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Second Regular Session of the 122nd

H.P. 1333 - L.D. 1892

An Act To Prevent Price Gouging

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 10 MRSA §1105, as amended by PL 1979, c. 541, Pt. A, §91, is repealed and the following enacted in its place:

§1105. Profiteering in necessities

     1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

     2. Declaration. Whenever it appears upon due inquiry and consultation with the Attorney General that an abnormal market disruption exists or that there is a substantial likelihood that an abnormal market disruption is imminent, the Governor may, in the Governor's sole discretion and after considering whether the declaration of an abnormal market disruption itself will disrupt supplies for affected necessities, declare an abnormal market disruption.

     3. Profiteering prohibited. After the Governor has declared an abnormal market disruption and before the declaration of the abnormal market disruption expires, a person may not sell or offer for sale necessities at an unconscionable price.

     4. Civil violation. A violation of subsection 3 is a civil violation that constitutes and may be prosecuted as an unfair act or practice in the conduct of trade or commerce pursuant to Title 5, section 207, except that the provisions of Title 5, section 213 do not apply. The declaration of an abnormal market disruption creates a rebuttable presumption that the disruption occurred and existed from the beginning date in the declaration to the date of its expiration.

Effective August 23, 2006.

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