Current Status Introducing Body:Senate Bill Number:26 Primary Sponsor:Passailaigue Committee Number:11 Type of Legislation:GB Subject:Price gouging Residing Body:Senate Current Committee:Judiciary Computer Document Number:26 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Type of Legislation:General Bill
Bill Body Date Action Description CMN
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26 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
26 Senate Sep 10, 1990 Prefiled, referred to 11
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-35 SO AS TO PROHIBIT INCREASING THE PRICES ORDINARILY CHARGED FOR GOODS AND SERVICES DURING A STATE OF EMERGENCY, DEFINE TERMS, AND PROVIDE PENALITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 7, Title 16 of the 1976 Code is amended by adding:
"Section 16-7-35. (A) During a state of emergency as declared by the Governor, the value received for goods and services sold within the designated emergency area may not exceed the prices ordinarily charged for comparable goods and services in the same market area at or immediately before the time of the transaction. However, the value received may include reasonable expenses and a charge for any attendant business risk in addition to the cost of the goods and services which necessarily are incurred in procuring the goods and services during the state of emergency.
(B) For purposes of this section:
(1) 'Person' means an individual, a firm, a business, an association, a partnership, a corporation, an organization, or other entity.
(2) 'Value received' means the consideration or payment given for the purchase of goods and services.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than six months, or both. Each sale or offer for sale in violation of this section constitutes a separate offense.
(D) The penalties provided in subsection (C) are in addition to civil remedies provided by law, including attorney's fees."
SECTION 2. This act takes effect upon approval by the Governor.