AB 44: Prohibits manipulating the price of an essential good or service in this State. (BDR 52-503) - Nevada

Reprint 2 → As Enrolled · 4 edits

MODERATE

This bill adds a new prohibition against manipulating the prices of essential goods and services, such as food and utilities, by defining it as an unlawful restraint of trade. The change matters because it criminalizes price gouging that causes prices to rise significantly above normal market forces over a one-year period, closing a gap in Nevada's unfair trade practices laws.

Scope change

The bill expands the scope of the Nevada Unfair Trade Practice Act to include specific price manipulation tactics as illegal activities, whereas the previous version did not explicitly cover this behavior.

DEFINITION

Added a specific definition for 'essential good or service' to clarify which items are protected under the new law.

REQUIREMENT

Established a new legal standard where prices are considered manipulated if they increase by an amount equal to or greater than the state's average annual percentage change over a five-year period.

ENFORCEMENT

Explicitly included price manipulation as a category of unlawful contract or conspiracy in restraint of trade under state law.

SCOPE

Added new text to the legislative digest explaining that the bill prohibits deceptive trade practices intended to artificially inflate prices for essential items.

As Introduced → Reprint 1 · 4 edits

MODERATE

The bill was reprinted to reflect amendments adopted on April 21, 2025, which significantly redefined how 'essential goods or services' are identified and how price manipulation is calculated. The changes shift the focus from a fixed dollar threshold to a percentage-based comparison against historical inflation data.

Scope change

The scope of the bill was narrowed regarding the definition of 'essential goods or services' by removing a broad list of examples (like food, medicine, and shelter) and a specific dollar limit, replacing them with a requirement that the good or service fall within specified categories and meet a percentage increase test.

DEFINITION

The definition of 'essential good or service' was changed from a broad list including food, medicine, and shelter with a $750/$9,000 price cap to a narrower definition requiring the item to fall within specified categories and meet a percentage increase test.

A new reference was added to the Personal Consumption Expenditures by State (SAPCE3) published by the U.S. Department of Commerce to serve as the benchmark for calculating the average percentage increase.

REQUIREMENT

The criteria for determining price manipulation were updated to require that price increases do not reflect supply and demand forces AND result in a percentage increase equal to or greater than the average percentage increase for that category over the preceding five years.

ENFORCEMENT

Clarification was added stating that the new provisions regarding price manipulation do not create a private right of action, meaning individuals cannot directly sue under these specific new rules.

Reprint 1 → Reprint 2 · 3 edits

MINOR

The bill was reprinted with amendments adopted on May 21, 2025, updating the date from April 21, 2025. The core definition of price manipulation was modified to clarify that deceptive trade practices must involve intent to mislead consumers or manipulate the market, while also requiring the price increase to not reflect supply and demand forces and meet specific percentage thresholds. The text was reorganized for clarity, splitting the intent and market manipulation criteria into separate numbered points.

Scope change

The bill's scope remains focused on prohibiting price manipulation of essential goods and services, but the language now more explicitly requires intent to mislead consumers or manipulate the market as part of the definition.

DEFINITION

The definition of price manipulation now explicitly requires that deceptive trade practices involve intent to mislead consumers or for the purpose of manipulating the market, rather than just engaging in deceptive practices that cause price increases.

REQUIREMENT

The criteria for price manipulation were reorganized to separate the intent to mislead/manipulate market from the specific price increase requirements, making the law clearer about what constitutes prohibited conduct.

TECHNICAL

The reprint date was updated from April 21, 2025 to May 21, 2025, reflecting new amendments adopted by the legislature.

Prohibits manipulating the price of an essential good or service in this State. (BDR 52-503)

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