Bill Positions

Bill Number: HB 416

Bill Title: Public Safety - Emergency Management - Essential Goods and Services

Bill Sponsor(s): Delegate Rudolph, et al

Subject: Civil Liability

Committee: ECM

Bill Summary: This bill would have authorized the imposition of price controls on a wide range of goods and services in Maryland during and after a state of emergency was declared by the Governor. Violation of the allowed maximum sale price would have subjected the seller to fines, penalties and lawsuits by the Attorney General and the buyer of the good or service.

History: In 2005 SB 353 and HB 556 received an unfavorable committee report respectively by JPR and ECM. In 2006 HB 580l died without a vote in ECM. Similar legislation, heavily amended, passed the Senate as SB 320. In 2007 HB 927 received an unfavorable report from the Economic Matters Committee. In 2008 HB 1487 died without a vote in the Economic Matters Committee. In 2009 HB 416 again died without a vote in the Economic Matters Committee.

Chamber Position: Oppose

Position Summary: While this bill was a considerable improvement over similar bills offered in prior years, the aspect of the bill allowing a private cause of action for persons to sue vendors remained unacceptable. The Attorney General is the appropriate person to enforce such a law and has abundant authority under the Consumer Protection Act to make appropriate recoveries. It is also necessary to place a daily cap on fines for vendors so that the total amount of fines stemming from multiple transactions is not exorbitant.

Position Statement: Click here (pdf)

Chamber Staff: Ronald Wineholt

General Assembly: Click here to view the bill on the Maryland General Assembly's website.