HB 1777 -- Public Order

Co-Sponsors:  Johnson (61), Legan

CONSUMER PROTECTION

This bill makes it unlawful to use unfair leverage in the sale of
essential consumer merchandise during a consumer market
disruption due to weather, natural disaster, civil disorder, or
other specified emergencies.  Prima facie evidence of unfair
leverage includes a showing of a gross disparity between the
price at which the seller sold the merchandise and the seller's
price for similar merchandise before the market disruption or a
gross disparity between the price at which the seller sold the
merchandise and the price at which comparable merchandise was
available in the area at the same time.  Prima facie evidence may
be rebutted by the seller by a showing that the seller did not
exercise unfair leverage.  Persons who exercise unfair leverage
are liable for restitution to consumers, a civil penalty to the
State of Missouri, and may be subject to civil action commenced
by the Attorney General.

The bill also authorizes the Governor to declare a consumer
emergency by executive order if a consumer market disruption
exists and specifies what the order must include.

The bill creates the crime of criminal profiteering.  Criminal
profiteering is defined as knowingly or recklessly selling
essential consumer merchandise at a profit margin over 10%
greater than the seller's profit margin for similar merchandise
before a consumer market disruption.  Criminal profiteering is a
class D felony.

TERRORIST THREATS

The bill revises the current crime of making a terrorist threat.
It removes existing language that defines making a terrorist
threat as threatening to commit a felony or making a false report
about the commission of a felony and replaces it with threatening
to commit or making a false report about an incident or condition
involving danger to life.  It also makes certain technical
changes.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am