S.F. No. 0112 |
Archaic price regulation repeal. |
Sponsored By: Senator(s) Scott and Representative(s) Brown and Stubson
AN ACT relating to trade and commerce; amending price regulation provisions as specified; repealing duplicative and archaic provisions; and providing for an effective date.
1/14/2009 Bill Number Assigned
1/16/2009 S Received for Introduction
1/19/2009 S Introduced and Referred to S04
1/22/2009 S04 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Coe, Decaria, Jennings, Massie and Von Flatern
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/22/2009 S Placed on General File
SF0112SS001/ADOPTED
Page 1-line 10 After "(vi)," insert "and by creating a new subsection (d),"; after "(b)," insert 40-4-109,".
Page 3-line 18 After "products" insert "of the same or similar product or service".
Page 3-After line 21 Insert and renumber:
"(d) As used in this chapter "this act" means W.S. 40‑4‑101 through 40‑4‑110.".
Page 4-After line 24 Insert and renumber:
"40‑4‑109. Proof of intent; cost survey as evidence of cost.
In any
injunction proceeding or in the prosecution of any person as officer, director
or agent, it shall be sufficient to allege and prove the unlawful intent actions
of the person, firm or corporation for whom or which he acts. Where a
particular trade or industry, of which the person, firm or corporation
complained against is a member, has an established cost survey for the locality
and vicinity in which the offense is committed, the said cost survey shall be
deemed competent evidence to be used in proving the costs of the person, firm
or corporation complained against within the provisions of this act.".
Page 5-line 14 After "including" insert "but not limited to".
Page 6-line 11 Strike "40-4-106" insert "40-4-107". COE, CHAIRMAN
1/22/2009 S Passed CoW
1/23/2009 S Passed 2nd Reading
SF0112S3001/ADOPTED
Page 5-line 18 Delete and insert "of a single or similar product shall not exceed thirty (30) days per year;". PETERSON
1/26/2009 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
1/29/2009 H Received for Introduction
2/10/2009 H Introduced and Referred to H07
2/23/2009 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brown, Hales, Lubnau, Miller and Stubson
Nays: Representative(s) Craft, Diercks, Illoway and Zwonitzer, Dn.
Ayes 5 Nays 4 Excused 0 Absent 0 Conflicts 0
2/23/2009 H Placed on General File
SF0112HS001/FAILED (TO ENGROSSED COPY)
Page 1-line 8 After "(i)," delete balance of the line.
Page 1-line 9 Delete the line through "(iv,)".
Page 1-line 12 After "(c)" insert "and 40-4-114(b)".
Page 2-lines 12 and 13 Delete entirely.
Page 3-line 19 After "service" delete balance of the line and insert ".".
Page 3-line 20 through 22 Delete entirely.
Page 7-After line 11 Insert:
"40-4-114. Enjoining violations; recovery of damages.
(b) Any injured person, firm, private corporation or trade association may
maintain an action against the alleged violator of
W.S. 40-4-101(a)(i) 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 for violation of W.S. 40-4-101(a) against the alleged violator
to recover the actual damages sustained by the injured person together with
reasonable attorneys fees and costs.".
Page 7-line 14 Delete "and" insert ","; after "through" insert "40-4-113, 40-4-114(c) through (g) and 40-4-115 through". BROWN, VICE CHAIRMAN
SF0112HW004/ADOPTED (TO ENGROSSED COPY)
Delete the standing committee amendment (SF0112HS001/AE) entirely.
Delete the Zwonitzer, Dn committee of the whole amendment (SF0112HW001/AE) entirely.
Delete the Illoway committee of the whole amendment (SF0112HW002/AE) entirely.
Delete the Stubson committee of the whole amendment (SF0112HW003/AE) entirely.
Further amend as follows:
Page 1-line 8 Delete "by creating".
Page 1-line 9 Delete "a new paragraph (iv),".
Page 1-line 10 Delete "and (vi)" insert "through (vii)".
Page 1-line 11 Delete "(a) and"; delete "40-4-109,".
Page 1-line 12 After "(c)" insert "and 40-4-114(b)".
Page 2-lines 12 and 13 Delete.
Page 3-line 19 Delete "provided that the" insert ";".
Page 3-lines 20 through 22 Delete.
Page 3-after line 22 Insert:
"(vii) Prohibit any person, firm, corporation or other entity from offering a customer loyalty program.".
Page 4-lines 7 through 17 Delete.
Page 5-lines 7 through 20 Delete.
Page 6-line 13 Delete "provided the sum" insert ".".
Page 6-lines 14 and 15 Delete.
Page 6-line 18 Delete "or items no longer".
Page 6-line 19 Delete "in fashion".
Page 7-after line 11 Insert:
"40-4-114. Enjoining violations; recovery of damages.
(b) Any injured person, firm, private corporation or trade association
may maintain an action against the alleged violator
of W.S. 40-4-101(a)(i) 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 for violation of W.S. 40-4-101(a) against the alleged
violator to recover the actual damages sustained by the injured person together
with reasonable attorneys fees and costs.".
Page 7-line 14 Delete "and" insert ","; after "through" insert "40-4-113, 40-4-114(c) through (g) and 40-4-115 through". LUBNAU
2/27/2009 H Passed CoW
SF0112H2001/ADOPTED (TO ENGROSSED COPY)
Page 4-line 2 Delete "40-4-110" insert "40-4-105, 40-4-107, 40-4-109, 40-4-110 and 40-4-114". STUBSON, ILLOWAY
SF0112H2002/FAILED (TO ENGROSSED COPY)
Page 3-After line 22 In the Lubnau committee of the whole amendment (SF0112HW004/AE) to this line after "program." insert "For purposes of this paragraph, "customer loyalty program" means a program offered by a retailer where in exchange for the purchase by a customer of a defined amount of merchandise the customer is entitled to a discount on a particular product, provided the total revenues of each retail outlet for the merchandise and discounted product taken together shall exceed their costs as defined in W.S. 40-4-107.". LUBNAU
3/2/2009 H Passed 2nd Reading
SF0112H3001/ADOPTED (TO ENGROSSED COPY)
Page 7-after line 11 In the Lubnau committee of the whole amendment (SF0112HW004/AE) to this line, delete "40-4-101(a)" and insert "this act". LUBNAU
3/3/2009 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Barbuto, Berger, Blake, Bonner, Brown, Byrd, Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Goggles, Hales, Hallinan, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Landon, Lockhart, Lubnau, Madden, McKim, Mercer, Meyer, Miller, Millin, Moniz, Patton, Pedersen, Petersen, Roscoe, Semlek, Simpson, Steward, Stubson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Brechtel, Buchanan, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery, Harshman, McOmie, Peasley, Philp, Quarberg, Shepperson, Teeters and Thompson
Ayes 45 Nays 15 Excused 0 Absent 0 Conflicts 0
3/3/2009 S Received for Concurrence
3/4/2009 S Did Not Concur
ROLL CALL
Ayes: Senator(s) Burns, Case, Coe, Dockstader, Geis, Hines, Jennings, Johnson, Larson, Sessions, Townsend and Von Flatern
Nays: Senator(s) Anderson, J., Bebout, Cooper, Decaria, Esquibel, F., Hastert, Hunnicutt, Landen, Martin, Massie, Meier, Nicholas, Perkins, Peterson, Schiffer, Scott and Vasey
Excused: Senator(s) Ross
Ayes 12 Nays 17 Excused 1 Absent 0 Conflicts 0
3/4/2009 S Appointed JCC01 Members
Senator(s) Scott, Esquibel, F., Townsend
3/4/2009 H Appointed JCC01 Members
Representative(s) Stubson, Gilmore, Lubnau
3/5/2009 S Adopted SF0112JC01
ROLL CALL
Ayes: Senator(s) Anderson, J., Burns, Coe, Cooper, Decaria, Dockstader, Esquibel, F., Geis, Hastert, Hines, Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Bebout, Case, Meier and Nicholas
Ayes 26 Nays 4 Excused 0 Absent 0 Conflicts 0
3/5/2009 S Adopts SF0112JC01 and Recedes from Nonconcurrence
SF0112JC01/A ADOPTED
Pursuant to Joint Rule 2-4, the Senate recedes from its nonconcurrence and adopts the following House amendments:
SF0112H2001/AE
SF0112H3001/AE
SF0112HW004/AE
SCOTT, ESQUIBEL, F., TOWNSEND, STUBSON, GILMORE, LUBNAU
3/5/2009 Assigned Number SEA No. 0088
3/5/2009 S President Signed SEA No. 0088
3/5/2009 H Speaker Signed SEA No. 0088
3/11/2009 Governor Signed SEA No. 0088
3/11/2009 Assigned Chapter Number
Chapter No. 0172 Session Laws of Wyoming 2009.