Amendments for HB19-1231
House Journal, March 26
19 HB19-1231 be amended as follows, and as so amended, be referred to
20 the Committee of the Whole with favorable
21 recommendation:
22
23 Amend printed bill, page 2, strike line 7 and substitute:
24 "(III) SELLS OR OFFERS TO SELL ANY".
25
26 Page 11, line 3, strike "TUB THAT IS PORTABLE." and substitute "TUB.".
27
28 Page 14, strike lines 1 through 5.
29
30 Reletter succeeding paragraphs accordingly.
31
32 Page 14, line 7, strike "OR".
33
34 Page 14, line 9, strike "VEHICLES." and substitute "VEHICLES; OR
35 (c) PRODUCTS HELD IN INVENTORY ON OR BEFORE THE EFFECTIVE
36 DATE OF THE APPLICABLE STANDARD FOR EACH CATEGORY OF PRODUCT
37 SET FORTH IN THIS ARTICLE 7.5.".
38
39 Page 17, line 3, strike "RESIDENTIAL" and substitute "NEW RESIDENTIAL".
40
41 Page 18, line 21, strike "PORTABLE" and substitute "NEW PORTABLE".
42
43 Page 19, strike lines 3 through 7.
44
45
House Journal, April 3
9 Amendment No. 1, Energy & Environment Report, dated March 25,
10 2019, and placed in member's bill file; Report also printed in House
11 Journal, March 26, 2019.
12
13 Amendment No. 2, by Representative(s) Froelich.
14
15 Amend the Energy and Environment Committee Report, dated March 25,
16 2019, page 1, strike lines 1 and 2 and substitute:
17
18 "Amend printed bill, page 2, strike lines 2 through 10.
19
20 Renumber succeeding sections accordingly.".
21
22 Page 1 of the report, after line 13 insert:
23
24 "Page 21 of the bill, after line 23 insert:
25 "6-7.5-110. Penalties - civil action by attorney general. (1) A
26 PERSON SHALL NOT SELL OR OFFER TO SELL ANY NEW CONSUMER PRODUCT
27 THAT IS REQUIRED TO MEET A STANDARD ESTABLISHED IN THIS ARTICLE
28 7.5 BUT THAT THE PERSON KNOWS DOES NOT MEET THAT STANDARD.
29 (2) WHENEVER THE ATTORNEY GENERAL HAS PROBABLE CAUSE TO
30 BELIEVE THAT ANY PERSON OR GROUP OF PERSONS HAS VIOLATED OR
31 CAUSED ANOTHER TO VIOLATE SUBSECTION (1) OF THIS SECTION, THE
32 ATTORNEY GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE
33 TO SEEK THE IMPOSITION OF CIVIL PENALTIES AS FOLLOWS:
34 (a) ANY PERSON WHO VIOLATES OR CAUSES ANOTHER TO VIOLATE
35 SUBSECTION (1) OF THIS SECTION SHALL FORFEIT AND PAY TO THE
36 GENERAL FUND OF THIS STATE A CIVIL PENALTY OF NOT MORE THAN TWO
37 THOUSAND DOLLARS FOR EACH SUCH VIOLATION. FOR PURPOSES OF THIS
38 SUBSECTION (2)(a), A VIOLATION CONSTITUTES A SEPARATE VIOLATION
39 WITH RESPECT TO EACH CONSUMER OR TRANSACTION INVOLVED; EXCEPT
40 THAT THE MAXIMUM CIVIL PENALTY SHALL NOT EXCEED FIVE HUNDRED
41 THOUSAND DOLLARS FOR ANY RELATED SERIES OF VIOLATIONS.
42 (b) ANY PERSON WHO VIOLATES OR CAUSES ANOTHER TO VIOLATE
43 ANY PROVISION OF THIS ARTICLE 7.5, WHERE SUCH VIOLATION WAS
44 COMMITTED AGAINST AN ELDERLY PERSON, SHALL FORFEIT AND PAY TO
45 THE GENERAL FUND OF THE STATE A CIVIL PENALTY OF NOT MORE THAN
46 TEN THOUSAND DOLLARS FOR EACH SUCH VIOLATION. FOR PURPOSES OF
47 THIS SUBSECTION (2)(b), A VIOLATION OF THIS SECTION CONSTITUTES A
48 SEPARATE VIOLATION WITH RESPECT TO EACH ELDERLY PERSON
49 INVOLVED.".".
50
51 Amendment No. 3, by Representative(s) Froelich.
52
53 Amend the Energy and Environment Committee Report, dated March 25,
54 2019, page 1, line 10, strike "7.5."." and substitute "7.5.
1 (3) THIS ARTICLE 7.5 IS NOT ENFORCEABLE AGAINST AN EMPLOYEE
2 OF A CONTRACTOR WHO INSTALLS, REPAIRS, OR REPLACES APPLIANCES
3 AND COLLECTS FROM THE CUSTOMER AN AMOUNT REPRESENTING BOTH
4 PARTS AND LABOR.".".
5
6 Amendment No. 4, by Representative(s) Froelich.
7
8 Amend printed bill, page 12, line 21, strike "OR INSTALL".
9
10 Page 12, lines 24 and 25, strike "OR INSTALL".
11
12 Page 13, lines 9 and 10, strike "OR INSTALLED".
13
14 Amendment No. 5, by Representative(s) Froelich.
15
16 Amend printed bill, page 4, line 9, strike "STATEWIDE" and substitute
17 "STATE AND LOCAL".
18
19 As amended, ordered engrossed and placed on the Calendar for Third
20 Reading and Final Passage.
Senate Journal, April 24
After consideration on the merits, the Committee recommends that HB19-1231 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 2, line 9, strike "OR INSTALLED".
Page 12, line 22, strike "SALE, INSTALLATION," and substitute "SALE".
Page 19, line 20, strike "RENTAL, OR INSTALLATION" and substitute "OR
RENTAL".
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