Amendment AA1-SB9

LRBa0588/1

PJD:kmg:jf

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2001 SENATE BILL 9

June 12, 2001 - Offered by Representative Cullen.

SB9-AA1,1,2 At the locations indicated, amend the bill , as shown by senate substitute amendment 1, as follows:

SB9-AA1,1,3 1. Page 178, line 1: delete "and (4)" and substitute ", (4), and (6)".

SB9-AA1,1,4 2. Page 178, line 20: after that line insert:

SB9-AA1,1,8 "(5) Statutory damages: noncompliance with specified provisions. In addition to any damages recoverable under sub. (2), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover $500 in each case from a person that:

SB9-AA1,1,9 (a) Fails to comply with s. 409.208;

SB9-AA1,1,10 (b) Fails to comply with s. 409.209;

SB9-AA1,1,11 (c) Files a record that the person is not entitled to file under s. 409.509 (1);

SB9-AA1,1,13 (d) Fails to cause the secured party of record to file or send a termination statement as required by s. 409.513 (1) or (3);

SB9-AA1,2,2 (e) Fails to comply with s. 409.616 (2) (a) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or

SB9-AA1,2,3 (f) Fails to comply with s. 409.616 (2) (b).

SB9-AA1,2,10 (6) Statutory damages: noncompliance with s. 409.210. A debtor or consumer obligor may recover damages under sub. (2) and, in addition, $500 in each case from a person that, without reasonable cause, fails to comply with a request under s. 409.210. A recipient of a request under s. 409.210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.".

SB9-AA1,2,11 (End)