness in any criminal investigation, 12
proceeding, or trial, except a prosecution for perjury for giving a 13
false statement or for otherwise failing to comply with the order. 14
Sec. 10. This act does not exempt, limit, or impair the 15
attorney general's ability to investigate, determine, or impose 16
liability under the Michigan consumer protection act, 1976 PA 331, 17
MCL 445.901 to 445.922, or any other law of this state. 18
Sec. 11. The attorney general may reduce the time period under 19
this act regarding goods and services or any portion of the 20
affected area if conditions in the market where those items or 21
services are sold return to conditions experienced immediately 22
before the declaration of emergency. 23
Enacting section 1. This act does not take effect unless all 24
of the following bills of the 103rd Legislature are enacted into 25
law: 26
(a) Senate Bill No. 1041 or House Bill No. 6103 (request no. 27
H00807'25). 28
(b) Senate Bill No. 1043 or House Bill No. 6104 (request no. 29
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Final Page
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H00809'25). 1