State Seal2 copy            Bill Number: H.B. 2145

            Petersen Floor Amendment

            Reference to: COMMERCE AND

PUBLIC SAFETY Committee amendment

            Amendment drafted by: Grant Hanna

 

 

FLOOR AMENDMENT EXPLANATION

 

1.    Removes the 24-hour duration requirement between execution of a contract and performance of services.

 

2.    Requires a written contract to contain form disclosure language.

 

3.    Makes technical and conforming changes.


 

Fifty-third Legislature                                                  Petersen

First Regular Session                                                   H.B. 2145

 

PETERSEN FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2145

(Reference to COMMERCE AND PUBLIC SAFETY Committee amendment)

 


Page 1, before line 1, insert:

"Page 1, line 11, strike "the"

Line 12, strike "services of" insert "household goods moving services provided by"; strike "to provide household goods moving"

Line 13, strike "services""

Line 9, strike "SHALL" insert "MUST"

Line 10, strike "ESTIMATE" insert "CONTRACT"

Line 13, strike "AT LEAST TWENTY-FOUR HOURS"

Line 18, strike "WRITTEN ESTIMATE" insert "CONTRACT"

Line 20, strike "PROPOSED"

Page 2, line 2, strike "ESTIMATE" insert "CONTRACT"

Line 11, strike "damages" insert "damage"

Strike lines 16 through 18

Line 19, after the comma strike remainder of line

Strike lines 20 through 22, insert "the household goods mover must also provide the consumer with a clear and conspicuous disclaimer with the following language: "by signing this disclaimer, i acknowledge that the household goods mover may refuse to unload and deliver my household goods until i have paid the total estimated price set forth in this contract.  i can cancel this contract at any time prior to the moving company providing services." the disclaimer must be signed by the household goods mover and the consumer.

3. the household goods mover must provide to the consumer a legible copy of the signed contract and the disclaimer before providing any household goods moving services."

Page 2, line 32, after "threatening" insert "to enforce a carrier's lien"

Page 3, line 8, after the comma insert "all of the following apply:

1."

Line 9, strike "written estimate" insert "contract"

Line 10, strike "44-1812" insert "44-1612"

Line 14, strike "b." insert "2."

Line 15, strike "written estimate" insert "contract, less any amounts previously collected from the consumer"

Line 17, strike "c." insert "3."

Line 20, strike "WRITTEN ESTIMATE" insert "contract"

Line 21, strike "d." insert "4."

Line 22, strike "written estimate" insert "contract pursuant to section 44-1612"

Reletter to conform

Line 26, strike "pursuant to this section"

Page 4, line 3, after the first "the" strike remainder of line

Line 4, strike "goods" insert "written contract is signed pursuant to section 44-1612"

Line 5, strike "written estimate" insert "contract"

Line 6, strike "inform" insert "obtain written acknowledgement from"

Line 8, after the period, insert "the household goods mover must also provide the consumer with a copy of the written acknowledgement of the fee before providing the service.

Line 11, strike "written"

Line 12, strike "estimate" insert "contract"; after "44-1612" insert ", but that is acknowledged under subsection d of this section"

Line 14, after the period insert "if the total amount collected by a household goods mover exceeds the amount prescribed by the contract as set forth in section 44-1612 and any acknowledged fees as set forth in subsection d of this section, the household goods mover shall refund the excess amount.  the requirement to refund the excess amount does not apply to any gratuity that may have been collected by the household goods mover."

Page 4, line 19, after "goods" strike remainder of line

Strike line 20, insert "mover is not eligible for the exemption set forth in section 44-1614."

Amend title to conform


 

 

WARREN PETERSEN

 

2145PETERSEN0923.docx

04/17/2017

09:23 AM

S: GH/jn