09
SB 237/AP
Senate
Bill 237
By:
Senators Mullis of the 53rd, Cowsert of the 46th, Hamrick of the 30th, Murphy of
the 27th, Hooks of the 14th and others
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 10-1-393.4 of the Official Code of Georgia Annotated,
relating to prohibited pricing practices during a state of emergency, so as to
provide that the Governor shall identify what goods and services may not be sold
at higher prices during a state of emergency; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 10-1-393.4 of the Official Code of Georgia Annotated, relating to
prohibited pricing practices during a state of emergency, is amended to read as
follows:
"10-1-393.4.
(a)
It shall be an unlawful, unfair, and deceptive trade practice for any person,
firm, or corporation doing business in any area in which a state of emergency,
as such term is defined in Code Section 38-3-3, has been declared, for
as
so
long as such state of emergency exists, to sell or offer for sale at retail any
goods or services
identified by
the Governor in the declaration of the state of
emergency necessary to preserve, protect,
or sustain the life, health, or safety of persons or their property at a price
higher than the price at which such goods were sold or offered for sale
immediately prior to the declaration of a state of emergency; provided, however,
that such price may be increased only in an amount which accurately reflects an
increase in cost of the goods or services to the person selling the goods or
services or an increase in the cost of transporting the goods or services into
the area.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, a
retailer or
installer of lumber, plywood, and other lumber products may increase the price
of such products as may be necessary to replenish his or her existing daily
stock at current market rates, maintaining the same markup percentage he or she
applied prior to the state of emergency
may increase
the price of goods or services during a state of emergency if the price charged
for those goods or services is no greater than the cost to the retailer of those
goods or services, plus the retailer's average markup percentage applied during
the ten days immediately prior to the declaration of a state of
emergency."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.