Text: SSB00151 Text: SSB00153 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 714.16, subsection 4, paragraphs b and 1 2 c, Code 1997, are amended by striking the paragraphs and 1 3 inserting in lieu thereof the following: 1 4 b. Subject to paragraph "c", information, documents, 1 5 testimony, or other evidence provided to the attorney general 1 6 by a person pursuant to paragraph "a" or subsection 3, or 1 7 provided by a person as evidence in any civil action brought 1 8 pursuant to this section, shall not be admitted in evidence, 1 9 or used in any manner whatsoever, in any criminal prosecution 1 10 or forfeiture proceeding against that person. If a criminal 1 11 prosecution or forfeiture proceeding is initiated in a state 1 12 court against a person who has provided information pursuant 1 13 to paragraph "a" or subsection 3, the state shall have the 1 14 burden of proof that the information provided was not used in 1 15 any manner to further the criminal investigation, prosecution, 1 16 or forfeiture proceeding. 1 17 c. Paragraph "b" does not apply unless the person has 1 18 first asserted a right against self-incrimination and the 1 19 attorney general has elected to provide the person with a 1 20 written statement that the information, documents, testimony, 1 21 or other evidence at issue are subject to paragraph "b". 1 22 After a person has been provided with such a written statement 1 23 by the attorney general, a claim of privilege against self- 1 24 incrimination is not a defense to any action or proceeding to 1 25 obtain the information, documents, testimony, or other 1 26 evidence. The limitation on the use of evidence in a criminal 1 27 proceeding contained in this section does not apply to any 1 28 prosecution or proceeding for perjury or contempt of court 1 29 committed in the course of the giving or production of the 1 30 information, documents, testimony, or other evidence. 1 31 Sec. 2. Section 714.16, subsections 5 and 6, Code 1997, 1 32 are amended to read as follows: 1 33 5. Service by the attorney general ofanya notice 1 34 requiring a person to file a statement or report, or of a 1 35 subpoena upon any person, shall be made personally within this 2 1 state or by certified mail to the last known place of 2 2 business, residence, or abode within this state of such 2 3 person, but if such cannot be obtained, substituted service 2 4thereforof the notice or subpoena may be madeinpursuant to 2 5 any of the followingmanner: 2 6 a. Personal servicethereofof the notice or subpoena 2 7 without this state; or. 2 8 b. The mailingthereofof the notice or subpoena by 2 9registeredcertified mail to the last known place of business, 2 10 residence, or abode within or without this state ofsuchthe 2 11 person for whom thesamenotice or subpoena is intended; or. 2 12 c. As to any person other than a natural person, in the 2 13 manner provided in the Rules of Civil Procedure as if a 2 14 petition had been filed; or. 2 15 d. Such service as a district court may direct in lieu of 2 16 personal service or service by certified mail within this 2 17 state. 2 18 6. Ifanya person fails or refuses to fileanya 2 19 statement or report, or obey any subpoena issued by the 2 20 attorney general, the attorney general may, after notice, 2 21 apply toathe Polk county district court or the district 2 22 court for the county in which the person resides or is located 2 23 and, after hearingthereof, request an order: 2 24 a. Granting injunctive relief, restraining the sale or 2 25 advertisement of any merchandise by such persons;. 2 26 b. Dissolving a corporation created by or under the laws 2 27 of this state or revoking or suspending the certificate of 2 28 authority to do business in this state of a foreign 2 29 corporation or revoking or suspending any other licenses, 2 30 permits, or certificates issued pursuant to law to such person 2 31 which are used to further the allegedly unlawful practice;2 32and. 2 33 c. Granting such other relief as may be required;until 2 34 the person files the statement or report, or obeys the 2 35 subpoena. 3 1 Sec. 3. Section 714.16, Code 1997, is amended by adding 3 2 the following new subsection: 3 3 NEW SUBSECTION. 15. The attorney general may bring an 3 4 action on behalf of the residents of this state, or as parens 3 5 patriae, under the federal Telemarketing and Consumer Fraud 3 6 and Abuse Prevention Act, Pub. L. No. 103-297, and pursue any 3 7 and all enforcement options available under that Act. 3 8 Subsequent amendments to that Act which do not substantially 3 9 alter its structure and purpose shall not be construed to 3 10 affect the authority of the attorney general to pursue an 3 11 action pursuant to this section, except to the extent the 3 12 amendments specifically restrict the authority of the attorney 3 13 general. 3 14 Sec. 4. Section 714.16A, subsection 1, Code 1997, is 3 15 amended to read as follows: 3 16 1. If a person violates section 714.16, and the violation 3 17 is committed against an older person, in an action brought by 3 18 the attorney general, in addition to any other civil penalty, 3 19 the court may impose an additional civil penalty not to exceed 3 20 five thousand dollars for each such violation. Additionally, 3 21 the attorney general may accept a civil penalty as determined 3 22 by the attorney general in settlement of an investigation of a 3 23 violation of section 714.16, regardless of whether an action 3 24 has been filed pursuant to section 714.16. 3 25 A civil penalty imposed by a court or determined and 3 26 accepted by the attorney general pursuant to this section 3 27 shall be paid to the treasurer of state, who shall deposit the 3 28 money in the elderly victim fund, a separate fund created in 3 29 the state treasury and administered by the attorney general 3 30 for the investigation and prosecution of frauds against the 3 31 elderly. Notwithstanding section 8.33, any balance in the 3 32 fund on June 30 of any fiscal year shall not revert to the 3 33 general fund of the state. An award of reimbursement pursuant 3 34 to section 714.16 has priority over a civil penalty imposed by 3 35 the court pursuant to this subsection. 4 1 EXPLANATION 4 2 This bill amends provisions of the consumer fraud law. 4 3 Section 714.16, subsection 4, is amended by striking 4 4 existing paragraphs "b" and "c", which provide limited 4 5 immunity from criminal prosecution to a person providing 4 6 information in a civil action brought by the attorney general 4 7 under section 714.16, and rewriting those paragraphs to 4 8 provide that such immunity shall not arise unless the person 4 9 providing the information has first asserted a right against 4 10 self-incrimination and the attorney general provides a written 4 11 statement that information provided by the person will not be 4 12 used in a subsequent criminal action. 4 13 Section 714.16, subsection 5, is amended to provide that 4 14 the notice requiring a person to file a statement or report, 4 15 or of a subpoena, which currently must be made personally when 4 16 made within this state, may now also be made by certified mail 4 17 to the last known place of business, residence, or abode of 4 18 the person within the state. Section 714.16, subsection 6, is 4 19 amended to provide that the attorney general may commence an 4 20 action under section 714.16 against a person who fails to 4 21 respond to a subpoena or other formal investigation request of 4 22 the attorney general in the Polk county district court, as 4 23 well as the district court in the county in which the person 4 24 resides or is located. 4 25 Section 714.16 is amended by adding a new subsection which 4 26 provides that the attorney general may bring an action on 4 27 behalf of the residents of this state under the federal 4 28 Telemarketing and Consumer Fraud and Abuse Prevention Act. 4 29 Section 714.16A is amended to provide that the attorney 4 30 general may establish and accept a settlement amount related 4 31 to an investigation of a consumer fraud allegedly committed 4 32 against an older person which does not proceed to court. 4 33 LSB 1123DP 77 4 34 mj/cf/24.1
Text: SSB00151 Text: SSB00153 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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