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H.B. No. 0029 |
Anti-trust provisions. |
Sponsored By: Joint Agriculture, Public Lands and Water Resources Interim Committee
AN ACT relating to business practices; enhancing damages recoverable for unfair business discrimination; providing for recovery of attorneys' fees and an additional remedy; and providing for an effective date.
12/8/2005 Bill Number Assigned
2/13/2006 H Received for Introduction
2/16/2006 H Introduced and Referred to H05
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Barnard, Berger, Brown, Buchanan, Bucholz, Cohee, Diercks, Edwards, Gay, Gingery, Hageman, Hammons, Harshman, Harvey, Hinckley, Iekel, Illoway, Jones, Landon, Lockhart, Lubnau, Luthi, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Robinson, Samuelson, Semlek, Simpson, Slater, Walsh, White and Zwonitzer.
Nays: Representative(s) Bagby, Brechtel, Childers, Davison, Esquibel, Gilmore, Goggles, Hastert, Jorgensen, Martin, Reese, Thompson, Warren, Wasserburger and Watt.
Excused: Representative(s) Jackson and Quarberg.
Ayes 43 Nays 15 Excused 2 Absent 0 Conflicts 0
2/23/2006 H05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brown, Davison, Diercks, Hageman, Jackson, Morgan, Powers, Samuelson and Semlek
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/23/2006 H Placed on General File
HB0029HS001/ADOPTED
Page 1-line 2 Delete "providing".
Page 1-line 3 Delete entirely.
Page 1-line 8 Delete "(a)".
Page 1-line 16 Delete "injured directly or indirectly" insert "having a reasonably foreseeable physical and economic causal nexus".
Page 2-line 2 After "act" insert "."; strike balance of line.
Page 2-lines 3 through 8 Strike and delete entirely.
Page 2-After line 8 Insert and renumber:
"(b) Any injured person, firm, private corporation or trade association may maintain an action against the alleged violator of this act to recover three (3) times the actual damages sustained, together with costs, where there is a reasonably foreseeable physical and economic causal nexus between the injury and the violation.
(c) In the event a person has recovered the three (3) times total actual damages sustained due to a violation of this act under subsection (b) of this section, then no other person, firm, private corporation or trade association shall have the right to maintain an action against the violator for the same act or acts; provided, however, that other injured persons, firms private corporations or trade associations may maintain an action against the party who recovered three (3) times the total damages to recover a proportionate share thereof, less a proportionate share of reasonable attorneys' fees and costs, where there is a reasonably foreseeable physical and economic causal nexus between their injury and the same act or acts for which recovery was made.
(b)(d) Any person who, either as director, officer or agent
of any firm or corporation or as agent of any person, violating the provisions
of this act, assists or aids, directly or indirectly, in such violation shall
be responsible therefor equally with the person, firm or corporation for whom
or which he acts.
(c)(e) In the prosecution of any person as officer, director
or agent, it shall be sufficient to allege and prove the unlawful intent of the
person, firm or corporation for whom or which he acts.
(d)(f) Any defendant in an action brought under the
provisions of this act may be required to testify under the provisions of the
Code of Civil Procedure [title 1] of this state, and in addition the books and
records of any such defendant may be required to be brought into court and
introduced, by reference, into evidence; provided, however, that no information
so obtained may be used against the defendant as a basis for a misdemeanor
prosecution under the provisions of this act.". HAGEMAN, CHAIRMAN
2/24/2006 H Passed CoW
2/27/2006 H Passed 2nd Reading
2/28/2006 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
Excused: Representative(s) Petersen
Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0
3/1/2006 S Received for Introduction
3/1/2006 S Introduced and Referred to S05
3/3/2006 S05 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Geis, Johnson and Vasey
Nays: Senator(s) Meier and Peterson
Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0
3/3/2006 S Placed on General File
HB0029SS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 16 After "nexus" insert "to the specific act or acts alleged to be a violation". GEIS, CHAIRMAN
3/7/2006 S Passed CoW
HB0029S2001/ADOPTED (TO ENGROSSED COPY)
Page 2-lines 1 through 3 Reinsert all stricken language and delete all new language.
Page 2-line 7 Delete "this act" insert "W.S. 40‑4‑101".
Page 2-line 14 Delete "this act under" insert "W.S. 40‑4‑101 as provided in". NICHOLAS
HB0029S2002/FAILED (TO ENGROSSED COPY)
Page 2-line 7 After "recover" delete balance of line.
Page 2-line 8 After "actual" insert "and punitive"; delete "sustained".
Page 2-line 12 Delete "the three (3)".
Page 2-line 13 Delete "times total actual damages sustained" insert "damages".
Page 2-line 17 Delete "; provided" insert "after one hundred eighty (180) days have elapsed from full and public disclosure of the damages awarded, why the damages were awarded and the violating party has ceased and desisted the damaging actions.".
Page 2-lines 18 through 23 Delete.
Page 3-lines 1 and 2 Delete. MEIER
3/8/2006 S Passed 2nd Reading
HB0029S3001/ADOPTED (TO ENGROSSED COPY)
Delete the Nicholas Second Reading Amendment (HB0029S2001/AE) entirely and further amend as follows:
Page 1-line 2 After "discrimination;" insert "providing for a defense to a claim for damages, as specified; providing for transfer and consolidation of cases; providing authority for apportionment and delay in disbursement of damages;".
Page 2-line 7 Delete "this act" insert "W.S. 40‑4‑101(a)(i)".
Page 2-lines 12 through 23 Delete entirely; insert and renumber as follows:
"(c) In any action where both direct and indirect purchasers are involved, a defendant shall be entitled to prove as a partial or complete defense to a claim for damages that the illegal overcharge has been passed on to others who are themselves entitled to recover to avoid duplication of recovery of damages.
(d) In any case in which claims are asserted by both direct purchasers and indirect purchasers, the court may transfer and consolidate cases, apportion damages and delay disbursement of damages to avoid multiplicity of suits and duplication of recovery of damages, and to obtain substantial fairness.".
Page 3-lines 1 and 2 Delete.
Page 3-line 4 Delete "(d)" insert "(e)".
Page 3-line 11 Delete "(e)" insert "(f)".
Page 3-line 16 Delete "(f)" insert "(g)".
To the extent required by this amendment: renumber as necessary. NICHOLAS
3/9/2006 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Aullman, Boggs, Burns, Decaria, Geis, Hanes, Hawks, Job, Johnson, Massie, Meier, Mockler, Nicholas, Peck, Ross, Schiffer, Sessions and Von Flatern.
Nays: Senator(s) Anderson, J., Barrasso, Case, Coe, Cooper, Hines, Jennings, Larson, Peterson, Scott, Townsend and Vasey.
Ayes 18 Nays 12 Excused 0 Absent 0 Conflicts 0
3/9/2006 H Received for Concurrence
3/9/2006 H Did Concur
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.
Excused: Representative(s) Harvey, Jackson, Lockhart and Morgan.
Ayes 56 Nays 0 Excused 4 Absent 0 Conflicts 0
3/9/2006 Assigned Number HEA No. 0047
3/10/2006 H Speaker Signed HEA No. 0047
3/10/2006 S President Signed HEA No. 0047
3/23/2006 Governor Signed HEA No. 0047
3/24/2006 Assigned Chapter Number
Chapter No. 0089 Session Laws of Wyoming 2006.