Amendment AA1-AB594

LRBa1246/2

MDK:cjs:rs

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2005 ASSEMBLY BILL 594

November 9, 2005 - Offered by Representative Hundertmark.

AB594-AA1,1,1 At the locations indicated, amend the bill as follows:

AB594-AA1,1,2 1. Page 1, line 4: after "leases" insert "and providing a penalty".

AB594-AA1,1,3 2. Page 3, line 6: after "gives" insert ", by mail,".

AB594-AA1,1,6 3. Page 3, line 22: delete that line and substitute "notice, except that if the customer has a right to cure under s. 425.105, the information required under par. (a) shall be combined with the notice of right to cure under s. 425.104.".

AB594-AA1,1,7 4. Page 3, line 22: after that line insert:

AB594-AA1,1,12 "(c) A merchant is presumed to have given notice under par. (a) if the merchant sent the notice by certified or registered mail. A merchant who fails to give notice under par. (a) by certified or registered mail is subject to the penalties specified in s. 425.302 (1), but such failure does not constitute a failure to comply with s. 425.206 (1) (d).".

AB594-AA1,2,1 5. Page 4, line 13: after that line insert:

AB594-AA1,2,2 " Section 7m. 425.2065 of the statutes is created to read:

AB594-AA1,2,7 425.2065 Notice to law enforcement. (1) In this section, "law enforcement agency" means the police department, combined protective services department under s. 61.66, or sheriff, that has primary responsibility for providing police protection services in the city, village, or town in which a repossession is expected to occur.

AB594-AA1,2,15 (2) A merchant who repossesses collateral or goods subject to a consumer lease under s. 425.206 (1) (d), or a person who repossess the collateral or goods on behalf of the merchant, shall notify, verbally or in writing, the law enforcement agency about the repossession. The notification shall include the names of the customer, merchant, and, if applicable, the person who repossesses the collateral or goods on behalf of the merchant. The notification shall also include a description of the collateral or goods. Notification under this subsection shall be made before, or no later than one hour after, the repossession occurs.

AB594-AA1,2,17 (3) Failure to comply with this subsection does not constitute a failure to comply with s. 425.206 (1) (d).".

AB594-AA1,2,18 6. Page 5, line 14: after that line insert:

AB594-AA1,2,20 " Section 8g. 425.401 of the statutes is renumbered 425.401 (1) and amended to read:

AB594-AA1,2,23 425.401 (1) A Except as provided in sub. (2), a person who willfully and knowingly engages in any conduct or practice in violation of chs. 421 to 427 may be fined not more than $2,000.

AB594-AA1, s. 8r Section 8r. 425.401 (2) of the statutes is created to read:

AB594-AA1,3,2 425.401 (2) A person who intentionally violates s. 425.2065 (2) may be fined not more than $500.".

AB594-AA1,3,3 (End)