First Regular Session H.B. 2145
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2145
(Reference to House engrossed bill)
Page 1, line 21, after the comma insert "delivering,"
Between lines 29 and 30, insert:
"7. "Moving destination" means the location that the consumer specifies is where the household goods shall be delivered and unloaded."
Renumber to conform
Between lines 30 and 31, insert:
"44-1612. Exemption qualifications
A. To qualify for the exemption set forth in section 44‑1614, A household goods mover shall:
1. provide to the consumer a written estimate that meets all of the following requirements:
(a) Is signed and dated, through electronic means or otherwise, by the consumer and household goods mover at least twenty-four hours before the household goods mover provides any household goods moving services or takes possession of any household goods.
(b) Includes:
(i) The name, telephone number and physical address of the household goods mover that issues the written estimate and that provides the household goods moving services.
(ii) The proposed date and time of the scheduled household goods moving services.
(iii) The name, address and telephone number of the consumer, the address of where the household goods that need to be moved are located and the address of the moving destination.
(iv) A detailed list of household goods moving services to be provided under the estimate and any other fees that the consumer may be required to pay.
(v) A list of any terms and conditions for payment of the total charges, including a notice of any minimum charges.
(vi) A list of acceptable methods of payment for the household goods moving services.
(vii) A statement as to whether a household goods mover will reimburse consumers for any loss or damage incurred during the move and, if applicable, an explanation of how the household goods mover will reimburse consumers for loss or damages and the process consumers must follow to obtain a reimbursement.
(viii) The total estimated price, including all anticipated fees and charges, based on the specific circumstances of the services to be performed.
(ix) A Notice that the household goods mover may refuse to deliver and unload the household goods until the consumer has paid the total amount of the written estimate.
2. Before providing any household goods moving services, sign a contract that includes the written estimate. The consumer shall also sign the contract. The household goods mover shall provide to the consumer a legible copy of the signed contract.
B. The consumer may cancel the contract at any point before the household goods mover provides any household goods moving services. The notice of cancellation does not need to be in any particular form and is effective if it indicates the intention of the consumer not to be bound by the contract."
Page 1, line 31, strike "44‑1612" insert "44‑1613"
Line 32, after "A." insert "Except as provided in section 44‑1614,"
Line 36, after the period insert "For the purposes of this subsection, a written estimate or contract that includes disclosure of a carrier's lien does not constitute threatening."
Page 1, line 40, after "which" insert "the referenced insurance and"; after "damage" strike remainder of line
Strike line 41, insert "incurred during household goods moving services."
Page 2, after line 7, insert:
"44-1614. Delivery and unloading of household goods; exemption
A. If a household goods mover complies with section 44‑1612 and the household goods mover has transported the household goods to the moving destination, the household goods mover may require the consumer to tender the total estimated price set forth in the written estimate pursuant to section 44‑1812 before delivering and unloading the household goods, except that on a consumer's request a household goods mover may not refuse or charge additional fees to deliver and unload medicine or medical devices or items used to treat or assist an individual with a disability.
B. On the consumer's tender of payment of the total estimated price set forth in the written estimate, the household goods mover must deliver and unload household goods at the moving destination.
C. A household goods mover may not refuse to deliver and unload household goods to a consumer at the moving destination based on the household goods mover's refusal or inability to accept a method of payment listed in the written estimate pursuant to section 44‑1612.
D. If a consumer does not tender the total estimated price set forth in the written estimate, the household goods mover may refuse to deliver and unload the household goods until the consumer tenders payment of the total estimated price.
E. If a household goods mover refuses to deliver and unload household goods pursuant to this section, the household goods mover must use reasonable care to safeguard, preserve and protect the household goods until the household goods are properly delivered and unloaded at the moving destination.
F. If a household goods mover unlawfully fails to deliver and unload household goods, a peace officer may take custody of the household goods or direct the household goods mover to deliver and unload the household goods to the consumer.
G. After the household goods mover has started to load the household goods, if the consumer makes any request for an additional service not reflected in the written estimate prescribed by section 44-1612, the household goods mover must inform the consumer of the fee the consumer should expect to pay for the service requested before the household goods mover provides the service.
H. After delivering and unloading the household goods at the moving destination, a household goods mover may present an invoice for any remaining charges for additional services not reflected in the written estimate prescribed by section 44-1612. To secure payment for any additional services provided, a household goods mover may not refuse to deliver and unload household goods at the moving destination.
44-1615. Waiver prohibited; failure to comply with article
A. The requirements and rights set forth in this article may not be waived.
B. If a household goods mover fails to comply with any requirements prescribed in this article, the household goods moving services remain subject to section 44-1613, subsection A.
44-1616. Lawful collection of monies
Notwithstanding any provision of this article, a household goods mover is entitled to pursue any lawful means to collect an amount properly due from a consumer after the household goods mover has finished delivering and unloading the household goods at the moving destination."
Amend title to conform