|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S.B. 639
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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.
(3) PERSON, CONTRACTOR, BUSINESS, OR OTHER ENTITY MAY REBUT
A PRIMA FACIE CASE WITH EVIDENCE THAT ADDITIONAL COSTS NOT WITHIN THE
CONTROL OF THE PERSON, CONTRACTOR, BUSINESS, OR OTHER ENTITY WERE
IMPOSED ON THE PERSON, CONTRACTOR, BUSINESS, OR OTHER ENTITY FOR THE
GOODS OR SERVICES.
(C) IN A CIVIL PROCEEDING UNDER THIS SECTION A COURT MAY ORDER THE
FOLLOWING TYPES OF RELIEF:
(1) AN INJUNCTION ORDERING A PERSON NOT TO CHARGE AN
UNCONSCIONABLY EXCESSIVE PRICE FOR A GOOD OR SERVICE;
(2) A CIVIL FINE NOT EXCEEDING $10,000 FOR EVERY DAY OF THE
VIOLATION; OR
(3) AN ORDER REQUIRING THE PERSON TO MAKE RESTITUTION TO ANY
AGGRIEVED PURCHASER.
Article 41—Executive and Administrative Departments
SUBTITLE 2. PROHIBITION ON CHARGING UNCONSCIONABLY EXCESSIVE PRICES.
2-201.
(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
|
|
|
|
|
|
|
|
|
|
- 4748 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
