09 LC 36
1370
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
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
prohibit certain pricing practices during an abnormal market disruption
significantly affecting the production, distribution, supply, sale, or
availability of oil, gasoline, or other petroleum products; to define terms; to
provide for related matters; 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)
As used in
this Code section, the term:
(1)
'Abnormal market disruption' means a condition declared by the Governor when, in
his or her judgment, there is a significant disruption to the production,
distribution, supply, sale, or availability of oil, gasoline, or other petroleum
products that:
(A)
Is caused by an event such as a natural or manmade emergency or disaster,
whether within the State of Georgia or external to the State of Georgia;
and
(B)
Causes ordinary competitive market forces to cease to function
normally.
An
abnormal market disruption may be declared state wide or regionally and shall
continue until the Governor finds that the disruption has passed or the
emergency or disaster conditions no longer exist and by appropriate action
terminates the declared abnormal market disruption.
(2)
'State of emergency' shall have the same meaning provided in Code Section
38-3-3.
(b)(1)
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 long as
such state of emergency exists, to sell or offer for sale at retail any goods or
services 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.
(2)
It shall be an unlawful, unfair, and deceptive trade practice for any person,
firm, or corporation doing business in any area of this state in which an
abnormal market disruption has been declared, for as long as such abnormal
market disruption exists, to sell or offer for sale at retail any oil, gasoline,
or other petroleum products at a price higher than the price at which such goods
were sold or offered for sale immediately prior to the declaration of an
abnormal market disruption; provided, however, that such price may be increased
only in an amount which accurately reflects an increase in cost of such goods to
the person selling the goods or an increase in the cost of transporting the
goods into the area.
(b)(c)
Notwithstanding the provisions of subsection
(a)(b)
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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.