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Ch. 100
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2002 LAWS OF MARYLAND
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Annotated Code of Maryland
(2001 Replacement Volume)
BY repealing and reenacting, with amendments,
Article - Transportation
Section 12-104.1, 12-301, 13-406.1, 16-103.1, 16-115(a), 16-808, and 27-101(s)
Annotated Code of Maryland
(1999 Replacement Volume and 2001 Supplement)
BY adding to
Article - Transportation
Section 16-813.1
Annotated Code of Maryland
(1999 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 16A—Maryland Emergency Management Agency
10A.
(A) ON THE DECLARATION OF A STATE OF EMERGENCY UNDER THIS ARTICLE,
A PERSON, CONTRACTOR, BUSINESS, OR OTHER ENTITY MAY NOT CHARGE AN
UNCONSCIONABLY EXCESSIVE PRICE FOR ANY CONSUMER FOOD ITEMS OR GOODS,
GOODS OR SERVICES USED FOR EMERGENCY CLEANUP, EMERGENCY SUPPLIES,
MEDICAL SUPPLIES AND SERVICES, HOME HEATING OIL, BUILDING MATERIALS,
HOUSING, TRANSPORTATION, FREIGHT, STORAGE SERVICES, GASOLINE OR OTHER
MOTOR FUELS, OR OTHER GOOD OR SERVICE THAT THE GOVERNOR DETERMINES IS
VITAL AND NECESSARY TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE
DURING THE STATE OF EMERGENCY.
(B) (1) IF THE ATTORNEY GENERAL DETERMINES THAT THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT A PERSON, CONTRACTOR, BUSINESS, OR
OTHER ENTITY HAS VIOLATED SUBSECTION (A) OF THIS SECTION, THE ATTORNEY
GENERAL MAY BRING A CIVIL ACTION AGAINST THE PERSON, CONTRACTOR,
BUSINESS, OR OTHER ENTITY FOR CHARGING AN UNCONSCIONABLY EXCESSIVE
PRICE FOR A CONSUMER GOOD OR SERVICE.
(2) IN ANY PROCEEDING COMMENCED PURSUANT TO THIS SECTION,
PRIMA FACIE PROOF THAT A VIOLATION HAS OCCURRED SHALL INCLUDE EVIDENCE
THAT:
(I) THE AMOUNT CHARGED IS MORE THAN 15% ABOVE THE PRICE
CHARGED BY THAT PERSON, CONTRACTOR, BUSINESS, OR OTHER ENTITY
IMMEDIATELY PRIOR TO THE DECLARATION OF AN EMERGENCY; OR
(II) THE AMOUNT CHARGED GROSSLY EXCEEDED THE PRICE AT
WHICH THE SAME OR SIMILAR GOODS OR SERVICES WERE READILY OBTAINABLE BY
OTHER PURCHASERS IN THE TRADE AREA.
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- 1268 -
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