Bill Number: H.B. 2396

                                                                                                          Shooter Floor Amendment

                                                                                         Reference to: House engrossed bill

                                                                                        Amendment drafted by: Leg Council

 

 

FLOOR AMENDMENT EXPLANATION

 

  1. Clarifies that a court-ordered fund for restitution, court costs or attorney fees may be created without prior legislative authorization.

 

  1. Narrows the definition of "restitution" to monies intended to compensate specific, identifiable persons (including the state) for economic loss, with respect to the fiscal accounting for settlement monies.

 

  1. Amends the scope of unlawful consumer fraud practices statute to include an "unfair" act or practice.  This tracks the standard applicable in federal law and in most other states.

 

  1. Clarifies that the Attorney General may seek, and the court may order, that ill-gotten profits, gain, gross receipts or other benefits be paid to the state in consumer fraud actions.

 

Fifty-first Legislature                                                   Shooter

First Regular Session                                                   H.B. 2396

 

SHOOTER FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2396

(Reference to House engrossed bill)

 

Page 2, line 19, after the second "FUND" insert "consisting of monies other than monies received for restitution, costs or attorney fees"

Line 20, after the period insert "For the purposes of this subsection, "restitution" means monies intended to compensate a specific, identifiable person, including this state, for economic loss."

Page 8, line 24, after the period insert "For the purposes of this subsection, "restitution" means monies intended to compensate a specific, identifiable person, including this state, for economic loss.

Sec. 4. Section 44-1522, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1522.  Unlawful practices; intended interpretation of provisions

A.  The act, use or employment by any person of any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely upon on such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.

B.  The violation of chapter 9, article 16 or chapter 19, article 1 of this title is declared to be an unlawful practice and subject to enforcement under this article.

C.  It is the intent of the legislature, in construing subsection A, that the courts may use as a guide interpretations given by the federal trade commission and the federal courts to 15 United States Code sections 45, 52 and 55(a)(1)." END_STATUTE

Renumber to conform

Page 8, Between lines 40 and 41, insert:

"3.  Require that any profits, gain, gross receipts or other benefit obtained by means of any practice in this article declared to be unlawful be disgorged and paid to the state for deposit in the consumer remediation subaccount of the consumer restitution and remediation revolving fund established by section 44-1531.02."

Renumber to conform

Page 10, line 15, strike "BENEFIT" insert "purpose"; after "OF" insert "compensating"; strike "for" insert ", including this state, for economic loss resulting from"

Line 20, strike "IDENTIFIABLE,"; after "specific" insert ", identifiable"

Amend title to conform

 

 

 

 

2396shooterfloor.doc

04/8/2013

2:03 PM

C: meb

 

4/11/13

10:25 AM

S: RC/tf