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Senate expands rules and enforcement authority for Consumer Protection Division; bill passes
Summary
SB82 passed the Senate after lawmakers voted to give the Consumer Protection Division greater rulemaking and citation authority and to criminalize willful failure to comply with a cease-and-desist order.
Senate Bill 82, which amends the enabling statute for the state’s Consumer Protection Division, cleared the Senate on Jan. 31 after a floor explanation and questions about enforcement and procedural safeguards.
Sponsor Senator David Watson described the bill as giving the division more administrative authority to address unfair business practices, telephone and mail solicitations and other consumer fraud mechanisms. The measure clarifies citation procedures, allows the division to adopt rules for enforcement activities, and includes a criminal sanction for willful violations of a cease-and-desist order—at which point the matter would be turned over to the attorney general.
Senator Oakey asked about service and practical procedures for escalating enforcement; Watson responded that the initial citation process can be served by mail but that a cease-and-desist order that could trigger criminal sanctions must be personally served. "Only then can you actually go after them for a criminal violation," Watson said, explaining that the attorney general would handle prosecutions.
The Senate called the question and recorded SB82 as passing on third reading (29 ayes, no nays). Sponsors noted some internal checks to avoid overreach, and senators discussed concerns about possible misuse of administrative citation authority and government-immunity questions for those facing enforcement actions.
The bill will proceed with placement on the third-reading calendar for final consideration and whatever administrative steps the division requires to issue rules and citations.
