PRIOR PRINTER'S NOS. 2780, 2907 PRINTER'S NO. 3048
No. 2090 Session of 2003
INTRODUCED BY FICHTER, BUNT, BOYD, BROWNE, CRAHALLA, DeLUCA,
GEORGE, GODSHALL, HARHAI, HARRIS, HORSEY, KOTIK, LEACH, MANN,
PERZEL, REICHLEY, SATHER, SAYLOR, SEMMEL, J. TAYLOR, THOMAS,
TIGUE, WATSON, YOUNGBLOOD, DeWEESE AND DENLINGER,
OCTOBER 14, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 8, 2003
AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),
2 entitled "An act prohibiting unfair methods of competition
3 and unfair or deceptive acts or practices in the conduct of
4 any trade or commerce, giving the Attorney General and
5 District Attorneys certain powers and duties and providing
6 penalties," further providing for rescission of contracts; <--
7 AND PROVIDING FOR PROTECTION OF EMPLOYEES UNDER CERTAIN
8 CIRCUMSTANCES.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 7(j) of the act of December 17, 1968
12 (P.L.1224, No.387), known as the Unfair Trade Practices and
13 Consumer Protection Law, reenacted and amended November 24, 1976
14 (P.L.1166, No.260), is amended and the section is amended by
15 adding subsections to read:
16 Section 7. Contracts; Effect of Rescission.--* * *
17 [(j) Rights afforded under this section may be waived only
18 in circumstances where the goods or services are needed to meet
19 a bona fide immediate personal emergency of the buyer and the
1 buyer furnishes the seller with a separate dated and signed
2 personal statement in the buyer's handwriting describing the
3 situation requiring immediate remedy and expressly acknowledging
4 and waiving the right to cancel the sale within three business
5 days.]
6 (j.1) Where goods or services having a sale price of twenty-
7 five dollars ($25) or more are contracted to be sold to a buyer,
8 as a result of, or in connection with, a contact made by the
9 buyer to the seller, and the goods or services contracted for
10 are needed to remedy a bona fide emergency on the buyer's
11 RESIDENTIAL real property, the seller must furnish the buyer <--
12 with an emergency work authorization to immediately proceed with
13 the delivery of the goods or the performance of the services
14 necessary to remedy the bona fide emergency upon the waiver by
15 the buyer of the right to rescission provided in this section.
16 The emergency work authorization provided for in this section
17 shall be on a preprinted card at least four inches by six inches
18 in size and the writing thereon must be in at least ten point
19 bold face type in the following form:
20 Emergency Work Authorization
21 (Enter Date of Transaction)
22 You, the buyer, having initiated the contract for the
23 goods and services of (enter the name of the seller), the
24 seller, for the remediation of a bona fide emergency hereby
25 authorize the seller to immediately proceed with the delivery
26 of goods or the performance of services necessary to remedy
27 the bona fide emergency. By providing the seller with this
28 authorization, you agree to make full payment for the goods
29 or services provided and you agree not to exercise the rights
30 afforded you by the Unfair Trade Practices and Consumer
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1 Protection Law to cancel the contract within three business
2 days from the above date.
3 You, the buyer, attest that the attached is an accurate
4 description of the goods and services to be provided by the
5 seller for the remediation of the bona fide emergency:
6 ...........................
7 (Date)
8 ..............................
9 (Buyer's Signature)
10 (j.2) The seller shall provide the buyer with an estimate of
11 the total cost of the goods or services, in writing, including
12 any service call fee, prior to the delivery of the goods or the
13 performance of the services necessary to remedy a bona fide
14 emergency. If the cost of the goods or services will exceed the
15 estimated total cost, the seller must obtain written
16 authorization of the buyer to proceed further. NOTHING IN THIS <--
17 SUBSECTION SHALL PROHIBIT A SELLER CONTACTED BY A BUYER AS A
18 RESULT OF A BONA FIDE EMERGENCY ON THE BUYER'S RESIDENTIAL REAL
19 PROPERTY FROM TAKING ANY IMMEDIATE PRELIMINARY STEPS NECESSARY
20 TO REMEDY A CLEAR AND IMMEDIATE DANGER THAT MAY CAUSE DEATH OR
21 SERIOUS BODILY INJURY TO THE BUYER, THE SELLER OR OTHER PERSONS.
22 Nothing in this subsection shall be construed as prohibiting the
23 seller from charging the buyer a service call fee, in addition
24 to the estimated costs, for the purpose of determining the cause
25 of and the appropriate remedy of the bona fide emergency OR A <--
26 FEE FOR IMMEDIATE PRELIMINARY STEPS NECESSARY TO REMEDY A CLEAR
27 AND IMMEDIATE DANGER THAT MAY CAUSE DEATH OR SERIOUS BODILY
28 INJURY TO THE BUYER, THE SELLER OR OTHER PERSONS. The seller
29 shall immediately disclose whether a service call fee shall be
30 charged upon initiation by the buyer of a contract for goods or
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1 services for the remediation of a bona fide emergency.
2 * * *
3 (n) As used in this section, "bona fide emergency" means any
4 condition existing on the buyer's RESIDENTIAL real property <--
5 which renders, or has the capability to render, the RESIDENTIAL <--
6 real property uninhabitable. The term includes, but shall not be
7 limited to, conditions significantly affecting the heating
8 system, electrical system, plumbing system, ventilation system,
9 roof or outer walls of the real property. OUTER WALLS OF THE <--
10 RESIDENTIAL REAL PROPERTY.
11 (O) AS USED IN THIS SECTION, "IMMEDIATE PRELIMINARY STEPS"
12 MEANS ONLY THOSE STEPS NECESSARY TO ELIMINATE A CLEAR AND
13 IMMEDIATE DANGER THAT MAY CAUSE DEATH OR SERIOUS BODILY INJURY
14 TO THE BUYER, THE SELLER OR OTHER PERSONS. THE TERM INCLUDES,
15 BUT SHALL NOT BE LIMITED TO, TERMINATION OF THE CARRYING OF GAS,
16 OIL OR OIL PRODUCT, SEWAGE OR WATER THROUGH AN UNDERGROUND PIPE
17 OR THE CARRYING OF ELECTRIC OR COMMUNICATION SERVICE THROUGH AN
18 UNDERGROUND CONDUCTOR, PIPE OR STRUCTURE. THE TERM SHALL NOT BE
19 CONSTRUED AS INCLUDING ANY OTHER STEPS NECESSARY TO REPAIR AND
20 REMEDY THE BONA FIDE EMERGENCY.
21 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
22 SECTION 9.4. PROTECTION OF EMPLOYES.--NO PERSON MAY
23 DISCHARGE, THREATEN OR OTHERWISE DISCRIMINATE OR RETALIATE
24 AGAINST AN EMPLOYE REGARDING THE EMPLOYE'S COMPENSATION, TERMS,
25 CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE:
26 (1) THE EMPLOYE OR A PERSON ACTING ON BEHALF OF THE EMPLOYE
27 MAKES A GOOD FAITH REPORT OR IS ABOUT TO REPORT, VERBALLY OR IN
28 WRITING, TO THE EMPLOYER OR APPROPRIATE AUTHORITY A VIOLATION OF
29 THIS ACT.
30 (2) THE EMPLOYE IS REQUESTED BY AN APPROPRIATE AUTHORITY TO
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1 PARTICIPATE IN AN INVESTIGATION, HEARING OR INQUIRY HELD BY AN
2 APPROPRIATE AUTHORITY OR IN A COURT ACTION RELATING TO A
3 VIOLATION OF THIS ACT.
4 (B) THE PROVISIONS OF SECTIONS 4, 5, 6 AND 7 OF THE ACT OF
5 DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE
6 "WHISTLEBLOWER LAW," SHALL APPLY TO THIS SECTION.
7 Section 2 3. The amendment or addition of section 7(j), <--
8 (j.1) (j.2) and (n) of the act shall apply to contracts entered
9 into on or after the effective date of this act.
10 Section 3 4. This act shall take effect in 60 days. <--
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