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PAG LIN 1 1 Section 1. Section 9C.1, Code 1995, is amended to read as 1 2 follows: 1 3 9C.1 DEFINITIONS. 1 4 1.The term "transient"Transient merchant" as usedherein1 5shall mean and includein this chapter includes every 1 6 merchant, whether an individual person, a firm, corporation, 1 7 partnership, or association, and whether owner, agent, bailee, 1 8 consignee, or employee, who shall bring or cause to be brought 1 9 within the state of Iowa any goods, wares, or merchandise of 1 10 any kind, nature, or description, with the intention of 1 11 temporarily or intermittently selling or offering to sell at 1 12 retail such goods, wares, or merchandise within the state of 1 13 Iowa.The term "transient"Transient merchant"shallalso 1 14mean and includeincludes every merchant, whether an 1 15 individual person, a firm, corporation, partnership, or an 1 16 association, who shall by itself, or by agent, consignee, or 1 17 employee temporarily or intermittently engage in or conduct at 1 18 one or more locations a business within the state of Iowa for 1 19 the sale at retail of any goods, wares, or merchandise of any 1 20 nature or description. A merchant engaging in business shall 1 21 be presumed to be temporarily or intermittently in business 1 22 unless it is the intention ofsuchthe merchant to remain 1 23 continuously in business at each location where the merchant 1 24 is engaged in business within the state of Iowa as a merchant 1 25 for a period of more than sixty days. The provisions of this 1 26 chapter shall not be construed to apply to persons selling at 1 27 wholesale to merchants,nor totransient vendors of drugs,nor1 28topersons running a huckster wagon, or selling or 1 29 distributing livestock feeds, fresh meats, fish, fruit, or 1 30 vegetables,nor toor persons selling their ownwork or1 31production either by themselves or employeesart or craft 1 32 production. 1 33 2. "Flea market" means a location, other than a permanent 1 34 location for a retail store, at which space is rented, leased, 1 35 or otherwise made available to others for the purpose of 2 1 conducting business as a transient merchant. 2 2 3. "Merchandise" means as defined in section 714.16. 2 3 Sec. 2. NEW SECTION. 9C.7A FLEA MARKETS – PROHIBITED 2 4 SALES. 2 5 A person conducting business as a transient merchant at a 2 6 flea market shall not sell, offer for sale, or knowingly 2 7 permit the sale of baby food, infant formula, or similar 2 8 product, or any pharmaceutical, over-the-counter drug, 2 9 cosmetic, or medical device. 2 10 This section does not apply to a person who at all times 2 11 while engaged in business as a transient merchant at a flea 2 12 market makes available for public inspection a valid 2 13 identification certificate or card identifying the person as 2 14 an authorized representative of a manufacturer or distributor 2 15 of such pharmaceutical, over-the-counter drug, cosmetic, or 2 16 medical device. Such certificate or card must be issued by 2 17 the manufacturer or distributor to be valid. 2 18 Sec. 3. Section 537.5201, subsection 1, Code 1995, is 2 19 amended by adding the following new paragraph: 2 20 NEW PARAGRAPH. bb. Check cashing practices under section 2 21 537.8101. 2 22 Sec. 4. Section 537.6106, subsection 4, Code 1995, is 2 23 amended to read as follows: 2 24 4. The administrator shall not make public the name or 2 25 identity of a person whose acts or conduct the administrator 2 26 investigates pursuant to this section or the facts disclosed 2 27 in the investigation, but this subsection does not prohibit 2 28 disclosures in actions or enforcement proceedings pursuant to 2 29 this chapter. However, a consumer complaint received by the 2 30 administrator, including factual allegations which may be 2 31 considered to violate this chapter, and responses to such 2 32 complaints filed with the administrator, are public records 2 33 under chapter 22, and this subsection shall not be interpreted 2 34 so as to prevent the administrator from making public such 2 35 complaints and responses. 3 1 Sec. 5. Section 537.6113, subsection 2, Code 1995, is 3 2 amended to read as follows: 3 3 2. The administrator may bring a civil action against a 3 4 person to recover a civil penalty of no more thanfiveten 3 5 thousand dollars for repeatedly and intentionally violating 3 6 this chapter.NoA civil penalty pursuant to this subsection 3 7mayshall not be imposed for violations of this chapter 3 8 occurring more than two years before the action is brought or 3 9 for making unconscionable agreements or engaging in a course 3 10 of fraudulent or unconscionable conduct. 3 11 Sec. 6. Section 554.9402, subsection 2, unnumbered 3 12 paragraph 1, Code 1995, is amended to read as follows: 3 13 A financing statement which otherwise complies with 3 14 subsection 1 is sufficient when it is signed by the secured 3 15 party instead of the debtor ifita previously recorded 3 16 financing statement exists which was executed by the debtor in 3 17 favor of that secured party and if the financing statement 3 18 signed by the secured party is filed to perfect a security 3 19 interest in 3 20 Sec. 7. Section 714.16, subsection 4, paragraphs b and c, 3 21 Code 1995, are amended by striking the paragraphs and 3 22 inserting in lieu thereof the following: 3 23 b. Subject to paragraph "c", information, documents, 3 24 testimony, or other evidence provided the attorney general by 3 25 a person pursuant to subsection 3 and paragraph "a" of this 3 26 subsection, or provided by a person as evidence in any civil 3 27 action brought pursuant to this section, shall not be admitted 3 28 in evidence, or used in any manner whatsoever, in any criminal 3 29 prosecution or forfeiture proceeding against that person. If 3 30 a criminal prosecution or forfeiture proceeding is initiated 3 31 in a state court against a person who has provided information 3 32 pursuant to paragraph "c", the state shall have the burden of 3 33 proof that the information provided was not used in any manner 3 34 to further the criminal investigation, prosecution, or 3 35 forfeiture proceeding. 4 1 c. Paragraph "b" shall not apply unless the person has 4 2 first asserted a right against self-incrimination and the 4 3 attorney general has elected to provide the person with a 4 4 written statement that the information, documents, testimony, 4 5 or other evidence at issue are subject to paragraph "b". 4 6 After a person has been provided such written statement by the 4 7 attorney general, a claim of privilege against self- 4 8 incrimination is not a defense to any action or proceeding to 4 9 obtain the information, documents, testimony, or other 4 10 evidence. Nothing in this section limiting the use of 4 11 evidence in a criminal proceeding shall apply to any 4 12 prosecution or proceeding for perjury or contempt of court 4 13 committed in the course of the giving or production of the 4 14 information, documents, testimony, or other evidence. 4 15 Sec. 8. Section 714.16, subsections 5 and 6, Code 1995, 4 16 are amended to read as follows: 4 17 5. Service by the attorney general of any notice requiring 4 18 a person to file a statement or report, or of a subpoena upon 4 19 any person, shall be made personally within this state or by 4 20 certified mail to the last known place of business, residence, 4 21 or abode within this state of such person, but if such cannot 4 22 be obtained, substituted servicethereforof the notice or 4 23 subpoena may be made in any of the followingmannermanners: 4 24 a. Personal servicethereofof the notice or subpoena 4 25 without this state; or. 4 26 b. The mailingthereofof the notice or subpoena by 4 27registeredcertified mail to the last known place of business, 4 28 residence, or abode within or without this state of such 4 29 person for whom thesamenotice or subpoena is intended; or. 4 30 c. As to any person other than a natural person, in the 4 31 manner provided in the Rules of Civil Procedure as if a 4 32 petition had been filed; or. 4 33 d. Such service as a district court may direct in lieu of 4 34 personal service or service by certified mail within this 4 35 state. 5 1 6. If any person fails or refuses to file any statement or 5 2 report, or obey any subpoena issued by the attorney general, 5 3 the attorney general may, after notice, apply toathe Polk 5 4 county district court or the district court for the county in 5 5 which the person resides or is located and, after hearing 5 6thereof, request an order doing any of the following: 5 7 a. Granting injunctive relief, restraining the sale or 5 8 advertisement of any merchandise by such persons;. 5 9 b. Dissolving a corporation created by or under the laws 5 10 of this state or revoking or suspending the certificate of 5 11 authority to do business in this state of a foreign 5 12 corporation or revoking or suspending any other licenses, 5 13 permits, or certificates issued pursuant to law to such person 5 14 which are used to further the allegedly unlawful practice;5 15and. 5 16 c. Granting such other relief as may be required; until 5 17 the person files the statement or report, or obeys the 5 18 subpoena. 5 19 Sec. 9. Section 714.16, Code 1995, is amended by adding 5 20 the following new subsection: 5 21 NEW SUBSECTION. 15. The attorney general may bring an 5 22 action on behalf of the residents of this state, or as parens 5 23 patriae, under the federal telemarketing and consumer fraud 5 24 and abuse prevention Act, Pub. L. No. 103-297, and pursue any 5 25 and all enforcement options available under that Act. 5 26 Subsequent amendments to that Act which do not substantially 5 27 alter its structure and purpose shall not be construed to 5 28 affect the authority of the attorney general to pursue an 5 29 action pursuant to this section, except to the extent the 5 30 amendments specifically restrict the authority of the attorney 5 31 general. 5 32 Sec. 10. Section 714.16A, subsection 1, Code 1995, is 5 33 amended to read as follows: 5 34 1. If a person violates section 714.16, and the violation 5 35 is committed against an older person, in an action brought by 6 1 the attorney general, in addition to any other civil penalty, 6 2 the court may impose an additional civil penalty not to exceed 6 3 five thousand dollars for each such violation. Additionally, 6 4 the attorney general may accept a civil penalty as determined 6 5 by the attorney general in settlement of an investigation of a 6 6 violation of section 714.16, regardless of whether an action 6 7 has been filed pursuant to section 714.16. 6 8 A civil penalty imposed by a court or determined and 6 9 accepted by the attorney general pursuant to this section 6 10 shall be paid to the treasurer of state, who shall deposit the 6 11 money in the elderly victim fund, a separate fund created in 6 12 the state treasury and administered by the attorney general 6 13 for the investigation and prosecution of frauds against the 6 14 elderly. Notwithstanding section 8.33, any balance in the 6 15 fund on June 30 of any fiscal year shall not revert to the 6 16 general fund of the state. An award of reimbursement pursuant 6 17 to section 714.16 has priority over a civil penalty imposed by 6 18 the court pursuant to this subsection. 6 19 Sec. 11. Section 725.12, Code 1995, is amended by adding 6 20 the following new unnumbered paragraph: 6 21 NEW UNNUMBERED PARAGRAPH. A violation of this section is a 6 22 violation of section 714.16, subsection 2, paragraph "a". 6 23 SF 401 6 24 mj/cc/26
Text: SF00400 Text: SF00402 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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