98RS HB200


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HB 200 (BR 996) - M. Long

     AN ACT relating to consumer protection.
     Amend 367.990 to permit the court to impose a fine of up to $10,000 when the defendant willfully commits an unfair trade practice against a person 60 or older if one of the following occurs: the defendant knows the proscribed conduct is directed at the elderly; the conduct results in substantial loss to the elderly; or the elderly may be substantially more vulnerable than other people because of his or her age, sickness, impaired understanding, restricted ability, or disability and suffers damages because of the defendant's conduct.


     HCS - Delete provision relating to defrauding elderly who are not of sound mind or body, retain provisions for defrauding elderly in general.
     HFA (1, B. Yonts) - Add a provision clarifying that the penalties for improper solicitation of the elderly do not apply to situations in which elderly persons initiate contact in the normal course of business and social activities.
     SCS - Retain original penalty provision of the Act; stipulate penalty applies in instances when defendant knew victim is substantially more vulnerable than other members of the public rather than setting forth specific conditions for application of penalty.

     Jan 8-introduced in House
     Jan 9-to Judiciary (H)
     Feb 19-posted in committee
     Feb 20-floor amendment (1) filed
     Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 6-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for March 9, 1998
     Mar 12-3rd reading, passed 95-0 with Committee Substitute
     Mar 13-received in Senate
     Mar 16-to Judiciary (S)
     Mar 23-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 24-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for March 25, 1998
     Mar 25-3rd reading, passed 37-0 with Committee Substitute
     Mar 26-received in House; posted for passage for concurrence in Senate amendment
     Mar 31-House concurred in Senate Committee Substitute; passed 95-0
     Apr 1-enrolled, signed by each presiding officer, delivered to Governor
     Apr 10-signed by Governor

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