2013 Kentucky Revised Statutes
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367.374 Sale or rental of goods and services during declared state of
emergency -- Thirty-day prohibition against grossly excessive prices -Application of section.
When a Condition Red has been declared by the United States
Department of Homeland Security under the Homeland Security Advisory
System or the Governor has declared a state of emergency under KRS
39A.100, the Governor may implement this section by executive order for
a period of thirty (30) days from notification of implementation, as required
by KRS 367.376. The order implementing this section shall be limited to
the geographical area indicated in the declaration of emergency.
(b) No person shall sell, rent, or offer to sell or rent, regardless of whether an
actual sale or rental occurs, a good or service listed in this paragraph or
any repair or reconstruction service for a price which is grossly in excess
of the price prior to the declaration and unrelated to any increased cost to
the seller. Goods and services to which this section applies are:
Consumer food items;
Goods or services used for emergency cleanup;
Home heating oil;
Transportation, freight, and storage services; and
Gasoline or other motor fuels.
(c) A person who increases a price does not violate this subsection if the
price increase is attributable to an additional cost imposed by a supplier of
a good or other costs of providing the good or service, including an
additional cost for labor or materials used to provide a service.
The provisions of this section may be extended for an additional period, not to
exceed thirty (30) days, by the Governor if necessary to protect the lives,
property, or welfare of the citizens.
If a person sold or rented a good or service listed in subsection (1) of this
section at a reduced price in the thirty (30) days prior to the Governor's
implementation of this section, the price at which that person usually sells or
rents the good or service in the area for which the declaration was issued shall
be used in determining if the person is in violation of this section.
If a person did not sell or rent or offer to sell or rent a good or service listed in
subsection (1) of this section prior to the Governor's implementation of this
section, the price at which a good or service was generally available in the area
for which the declaration was issued shall be used in determining if the person
is in violation of this section.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 109, sec. 1, effective June 26, 2007. -Created 2004 Ky. Acts ch. 156, sec. 2, effective July 13, 2004.
CHAPTER 367 - CONSUMER PROTECTION
367.374 Sale or rental of goods and services during declared state of emergency -- Thirty-day prohibition against grossly excessive prices -- Application of section.
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