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2019 SESSION
HB 2038 Extended service contract providers; bonding requirement, remedies, civil penalty.
Introduced by: Margaret B. Ransone | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Extended service contracts; bonding requirement; remedies; civil penalty. Eliminates the requirement that extended service contract providers file and maintain a bond or letter of credit with the Commissioner of the Department of Agriculture and Consumer Services (VDACS). The bill also (i) requires service contracts to include a disclosure advising a purchaser that he may file a complaint with VDACS if an obligor denies or does not honor a promise made in a contract within 60 days after a request; (ii) authorizes the Commissioner of VDACS, upon receiving a complaint regarding such a request, to investigate whether there has been an improper denial or failure of a purchaser's request and require the obligor to rectify or justify any improper denial or failure; and (iii) authorizes the Commissioner to (a) issue a cease and desist order; (b) deny, suspend, or revoke the obligor's registration; or (c) assess a civil penalty if the denial or failure is not rectified or sufficiently justified. The bill includes procedural provisions concerning the Commissioner's powers to deny, suspend, or revoke an obligor's registration. This bill is identical to SB 1188.
FULL TEXT
- 01/07/19 House: Prefiled and ordered printed; offered 01/09/19 19104036D pdf
- 01/18/19 House: Printed as engrossed 19104036D-E pdf | impact statement
- 02/19/19 House: Bill text as passed House and Senate (HB2038ER) pdf | impact statement
- 03/14/19 Governor: Acts of Assembly Chapter text (CHAP0396) pdf
AMENDMENTS
HISTORY
- 01/07/19 House: Prefiled and ordered printed; offered 01/09/19 19104036D
- 01/07/19 House: Referred to Committee on Commerce and Labor
- 01/15/19 House: Reported from Commerce and Labor with amendment (22-Y 0-N)
- 01/17/19 House: Read first time
- 01/18/19 House: Read second time
- 01/18/19 House: Committee amendment agreed to
- 01/18/19 House: Engrossed by House as amended HB2038E
- 01/18/19 House: Printed as engrossed 19104036D-E
- 01/21/19 House: Read third time and passed House BLOCK VOTE (97-Y 0-N)
- 01/21/19 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 01/22/19 Senate: Constitutional reading dispensed
- 01/22/19 Senate: Referred to Committee on Commerce and Labor
- 02/11/19 Senate: Reported from Commerce and Labor (13-Y 0-N)
- 02/13/19 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/14/19 Senate: Read third time
- 02/14/19 Senate: Passed Senate (40-Y 0-N)
- 02/19/19 House: Enrolled
- 02/19/19 House: Bill text as passed House and Senate (HB2038ER)
- 02/19/19 House: Signed by Speaker
- 02/20/19 Senate: Signed by President
- 02/21/19 House: Enrolled Bill communicated to Governor on February 21, 2019
- 02/21/19 Governor: Governor's Action Deadline Midnight, March 26, 2019
- 03/14/19 Governor: Approved by Governor-Chapter 396 (effective 7/1/19)
- 03/14/19 Governor: Acts of Assembly Chapter text (CHAP0396)