Text: H05738 Text: H05740 Text: H05700 - H05799 Text: H Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
-->
PAG LIN
1 1 Amend the amendment, H-5705, to Senate File 2147,
1 2 as passed by the Senate, as follows:
1 3 #1. Page 3, by inserting after line 39 the
1 4 following:
1 5 "Sec. . NEW SECTION. 8D.20 CIVIL PENALTIES
1 6 ESTABLISHED BY COMMISSION FOR UNAUTHORIZED USE.
1 7 1. The commission shall establish, by rule, a
1 8 schedule or range of civil penalties which may be
1 9 administratively assessed for the unauthorized use of
1 10 the network. The schedule shall provide procedures
1 11 and criteria for the administrative assessment of
1 12 penalties of not more than ten thousand dollars for a
1 13 violation of chapter 8D or rules adopted under chapter
1 14 8D related to the unauthorized use of the network.
1 15 The penalties shall be applicable to both authorized
1 16 and unauthorized users. In adopting a schedule or
1 17 range of penalties and in proposing or assessing a
1 18 penalty, the commission shall consider among other
1 19 relevant factors the gravity of the violation and the
1 20 degree of culpability of the violator.
1 21 Penalties may be administratively assessed only
1 22 after an opportunity for a contested case hearing
1 23 which may be combined with a hearing on the merits of
1 24 the alleged violation. Violations not fitting within
1 25 the schedule, or violations which the commission
1 26 determines should be referred to the attorney general
1 27 for legal action shall not be governed by the schedule
1 28 established under this subsection.
1 29 2. A penalty shall be paid within thirty days of
1 30 the date the order assessing the penalty becomes
1 31 final. When a person against whom a civil penalty is
1 32 assessed under this section seeks timely judicial
1 33 review of an order imposing the penalty as provided
1 34 under chapter 17A, the order is not final for the
1 35 purposes of this section until all judicial review
1 36 processes are completed. Additional judicial review
1 37 shall not be sought after the order becomes final. A
1 38 person who fails to timely pay a civil penalty
1 39 assessed by a final order of the commission shall pay,
1 40 in addition, interest at the rate of one and one-half
1 41 percent of the unpaid balance of the assessed penalty
1 42 for each month or part of a month that the penalty
1 43 remains unpaid. The attorney general shall institute,
1 44 at the request of the commission, summary proceedings
1 45 to recover the penalty and any accrued interest.
1 46 3. All civil penalties assessed by the commission
1 47 and interest on the penalties shall be deposited in
1 48 the general fund of the state.
1 49 4. This section does not require the commission to
1 50 pursue an administrative remedy before seeking a
2 1 remedy in the courts of this state.
2 2 5. The civil penalties established in this section
2 3 are in addition to any criminal penalty which may
2 4 apply."
2 5 #2. Page 4, line 37, by striking the word "and".
2 6 #3. Page 4, line 39, by inserting after the word
2 7 "commission" the following: ", and providing for
2 8 civil penalties".
2 9 #4. By renumbering as necessary.
2 10
2 11
2 12
2 13 KREIMAN of Davis
2 14 SF 2147.203 76
2 15 mj/jj
Text: H05738 Text: H05740 Text: H05700 - H05799 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Tue Apr 2 07:30:03 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05700/H05739/960401.html
jhf