A BILL TO BE ENTITLED
AN ACT to increase the fine for price gouging and to expand price gouging protections to situations in which a disaster declaration has not been declared.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 75‑38 reads as rewritten:
"§ 75‑38.  Prohibit excessive pricing and price gouging.
(a)	It is prohibited and shall be a violation of G.S. 75‑1.1 for any person to sell or rent or offer to sell or rent any goods or services which are consumed or used as a direct result of an emergency or which are consumed or used to preserve, protect, or sustain life, health, safety, or economic well‑being of persons or their property with the knowledge and intent to charge a price that is unreasonably excessive under the circumstances. This prohibition shall apply to all parties in the chain of distribution, including, but not limited to, a manufacturer, supplier, wholesaler, distributor, or retail seller of goods or services. 
In determining whether a price is unreasonably excessive, it shall be considered whether:
(1)	The price charged by the seller is attributable to additional costs imposed by the seller's supplier or other costs of providing the good or service during the triggering event.
(2)	The price charged by the seller exceeds the seller's average price in the preceding 60 days. If the seller did not sell or rent or offer to sell or rent the goods or service in question prior to the time of the triggering event, the price at which the goods or service was generally available in that county and neighboring counties shall be used as a factor in determining if the seller is charging an unreasonably excessive price.
(3)	The price charged by the seller is attributable to fluctuations in applicable commodity markets; fluctuations in applicable regional, national, or international market trends; or to reasonable expenses and charges for attendant business risk incurred in procuring or selling the goods or services.
(b)	In the event the Attorney General investigates a complaint for a violation of this section and determines that the seller has not violated the provisions of this section and if the seller so requests, the Attorney General shall promptly issue a signed statement indicating that the Attorney General has not found a violation of this section.
	(d)	This section applies at all times regardless of whether or not a state of emergency or disaster has been declared.		"
SECTION 2.  G.S. 75‑15.2 reads as rewritten:
"§ 75‑15.2.  Civil penalty.
(a)	In any suit instituted by the Attorney General, in which the defendant is found to have violated G.S. 75‑1.1 and the acts or practices which constituted the violation were, when committed, knowingly violative of a statute, the court may, in its discretion, impose a civil penalty against the defendant of up to five thousand dollars ($5,000) for each violation. In any action brought by the Attorney General pursuant to this Chapter in which it is shown that an action or practice when committed was specifically prohibited by a court order, the Court may, in its discretion, impose a civil penalty of up to five thousand dollars ($5,000) for each violation. Civil penalties may be imposed in a new action or by motion in an earlier action, whether or not such earlier action has been concluded. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The clear proceeds of penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
(b)	In any suit to which subsection (a) of this section would otherwise apply, the court shall impose a civil penalty against the defendant of ten thousand dollars ($10,000) if the defendant is found to have violated G.S. 75‑38 and that violation is the defendant's first violation of G.S. 75‑38. This penalty shall be in lieu of any penalty under subsection (a) of this section. The clear proceeds of penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 3.  This act becomes effective October 1, 2009.