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Text: HF02463                           Text: HF02465
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House File 2464

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 714.8, subsection 15, Code 1995, is
  1  2 amended to read as follows:
  1  3    15.  Obtains or attempts to obtain the transfer of
  1  4 possession, control, or ownership, of the property of another
  1  5 by deception through communications conducted primarily by
  1  6 telephone and involving direct or implied claims that the
  1  7 other a person contacted has won or is about to win a prize,
  1  8 or involving direct or implied claims that the other person
  1  9 contacted been selected, or may be selected, to receive a
  1 10 prize, award, premium, or bonus, or will recover, or may be
  1 11 able to recover, any losses suffered by such other person in
  1 12 connection with a prize promotion telephone solicitation.
  1 13    Sec. 2.  NEW SECTION.  714B.2A  REGISTRATION.
  1 14    1.  A person and the employer of a person who obtains or
  1 15 attempts to obtain the transfer of possession, control, or
  1 16 ownership of the property of another through communications
  1 17 conducted primarily by telephone, shall register with the
  1 18 attorney general prior to soliciting any resident of this
  1 19 state, if the solicitation involves direct or implied claims
  1 20 that a person has been selected, or may be selected, to
  1 21 receive a prize, award, premium, or bonus, or will recover, or
  1 22 may be able to recover, any losses suffered in connection with
  1 23 a telephone solicitation.
  1 24    2.  A registrant under this section shall provide on forms
  1 25 provided by the attorney general, all of the following:
  1 26    a.  The registrant's true name.
  1 27    b.  The registrant's date of birth and social security
  1 28 number, if applicable.
  1 29    c.  The registrant's driver's license number and state of
  1 30 issue, if applicable.
  1 31    d.  All aliases and assumed or fictitious names used by the
  1 32 registrant in connection with such solicitations.
  1 33    e.  Any other information deemed necessary by the attorney
  1 34 general to identify or locate the registrant including, but
  1 35 not limited to, the registrant's home address and home
  2  1 telephone number, if applicable, and the registrant's business
  2  2 address and business telephone number.
  2  3    3.  For purposes of this section, an "employer" is any
  2  4 person who supervises, directs, or controls the activities of
  2  5 a person making a solicitation pursuant to subsection 1 at the
  2  6 time the solicitation is made.
  2  7    4.  The required registration of any aliases and assumed or
  2  8 fictitious names shall not be construed as permitting the use
  2  9 of such aliases or assumed or fictitious names, or that the
  2 10 practice is otherwise permitted under section 714.8,
  2 11 subsection 15, section 714.16, or any other statute.
  2 12    5.  The requirements of this section do not apply to a
  2 13 domestic corporation, a foreign corporation that has obtained
  2 14 a certificate of authority pursuant to section 490.1501, or to
  2 15 an officer, director, employee, or agent of such domestic or
  2 16 foreign corporation, unless it appears to the attorney general
  2 17 that such domestic or foreign corporation, or an officer,
  2 18 director, employee, or agent of such domestic or foreign
  2 19 corporation has engaged in, is engaging in, or is about to
  2 20 engage in, any practice in violation of section 714.16, and
  2 21 that such domestic or foreign corporation or an officer,
  2 22 director, employee, or agent of such domestic or foreign
  2 23 corporation has received notification from the attorney
  2 24 general that registration is required.
  2 25    6.  a.  A person required to register with the attorney
  2 26 general pursuant to this section, and who fails to do so
  2 27 within five days after receiving notice of such failure and
  2 28 the requirements of this section from the attorney general,
  2 29 either orally or in writing, is guilty of an aggravated
  2 30 misdemeanor.
  2 31    b.  A person required to register with the attorney general
  2 32 pursuant to this section, and who intentionally provides false
  2 33 information, either orally or in writing, related to the
  2 34 registration which is required under subsection 2, is guilty
  2 35 of a class "D" felony.  
  3  1                           EXPLANATION
  3  2    This bill amends section 714.8, subsection 15, to indicate
  3  3 that a fraudulent practice is committed when a person attempts
  3  4 to obtain the property of another by deception through
  3  5 communications conducted primarily by telephone.
  3  6    New section 714B.2A is established and requires that a
  3  7 person and the employer of a person who obtains or attempts to
  3  8 obtain the transfer of possession, control, or ownership of
  3  9 the property of another through communications conducted
  3 10 primarily by telephone, shall register with the attorney
  3 11 general prior to soliciting any resident of this state if the
  3 12 solicitation involves direct or implied claims that a person
  3 13 has been selected, or may be selected, to receive a prize,
  3 14 award, premium, or bonus, or will recover, or may be able to
  3 15 recover, any losses suffered in connection with a telephone
  3 16 solicitation.
  3 17    The requirements of new section 714.2A do not apply to a
  3 18 domestic corporation, a foreign corporation that has obtained
  3 19 a certificate of authority pursuant to section 490.1501, or to
  3 20 an officer, director, employee, or agent of such domestic or
  3 21 foreign corporation, unless it appears to the attorney general
  3 22 that such person has engaged in, is engaging in, or is about
  3 23 to engage in, any practice in violation of section 714.16
  3 24 (consumer frauds), and that such person has received
  3 25 notification from the attorney general that registration is
  3 26 required.
  3 27    A person required to register with the attorney general and
  3 28 who fails to do so within five days after receiving notice of
  3 29 such failure and the requirements of this section from the
  3 30 attorney general, either orally or in writing, is guilty of an
  3 31 aggravated misdemeanor.  A person required to register with
  3 32 the attorney general and who intentionally provides false
  3 33 information, either orally or in writing, related to the
  3 34 registration which is required under this section, is guilty
  3 35 of a class "D" felony.  
  4  1 LSB 4289HV 76
  4  2 mj/cf/24.1
     
Text: HF02463                           Text: HF02465
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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