Bill Text: DE HB248 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To Commerce And Trade.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-13 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House [HB248 Detail]
Download: Delaware-2013-HB248-Draft.html
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SPONSOR: |
Rep. Carson & Sen. Ennis Reps. Dukes, Hudson, Jaques, Keeley, Paradee, Spiegelman, Wilson;Sen. Lawson |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 248 |
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE. |
Section 1. Amend Title 6 by adding Chapter 78 as shown by underline as follows:
§7801Short title; purpose.
(a) This chapter may be known and shall be cited as the Post-Emergency Anti-Price Gouging Act.
(b) With the understanding that the pricing of gasoline is generally best determined by the commercial marketplace, the purpose of the Post-Emergency Anti-Price Gouging Act is to protect Delawareans from excessive and unjustified increases in gasoline prices charged during or shortly after a declared state of emergency where gasoline may be essential in promoting health, safety, and welfare.
§7802Definitions.
As used in this chapter:
(1) "Declared state of emergency" means a disaster or emergency event:
a. For which a Governor's state of emergency proclamation has been issued; or
b. For which a Presidential declaration of a federal major disaster or emergency has been issued.
(2) "Emergency period" means the period beginning with the day a state of emergency is declared and extends for a period of 30 calendar days after the end of such declared state of emergency, unless a longer period is authorized by the General Assembly.
(3) "Excessive price increase" means a price that is excessive as compared to the price at which the gasoline was sold or offered for sale by the seller in the usual course of business immediately prior to the state of emergency. A price shall be deemed excessive if:
a. The price exceeds by more than 10 percent the price at which the gasoline was sold or offered for sale by the seller in the usual course of business immediately prior to the state of emergency, unless the price charged by the seller is attributable to additional costs imposed by the seller's supplier or other costs of providing the gasoline during the state of emergency;
b. In those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the gasoline during the state of emergency, the price represents an increase of more than 10 percent in the amount of markup from cost, compared to the markup customarily applied by the seller in the usual course of business immediately prior to the state of emergency.
(4) "Gasoline" shall mean any fuel used to power any motor vehicle or other machinery.
§7803 Prohibited price increases.
It shall be an unlawful practice for any person to sell or offer to sell during an emergency period, anywhere in the state of Delaware, gasoline essential as a direct result of an emergency, or which is used to preserve, protect, or sustain the life, health, safety or comfort of persons or their property, for a price that constitutes an excessive price increase.
SYNOPSIS
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This bill amends the Delaware Code concerning commerce and trade by during a declared state of emergency and shortly thereafter prohibiting the unjustified overpricing of gasoline which is essential to the promotion of the general health, safety and welfare.Specifically, an increase of over 10% beyond the pre-emergency price shall be prohibited as excessive. |
