Text: SF00489 Text: SF00491 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 490 1 2 1 3 AN ACT 1 4 RELATING TO THE CONSUMER FRAUD LAW BY PROVIDING LIMITED 1 5 IMMUNITY FROM PROSECUTION FOR PROVIDING CERTAIN INFORMATION, 1 6 AUTHORIZING THE ATTORNEY GENERAL TO COMMENCE AN ACTION RELATED 1 7 TO TELEMARKETING, AND AUTHORIZING THE ATTORNEY GENERAL TO 1 8 ESTABLISH AND ACCEPT A CIVIL PENALTY IN SETTLEMENT OF AN 1 9 INVESTIGATION. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 714.16, subsection 4, paragraphs b and 1 14 c, Code 1997, are amended by striking the paragraphs and 1 15 inserting in lieu thereof the following: 1 16 b. Subject to paragraph "c", information, documents, 1 17 testimony, or other evidence provided to the attorney general 1 18 by a person pursuant to paragraph "a" or subsection 3, or 1 19 provided by a person as evidence in any civil action brought 1 20 pursuant to this section, shall not be admitted in evidence, 1 21 or used in any manner whatsoever, in any criminal prosecution 1 22 or forfeiture proceeding against that person. If a criminal 1 23 prosecution or forfeiture proceeding is initiated in a state 1 24 court against a person who has provided information pursuant 1 25 to paragraph "a" or subsection 3, the state shall have the 1 26 burden of proof that the information provided was not used in 1 27 any manner to further the criminal investigation, prosecution, 1 28 or forfeiture proceeding. 1 29 c. Paragraph "b" does not apply unless the person has 1 30 first asserted a right against self-incrimination and the 1 31 attorney general has elected to provide the person with a 1 32 written statement that the information, documents, testimony, 1 33 or other evidence at issue are subject to paragraph "b". 1 34 After a person has been provided with such a written statement 1 35 by the attorney general, a claim of privilege against self- 2 1 incrimination is not a defense to any action or proceeding to 2 2 obtain the information, documents, testimony, or other 2 3 evidence. The limitation on the use of evidence in a criminal 2 4 proceeding contained in this section does not apply to any 2 5 prosecution or proceeding for perjury or contempt of court 2 6 committed in the course of the giving or production of the 2 7 information, documents, testimony, or other evidence. 2 8 Sec. 2. Section 714.16, subsection 6, Code 1997, is 2 9 amended to read as follows: 2 10 6. Ifanya person fails or refuses to fileanya 2 11 statement or report, or obey any subpoena issued by the 2 12 attorney general, the attorney general may, after notice, 2 13 apply toathe Polk county district court or the district 2 14 court for the county in which the person resides or is located 2 15 and, after hearingthereof, request an order: 2 16 a. Granting injunctive relief, restraining the sale or 2 17 advertisement of any merchandise by such persons;. 2 18 b. Dissolving a corporation created by or under the laws 2 19 of this state or revoking or suspending the certificate of 2 20 authority to do business in this state of a foreign 2 21 corporation or revoking or suspending any other licenses, 2 22 permits, or certificates issued pursuant to law to such person 2 23 which are used to further the allegedly unlawful practice;2 24and. 2 25 c. Granting such other relief as may be required;until 2 26 the person files the statement or report, or obeys the 2 27 subpoena. 2 28 Sec. 3. Section 714.16, Code 1997, is amended by adding 2 29 the following new subsection: 2 30 NEW SUBSECTION. 15. The attorney general may bring an 2 31 action on behalf of the residents of this state, or as parens 2 32 patriae, under the federal Telemarketing and Consumer Fraud 2 33 and Abuse Prevention Act, Pub. L. No. 103-297, and pursue any 2 34 and all enforcement options available under that Act. 2 35 Subsequent amendments to that Act which do not substantially 3 1 alter its structure and purpose shall not be construed to 3 2 affect the authority of the attorney general to pursue an 3 3 action pursuant to this section, except to the extent the 3 4 amendments specifically restrict the authority of the attorney 3 5 general. 3 6 Sec. 4. Section 714.16A, subsection 1, Code 1997, is 3 7 amended to read as follows: 3 8 1. If a person violates section 714.16, and the violation 3 9 is committed against an older person, in an action brought by 3 10 the attorney general, in addition to any other civil penalty, 3 11 the court may impose an additional civil penalty not to exceed 3 12 five thousand dollars for each such violation. Additionally, 3 13 the attorney general may accept a civil penalty as determined 3 14 by the attorney general in settlement of an investigation of a 3 15 violation of section 714.16, regardless of whether an action 3 16 has been filed pursuant to section 714.16. 3 17 A civil penalty imposed by a court or determined and 3 18 accepted by the attorney general pursuant to this section 3 19 shall be paid to the treasurer of state, who shall deposit the 3 20 money in the elderly victim fund, a separate fund created in 3 21 the state treasury and administered by the attorney general 3 22 for the investigation and prosecution of frauds against the 3 23 elderly. Notwithstanding section 8.33, any balance in the 3 24 fund on June 30 of any fiscal year shall not revert to the 3 25 general fund of the state. An award of reimbursement pursuant 3 26 to section 714.16 has priority over a civil penalty imposed by 3 27 the court pursuant to this subsection. 3 28 3 29 3 30 3 31 MARY E. KRAMER 3 32 President of the Senate 3 33 3 34 3 35 4 1 RON J. CORBETT 4 2 Speaker of the House 4 3 4 4 I hereby certify that this bill originated in the Senate and 4 5 is known as Senate File 490, Seventy-seventh General Assembly. 4 6 4 7 4 8 4 9 MARY PAT GUNDERSON 4 10 Secretary of the Senate 4 11 Approved , 1998 4 12 4 13 4 14 4 15 TERRY E. BRANSTAD 4 16 Governor
Text: SF00489 Text: SF00491 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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