Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 207 Third Substitute (2021GS)

Sponsor

Sen. Riebe, K.

Final action

Senate/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• prohibits a business that provides certain cleanup services from charging a vulnerable consumer an unconscionable price for a good or service;
• empowers the Division of Consumer Protection to enforce the provisions of this bill;
• directs money received from fines and judgments to be deposited into the Governor's Suicide Prevention Fund; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CONSUMER PROTECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kathleen A. Riebe
House Sponsor: 
 Andrew Stoddard
LONG TITLE
General Description:
This bill modifies the Price Controls During Emergencies Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits a business that provides certain cleanup services from charging a
vulnerable consumer an unconscionable price for a good or service;
▸ empowers the Division of Consumer Protection to enforce the provisions of this
bill;
▸ directs money received from fines and judgments to be deposited into the
Governor's Suicide Prevention Fund; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-1
, as last amended by Laws of Utah 2020, Chapter 118
13-41-101
, as enacted by Laws of Utah 2005, Chapter 306
13-41-102
, as last amended by Laws of Utah 2013, Chapter 295
13-41-202
, as last amended by Laws of Utah 2006, Chapter 153
62A-15-1103
, as enacted by Laws of Utah 2018, Chapter 414
ENACTS:
13-41-301
, Utah Code Annotated 1953
13-41-302
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-2-1
 is amended to read:
13-2-1.
Consumer protection division established -- Functions.
(1) There is established within the Department of Commerce the Division of Consumer
Protection.
(2) The division shall administer and enforce the following:
(a) Chapter 5, Unfair Practices Act;
(b) Chapter 10a, Music Licensing Practices Act;
(c) Chapter 11, Utah Consumer Sales Practices Act;
(d) Chapter 15, Business Opportunity Disclosure Act;
(e) Chapter 20, New Motor Vehicle Warranties Act;
(f) Chapter 21, Credit Services Organizations Act;
(g) Chapter 22, Charitable Solicitations Act;
(h) Chapter 23, Health Spa Services Protection Act;
(i) Chapter 25a, Telephone and Facsimile Solicitation Act;
(j) Chapter 26, Telephone Fraud Prevention Act;
(k) Chapter 28, Prize Notices Regulation Act;
(l) Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act;
(m) Chapter 34, Utah Postsecondary Proprietary School Act;
(n) Chapter 34a, Utah Postsecondary School State Authorization Act;
(o) Chapter 39, Child Protection Registry;
(p) Chapter 41, Price Controls [
During Emergencies
] Act;
(q) Chapter 42, Uniform Debt-Management Services Act;
(r) Chapter 49, Immigration Consultants Registration Act;
(s) Chapter 51, Transportation Network Company Registration Act;
(t) Chapter 52, Residential Solar Energy Disclosure Act;
(u) Chapter 53, Residential, Vocational and Life Skills Program Act;
(v) Chapter 54, Ticket Website Sales Act;
(w) Chapter 56, Ticket 
Transferability Act; and
(x) Chapter 57, Maintenance Funding Practices Act.
Section 2. Section 
13-41-101
 is amended to read:
CHAPTER 41. PRICE CONTROLS ACT
13-41-101.
Title.
This chapter is known as the "Price Controls [
During Emergencies
] Act."
Section 3. Section 
13-41-102
 is amended to read:
13-41-102.
Definitions.
For purposes of this chapter:
(1) "Consumer" means a person who acquires a good or service for consumption.
(2) "Division" means the Division of Consumer Protection.
(3) (a) "Emergency territory" means the geographical area:
(i) for which there has been a state of emergency declared; and
(ii) that is directly affected by the events giving rise to a state of emergency.
(b) "Emergency territory" does not include a geographical area that is affected by the
events giving rise to a state of emergency only by economic market forces.
(4) "Excessive price" means a price for a good or service that exceeds by more than
10% the average price charged by that person for that good or service in the 30-day period
immediately preceding the day on which the state of emergency is declared.
(5) "Good" means any personal property displayed, held, or offered for sale by a
merchant that is necessary for consumption or use as a direct result of events giving rise to a
state of emergency.
(6) "Retail" means the level of distribution where a good or service is typically sold
directly, or otherwise provided, to a member of the public who is an end user and does not
resell the good or service.
(7) "Service" means any activity that is performed in whole or in part for the purpose of
financial gain including personal service, professional service, rental, leasing, or licensing for
use that is necessary for consumption or use as a direct result of events giving rise to a state of
emergency.
(8) "State of emergency" means a declaration of:
(a) an emergency or major disaster by the president of the United States of America; or
(b) a state of emergency by the governor under Section 
53-2a-206
.
(9) "Unconscionable price" means a price of a good or service that is substantially
above the average price at which the good or service is readily obtainable by other consumers
in the trade area.
(10) "Vulnerable consumer" means a consumer whose need for an emergency, disaster,
or death cleanup service puts the consumer in a vulnerable state.
Section 4. Section 
13-41-202
 is amended to read:
Part 2. Excessive Prices During Emergencies Prohibited
13-41-202.
Enforcement -- Penalty.
(1) The division shall enforce this [
chapter
] 
part
.
(2) In determining whether to impose penalties against a person who violates [
this
chapter
] 
Section 
13-41-201
, the division shall consider:
(a) the person's cost of doing business not accounted for in the cost to the person of the
good or service, including costs associated with a decrease in the supply available to a person
who relies on a high volume of sales;
(b) the person's efforts to comply with [
this chapter
] 
Section 
13-41-201
;
(c) whether the average price charged by the person during the 30-day period
immediately preceding the day on which the state of emergency is declared is artificially
deflated because the good or service was on sale for a lower price than the person customarily
charges for the good or service; and
(d) any other factor that the division considers appropriate.
(3) (a) If the division finds that a person has violated, or is violating, [
this chapter
]
Section 
13-41-201
, the division may:
(i) issue a cease and desist order; and
(ii) subject to Subsection (3)(b), impose an administrative fine of up to $1,000 for each
violation of [
this chapter
] 
Section 
13-41-201
.
(b) Each instance of charging an excessive price under Section 
13-41-201
 constitutes a
separate violation, but in no case shall the administrative fine imposed under Subsection (3)(a)
exceed $10,000 per day.
(4) The division may sue in a court of competent jurisdiction to enforce an order under
Subsection (3).
(5) In a suit brought under Subsection [
(3)
] 
(4)
, if the division prevails, the court may
award the division:
(a) court costs;
(b) attorney fees; and
(c) the division's costs incurred in the investigation of the violation of [
this chapter
]
Section 
13-41-201
.
(6) All money received through an administrative fine imposed, or judgment obtained,
under this section shall be deposited [
in
] 
into
 the Consumer Protection Education and Training
Fund created by Section 
13-2-8
.
Section 5. Section 
13-41-301
 is enacted to read:
Part 3. Unconscionable Price for Cleanup Services Prohibited
 13-41-301.
Unconscionable price for cleanup services prohibited.
(1) A person who provides emergency, disaster, or death scene cleanup services to a
vulnerable consumer may not charge the vulnerable consumer an unconscionable price for a
good or service used in the person's emergency, disaster, or death scene cleanup services.
(2) A price is not an unconscionable price if the seller demonstrates that the price is
directly related to an increase in the person's cost of providing the emergency, disaster, or death
cleanup service, including:
(a) additional costs imposed by one or more of the seller's suppliers;
(b) other direct costs of providing the good or service; or
(c) increased costs due to normal fluctuations in an applicable market.
Section 6. Section 
13-41-302
 is enacted to read:
 13-41-302.
Enforcement -- Penalty.
(1) The division shall enforce this part.
(2) (a) If the division finds that a person has violated, or is violating, Section
13-41-301
, the division may:
(i) issue a cease and desist order; and
(ii) impose an administrative fine of up to $10,000 for each violation of Section
13-41-301
.
(b) Each instance of charging an excessive price under Section 
13-41-301
 is a separate
violation.
(3) The division may sue in a court of competent jurisdiction to enforce an order under
Subsection (2).
(4) If the division prevails in a suit brought under Subsection (3), the court may award
the division:
(a) court costs;
(b) attorney fees; and
(c) the division's costs incurred in investigating the violation of Section 
13-41-301
.
(5) All money received through an administrative fine imposed, or judgment obtained,
under this section shall be deposited into the Governor's Suicide Prevention Fund created in
Section 
62A-15-1103
.
Section 7. Section 
62A-15-1103
 is amended to read:
62A-15-1103.
Governor's Suicide Prevention Fund.
(1) There is created an expendable special revenue fund known as the Governor's
Suicide Prevention Fund.
(2) The fund shall consist of
:
(a)
 gifts, grants, and bequests of real property or personal property made to the fund[
.
]
;
and
(b) contributions deposited into the fund in accordance with Section 
13-41-302
.
(3) A donor to the fund may designate a specific purpose for the use of the donor's
donation, if the designated purpose is described in Subsection (4) or 
62A-15-1101
(3).
(4) Subject to Subsection (3), money in the fund shall be used for the following
activities:
(a) efforts to directly improve mental health crisis response;
(b) efforts that directly reduce risk factors associated with suicide; and
(c) efforts that directly enhance known protective factors associated with suicide
reduction.
(5) The division shall establish a grant application and review process for the
expenditure of money from the fund.
(6) The grant application and review process shall describe:
(a) requirements to complete a grant application;
(b) requirements to receive funding;
(c) criteria for the approval of a grant application;
(d) standards for evaluating the effectiveness of a project proposed in a grant
application; and
(e) support offered by the division to complete a grant application.
(7) The division shall:
(a) review a grant application for completeness;
(b) make a recommendation to the governor or the governor's designee regarding a
grant application;
(c) send a grant application to the governor or the governor's designee for evaluation
and approval or rejection;
(d) inform a grant applicant of the governor or the governor's designee's determination
regarding the grant application; and
(e) direct the fund administrator to release funding for grant applications approved by
the governor or the governor's designee.
(8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
State Money Management Act, except that all interest or other earnings derived from money in
the fund shall be deposited into the fund.
(9) Money in the fund may not be used for the Office of the Governor's administrative
expenses that are normally provided for by legislative appropriation.
(10) The governor or the governor's designee may authorize the expenditure of fund
money in accordance with this section.
(11) The governor shall make an annual report to the Legislature regarding the status of
the fund, including a report on the contributions received, expenditures made, and programs
and services funded.