HOUSE BILL No. 5156


     October 9, 2001, Introduced by Reps. Kowall, Raczkowski, Bishop, Cassis, Koetje, Woronchak, Allen, Shackleton, Tabor, Vander Veen, Meyer,
George, Stewart, Hager, Faunce, Richardville, Howell, Bovin, Voorhees, Spade, Daniels, Rich Brown, Whitmer, Middaugh, Bob Brown, Anderson, Hale,
Ehardt, Mortimer, Neumann, Phillips and Birkholz and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 553.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           SEC. 553.  (1) DURING OR WITHIN 180 DAYS FOLLOWING A DECLA-

 2
      RATION OF AN EMERGENCY OR MAJOR DISASTER IN THIS STATE BY THE

 3
      PRESIDENT OF THE UNITED STATES, A DECLARATION OF A STATE OF

 4
      DISASTER OR STATE OF EMERGENCY BY THE GOVERNOR, OR A DECLARATION

 5
      OF A LOCAL STATE OF EMERGENCY BY A CHIEF EXECUTIVE OFFICIAL OF A

 6
      COUNTY OR MUNICIPALITY, A PERSON THAT SELLS OR OFFERS TO SELL AN

 7
      ESSENTIAL COMMODITY AT A PRICE OF MORE THAN 10% ABOVE THE PRICE

 8
      ORDINARILY CHARGED FOR COMPARABLE GOODS OR SERVICES IMMEDIATELY

 9
      BEFORE THE DECLARED STATE OF EMERGENCY IS GUILTY OF A FELONY

10
      PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF

11
      NOT MORE THAN $20,000.00, OR BOTH.  IT IS AN AFFIRMATIVE DEFENSE


   05508'01                                                 DAM                                   2

 1
      TO A PROSECUTION UNDER THIS SUBSECTION THAT THE INCREASE IN PRICE

 2
      OF AN ESSENTIAL COMMODITY THAT IS A GOOD IS DIRECTLY ATTRIBUTABLE

 3
      TO ADDITIONAL COSTS IMPOSED ON THE SELLER BY THE SUPPLIER OF THE

 4
      ESSENTIAL COMMODITY, OR THAT THE INCREASE IN PRICE OF AN ESSEN-

 5
      TIAL COMMODITY THAT IS A SERVICE IS DIRECTLY ATTRIBUTABLE TO

 6
      ADDITIONAL COSTS FOR LABOR OR MATERIALS USED TO PROVIDE THE SERV-

 7
      ICE, IF THE PRICE OF THAT GOOD OR SERVICE IS NOT MORE THAN 10%

 8
      ABOVE THE TOTAL OF THE COST TO THE SELLER PLUS THE MARKUP CUSTOM-

 9
      ARILY APPLIED BY THE SELLER FOR THAT GOOD OR SERVICE IN THE USUAL

10
      COURSE OF BUSINESS IMMEDIATELY BEFORE THE ONSET OF THE STATE OF

11
      EMERGENCY.

12
           (2) DURING OR WITHIN 180 DAYS FOLLOWING A DECLARATION OF AN

13
      EMERGENCY OR MAJOR DISASTER IN THIS STATE BY THE PRESIDENT OF THE

14
      UNITED STATES, A DECLARATION OF A STATE OF DISASTER OR STATE OF

15
      EMERGENCY BY THE GOVERNOR, OR A DECLARATION OF A LOCAL STATE OF

16
      EMERGENCY BY A CHIEF EXECUTIVE OFFICIAL OF A COUNTY OR MUNICIPAL-

17
      ITY, A CONTRACTOR THAT SELLS OR OFFERS TO SELL ANY REPAIR OR

18
      RECONSTRUCTION SERVICE OR ANY SERVICE USED IN EMERGENCY CLEANUP

19
      FOR A PRICE OF MORE THAN 10% ABOVE THE PRICE ORDINARILY CHARGED

20
      BY THAT PERSON FOR THAT SERVICE IMMEDIATELY BEFORE THE DECLARED

21
      STATE OF EMERGENCY IS GUILTY OF A FELONY PUNISHABLE BY IMPRISON-

22
      MENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN

23
      $20,000.00, OR BOTH.  IT IS AN AFFIRMATIVE DEFENSE TO A PROSECU-

24
      TION UNDER THIS SECTION THAT IF THE INCREASE IN PRICE IS DIRECTLY

25
      ATTRIBUTABLE TO ADDITIONAL COSTS IMPOSED ON THE CONTRACTOR BY THE

26
      SUPPLIER OF GOODS INCLUDED IN THE SERVICE OR DIRECTLY

27
      ATTRIBUTABLE TO ADDITIONAL COSTS FOR LABOR OR MATERIALS USED TO



   05508'01                                   3

 1
      PROVIDE THE SERVICE, IF THE PRICE OF THE SERVICE IS NOT MORE THAN

 2
      10% ABOVE THE TOTAL OF THE COST TO THE CONTRACTOR PLUS THE MARKUP

 3
      CUSTOMARILY APPLIED BY THE CONTRACTOR FOR THAT SERVICE IN THE

 4
      USUAL COURSE OF BUSINESS IMMEDIATELY BEFORE THE ONSET OF THE

 5
      STATE OF EMERGENCY.

 6
           (3) EACH SALE OR OFFER TO SELL IN VIOLATION OF SUBSECTION

 7
      (1) OR (2) IS A SEPARATE OFFENSE.

 8
           (4) AS USED IN THIS SECTION:

 9
           (A) "CHIEF EXECUTIVE OFFICIAL", "LOCAL STATE OF EMERGENCY",

10
      "MUNICIPALITY", "STATE OF DISASTER", AND "STATE OF EMERGENCY"

11
      MEAN THOSE TERMS AS DEFINED IN SECTION 2 OF THE EMERGENCY MANAGE-

12
      MENT ACT, 1976 PA 390, MCL 30.402.

13
           (B) "ESSENTIAL COMMODITY" MEANS ANY OF THE FOLLOWING:

14
           (i) ITEMS OF FOOD OR DRINK FOR HUMANS OR OTHER ANIMALS.

15
           (ii) GOODS OR SERVICES USED FOR EMERGENCY CLEANUP.

16
           (iii) WATER, FLASHLIGHTS, RADIOS, BATTERIES, CANDLES, BLAN-

17
      KETS, SOAP, DIAPERS, TEMPORARY SHELTERS, TAPE, TOILETRIES, PLY-

18
      WOOD, NAIL, HAMMERS, OR OTHER EMERGENCY SUPPLIES.

19
           (iv) PRESCRIPTION AND NONPRESCRIPTION MEDICATIONS, BANDAGES,

20
      GAUZE, ISOPROPYL ALCOHOL, ANTIBACTERIAL PRODUCTS, AND OTHER MEDI-

21
      CAL SUPPLIES.

22
           (v) HOME HEATING FUEL OR GASOLINE OR OTHER MOTOR FUEL.

23
           (vi) LUMBER, CONSTRUCTION TOOLS, WINDOWS, OR OTHER MATERIALS

24
      USED IN THE BUILDING OR REBUILDING OF PROPERTY.

25
           (vii) SERVICES PERFORMED BY ANY PERSON THAT CONTRACTS TO

26
      MOVE, STORE, OR TRANSPORT PERSONAL OR BUSINESS PROPERTY OR RENTS

27
      EQUIPMENT TO PERFORM 1 OR MORE OF THOSE SERVICES.


05508'01                    Final page.