FORTY-NINTH LEGISLATURE

FIRST SESSION, 2009

February 25, 2009

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 660

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 3, lines 6 through 8, strike Subsection F in its entirety and insert in lieu thereof:

          "F. A violation of the provisions of this section may be treated as:

                (1) a misdemeanor;

                (2) the subject of an attorney general's petition to the court for an injunction or to recover on behalf of the state a civil penalty not exceeding five thousand dollars ($5,000) per violation if the attorney general believes that a person has willfully violated the provisions of this section; or

                (3) the subject of a private right of action by a person who suffers injury or damages by reason of conduct declared in violation of the provisions of this section. Upon a showing that this section was violated, the court may award damages, order injunctive relief and may award the cost of the lawsuit, including reasonable attorney fees."".