10 LC 36 1530S (SCS)
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 SENATE
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
specify the price at which a retailer of gasoline or diesel products may sell
its goods 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 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.
(c)
The provisions of subsection (a) of this Code section shall not apply to
gasoline or diesel products unless the Governor specifically includes such
products in the declaration of the state of emergency. If such products are
included in the declaration of the state of emergency, a retailer of gasoline or
diesel 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.
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.