SB 237 – AS INTRODUCED
2006 SESSION
05/10
SENATE BILL 237
AN ACT relative to excessive overpricing of essential commodities during a declared state of emergency.
SPONSORS: Sen. Larsen, Dist 15; Sen. Green, Dist 6; Sen. D’Allesandro, Dist 20; Sen. Gottesman, Dist 12; Rep. Osborne, Merr 12; Rep. Theberge, Coos 4; Rep. Lockwood, Merr 6; Rep. E. Blanchard, Merr 10
COMMITTEE: Energy and Economic Development
This bill prohibits excessive overpricing of essential commodities during a declared state of emergency.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2176
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to excessive overpricing of essential commodities during a declared state of emergency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Prohibition Against Excessive Overpricing. Amend RSA by inserting after chapter 359-H the following new chapter:
CHAPTER 359-I
PROHIBITION AGAINST EXCESSIVE OVERPRICING
359-I:1 Definition of Commodity. In this chapter, “commodity” means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, including food, water, ice, medicine, chemicals, petroleum products, and lumber, necessary for consumption or use as a direct result of a declared state of emergency and essential for public health or safety.
359-I:2 Excessive Overpricing. It is prima facie evidence that a price is excessive if:
I. The amount charged represents an increase of 10 percent or more of the price of the commodity or rental or lease of any dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends; or
II. The amount charged by a selling agent exceeds by 10 percent or more the average price at which the same or similar commodity was readily obtainable in the trade area or routinely offered for sale by the selling merchant during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends.
359-I:3 Prohibition on Excessive Overpricing. Upon a declaration of a state of emergency by the governor under RSA 4:45, it shall be unlawful for any person, or his or her agent or employee, to rent or sell, or offer to rent or sell, a commodity at an excessive price within the area for which the state of emergency has been declared. It also shall be unlawful to impose an excessive price for the rental or lease of any dwelling unit or self-storage facility during a period of declared state of emergency. This prohibition shall remain in effect until the declaration expires or is terminated.
359-I:4 Exemptions. This chapter shall not apply to:
I. A price increase approved by an appropriate government agency.
II. Sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency.
359-I:5 Penalty for Violation. Any violation of this chapter shall constitute an unfair or deceptive act or practice within the meaning of RSA 358-A:2. Any right, remedy, or power set forth in RSA 358-A may be used to enforce the provisions of this chapter.
2 Effective Date. This act shall take effect January 1, 2007.