SB 382-1_ Filed 03/25/2013, 14:09
Your Committee on Judiciary , to which was referred Senate Bill 382 , has had
the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
SOURCE: Page 2, line 3; (13)AM038205.2. -->
Page 2, between lines 3 and 4, begin a new paragraph and insert:
" (c) This chapter does not apply to the exploitation of a senior
consumer in relation to securities fraud that is regulated by the
secretary of state's office. A senior consumer who is a victim of an
act that is:
(1) described in section 4(a) or 4(b) of this chapter; and
(2) related to the Indiana uniform securities act under
shall report the act to the secretary of state under IC 23-19. If the
secretary of state's office determines the person who committed the
act is not subject to the regulation of the secretary of state's office,
the secretary of state's office shall immediately refer the senior
consumer to the attorney general and the senior consumer may
pursue remedies available under this chapter.".
Page 2, line 7, delete "simply," and insert " simplify,".
Page 2, line 15, delete "concealment" and insert " omission".
Page 2, line 26, delete "he or she" and insert " the senior
Page 3, line 6, delete "he or she" and insert " the person".
Page 11, after line 37, begin a new paragraph and insert:
SOURCE: ; (13)AM038205.4. -->
"SECTION 4. [EFFECTIVE UPON PASSAGE] (a) The general
assembly urges the legislative council to assign to an interim or
statutory study committee, for study during the 2013 legislative
interim, the topic of a supplier discriminating against consumers
based on the price of promotion of goods to retailers by refusing to
sell to a retailer a good at the same price that the supplier sells the
good to any other retailer.
(b) If the topic described in subsection (a) is assigned to an
interim or statutory study committee under subsection (a), the
study committee shall:
(1) consider whether a supplier should be prohibited from
discriminating against consumers by charging retailers higher
prices based on the type of retailer or the demographic of the
(2) consider why suppliers refuse to sell value packaged goods
to certain retailers and sell only reduced sizes with higher per
ounce costs to certain retailers;
(3) consider why suppliers increase the price of goods to
consumers who shop at certain retailers even if the retailers
purchase identical volumes and are similarly situated as other
(4) consider why certain retailers may purchase goods in bulk
when the opportunity to do so is denied to other retailers that
may be buying the same or a larger amount of goods;
(5) recommend the appropriate remedy if a cause of action
(6) recommend whether the attorney general should be
involved in a cause of action if a cause of action exists under
(c) If the topic described in subsection (a) is assigned to an
interim or statutory study committee, the study committee shall
issue a final report to the legislative council containing the study
committee's findings and recommendations, including any
recommended legislation concerning the topic, not later than
November 1, 2013.
(d) This SECTION expires December 31, 2013.
SOURCE: ; (13)AM038205.5. -->
SECTION 5. An emergency is declared for this act.
(Reference is to SB 382 as reprinted February 19, 2013.)
and when so amended that said bill do pass.
AM038205/DI 69 2013