3.__Attorney General declaration.__Whenever it appears upon due inquiry that an abnormal market disruption exists, or that there is a substantial likelihood that an abnormal market disruption is imminent, the Attorney General may, in the Attorney General's sole discretion, declare an abnormal market disruption.__ The Attorney General's declaration must specify the particular necessity, necessities or categories of necessities that are subject to the abnormal market disruption.__The Attorney General shall cause the declaration to be published in a manner reasonably calculated to give affected persons adequate notice.__ The declaration expires when the Attorney General declares it expired or 60 days from the date of its issuance, whichever is sooner.

4.__Civil violation.__Profiteering in necessities during an abnormal market disruption 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 to profiteering in necessities. The existence of an abnormal market disruption constitutes an element of the violation that must be affirmatively proven, except that when the Attorney General has declared an abnormal market disruption, the declaration creates a rebuttable presumption that the disruption occurred and existed from the date of the declaration to the date of its expiration.

5.__Rulemaking.__The Attorney General may adopt rules implementing this section, including, but not limited__to, rules governing required methods of publication and notice under subsection 3.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2- A.

SUMMARY

This bill amends the law that prohibits profiteering in necessities. It establishes a ceiling of 15% plus costs on increases in prices for necessities of life affected by an abnormal market disruption due to natural disaster, stress of weather, failure or shortage of electric power or other source of energy, strike, civil disorder, war, terror or a national or local emergency or another precipitating event.