Rep. Greg Steuerwald

Provides, with certain exceptions, that suppliers in transactions with retailers for the sale of nonalcoholic packaged beverages (beverages) may not: (1) charge retailers different prices at the same time for beverages; and (2) offer a discount price to a retailer that has not been published on a monthly deal sheet distributed to all retailers. Provides that a supplier may charge a retailer a different price not published on the monthly deal sheet if: (1) the discount is a volume based discount of not more than one semitrailer load delivered to a single location of the retailer per stock keeping unit of the beverage; (2) the supplier charges a retailer a higher price for the beverages based only on a greater cost to the supplier to deliver the beverages to the retailer; or (3) the supplier charges a different price for the beverages in response to changing conditions affecting the market for or marketability of the beverage. Provides that a supplier who fails to comply commits an unconscionable act that is treated the same as a deceptive act under the deceptive consumer sales law. Provides that the consumer protection division of the office of the attorney general (division) may prosecute complaints of retailers against suppliers. Provides that certain deceptive consumer sales provisions do not apply to the unconscionable act. Provides that if the division files an action to enjoin the unconscionable act, the division may be awarded a civil penalty equal to two times the amount of the difference between the higher price at which the beverages were sold to a retailer and the lower price at which the beverages were sold to another retailer. Provides that a retailer may receive an award equal to two times the difference between the higher price at which the beverages were sold to the retailer and the lower price at which the beverages were sold to another retailer, plus attorney's fees. Makes technical corrections.

Provides that, in a civil action where punitive damages are awarded, 25% of the punitive damages awarded will go to the violent crime victims compensation fund and 75% of the punitive damages awarded will be paid to the person to whom the punitive damages were awarded. (Current law mandates that 25% of punitive damages awarded are paid to the person to whom the punitive damages were awarded and 75% of punitive damages go to the violent crime victims compensation fund.) Provides that certain limitations on punitive damages do not apply to civil actions where the defendant has been charged with committing an act of sexual misconduct and the act of sexual misconduct gives rise to the civil action. Raises the cap on punitive damages for such claims to $250,000. Provides that the exception to the punitive damages law does not apply to a cause of action brought against an employer whose liability is based solely on the doctrine of respondeat superior.

Provides that an operator of a boat who is involved in an accident or collision resulting in injury to or death of a person or damage to a boat or other property (operator) shall: (1) if it can be done without endangering a person, stop the boat immediately and as close as possible to the scene of the accident; and (2) if it can be done without endangering a person, return to the scene of the accident and remain there until the operator has complied with the statutory requirements concerning watercraft accidents. Specifies that the operator shall notify emergency services in addition to providing reasonable assistance to each person injured. Requires that an operator make a reasonable and good faith effort to assist a person injured in a collision. Provides, however, that an operator is not required to perform an act that would endanger a person.