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H.B. No. 0295 |
Unfair purchasing. |
Sponsored
By: Representative(s)
Nicholas, Anderson, R., Morgan, Prosser and Walsh and Senator(s) Cathcart
AN ACT relating to business practices; prohibiting business
practices as specified; providing a remedy; providing a statute of limitations;
providing tolling in certain circumstances; and providing for an effective
date.
1/31/2003 Bill Number
Assigned
2/3/2003 H Received
for Introduction
2/3/2003 H
Introduced and Referred to H09
2/5/2003 H09
Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Cooper, Esquibel, Illoway,
Latta, Law, Meyer, Miller, D. and Walsh
Nays: Representative(s) Childers
Ayes 8 Nays 1 Excused 0 Absent 0
Conflicts 0
2/5/2003 H Placed on
General File
2/10/2003 H Passed
CoW
2/11/2003 H Laid Back
Pursuant to HR 9-3
2/12/2003 H
Amendments Considered
HB0295H2001/A ADOPTED
Page 1-line 8 After
"W.S." delete the balance of the line and insert "40-4-101 by
creating a new subsection (b) and by amending and renumbering (b) as (c) and
renumbering (c) as (d) and 40-4-114(a) and by creating a new subsection (e) are
amended to read:".
Page 1-lines 10
through 16 Delete.
Page 2-lines 1
through 23 Delete.
Page 3-lines 1
and 2 Delete.
Page 3-After
line 2 Insert:
"40-4-101. Unfair discrimination; penalty; exceptions.
(b) Any person,
firm or corporation, foreign or domestic, doing business in the state of
Wyoming and engaged in the purchase of any commodity in general use, shall not
make, enter into, form or become a party to any plan, agreement, consolidation
or combination of any kind whatsoever to prevent or destroy competition, to
control or influence production or prices thereof or gain unjust and
unreasonable profits.
(b) (c) Any person, firm or corporation violating
subsection (a) or (b) of this section is guilty of unfair
discrimination.
(c) (d) This chapter shall not:
(i) Apply to any case where
by reason of different railroad rates or other natural things in favor of any
manufacturer or dealer of goods of this or another state, the manufacturer or
dealer sells at a different price than he does to another in order to meet the
competitive dealer;
(ii) Apply to any case where
any manufacturer of or dealer in goods manufactured or produced in this state
sells products in one (1) place cheaper than in another to meet upon the same
or more favorable basis any competition from foreign states or this state;
(iii) Prevent the sale of
goods at proper commercial discounts customary in the sale of such particular
goods;
(iv) Prohibit cooperative
agreements for antitrust exceptions approved and operating pursuant to W.S.
35-24-101 through 35-24-116.
40-4-114. Enjoining
violations of W.S. 40-4-106 through 40-4-116; recovery of damages; liability of
directors, officers and agents; requiring testimony and production of books and
records.
(a) Any person, firm, private
corporation or trade association, injured directly or indirectly, may
maintain an action to enjoin a continuance of any act or acts in violation of
this act and, if injured thereby, for the recovery of three (3) times the actual damages of and sustained,
together with costs and disbursements, including reasonable attorneys' fees
from the defendants named in the action.
In any subsequent action, the court may take any steps necessary to
avoid duplicative recovery against a defendant.
(e)
A civil action for damages or recovery of payments under W.S.
40-4-101(b) is barred unless commenced within six (6) years after the cause of
action accrued. When, in a civil class action, a class or subclass is
decertified or a class or subclass certification is denied, the statute of
limitations provided in this subsection is tolled as to those persons alleged
to be members of the class or subclass for the period from the filing of the
complaint first alleging the class or subclass until the decertification or denial.". NICHOLAS
2/12/2003 H Passed
2nd Reading
2/13/2003 H Passed
3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee,
Cooper, Diercks, Edwards, Esquibel, Gentile, Hageman, Harshman, Harvey,
Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen,
Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer,
Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers,
Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton,
Walsh, Warren, Wasserburger and Wostenberg.
Nays: Representative(s) Gilmore
Ayes 59 Nays 1 Excused 0 Absent 0
Conflicts 0
2/14/2003 S Received
for Introduction
2/18/2003 S
Introduced and Referred to S09
2/24/2003 S09
Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Coe, Decaria and Mockler
Nays: Senator(s) Barrasso and Hawks
Ayes 3 Nays 2 Excused 0 Absent 0
Conflicts 0
2/24/2003 S Placed on
General File
3/5/2003 Died on
General File