Text: SSB02043 Text: SSB02045 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321G.18, Code 1997, is amended to read 1 2 as follows: 1 3 321G.18 NEGLIGENCE. 1 4 The owner and operator of an all-terrain vehicle or 1 5 snowmobileisare liable for any injury or damage occasioned 1 6 by the negligent operation of the all-terrain vehicle or 1 7 snowmobile. 1 8 Sec. 2. Section 529.1, subsections 2, 9, and 11, Code 1 9 1997, are amended to read as follows: 1 10 2. "Check cashing" means exchanging for compensation a 1 11 check, draft, money order, traveler's check, or a payment 1 12 instrument of alicenseemoney transmitter for money delivered 1 13 to the presenter at the time and place of the presentation. 1 14 9. "Money transmitter" means a person who is located or 1 15 doing business in this state, including a checkcashiercasher 1 16 and a foreign money exchanger, and who does any of the 1 17 following: 1 18 a. Sells or issues payment instruments. 1 19 b. Conducts the business of receiving money for the 1 20 transmission of or transmitting money. 1 21 c. Conducts the business of exchanging payment instruments 1 22 or money into any form of money or payment instrument. 1 23 d. Conducts the business of receiving money for obligors 1 24 for the purpose of paying obligors' bills, invoices, or 1 25 accounts. 1 26 e. Meets the definition of a bank, financial agency, or 1 27 financial institution as prescribed by 31 U.S.C. } 5312 or 31 1 28 C.F.R. } 103.11 and any successor provisions. 1 29 11. "Proceeds" means property acquired or derived directly 1 30 or indirectly from, produced through, realized through, or 1 31 caused by an act or omission and includes any property of any 1 32 kind. 1 33 11A. "Property" means anything of value, and includes any 1 34 interest in property, including any benefit, privilege, claim, 1 35 or right with respect to anything of value, whether real or 2 1 personal, tangible or intangible, without reduction for 2 2 expenses incurred for acquisition, maintenance, production, or 2 3 any other purpose. 2 4 Sec. 3. Section 529.2, subsection 6, paragraph b, Code 2 5 1997, is amended to read as follows: 2 6 b. With the intent to disguise the fact that money or a 2 7 payment instrument is the proceeds of criminal conduct, or 2 8 with intent to promote, manage, establish, carry on, or 2 9 facilitate the promotion, management, establishment, or 2 10 carrying on of any criminal conduct, or with intent to evade 2 11 the making or filing of a report required under this chapter, 2 12 or with intent to cause the making or filing of a report that 2 13 contains a material omission or misstatement of fact,or with2 14intentto conduct or structure a transaction or series of 2 15 transactions by or through one or more licensees, authorized 2 16 delegates, money transmitters, financial institutions, or 2 17 persons engaged in a trade or business. 2 18 Sec. 4. Section 706A.2, subsection 3, Code 1997, is 2 19 amended to read as follows: 2 20 3. MONEY LAUNDERING. It is unlawful for a person to 2 21 commit money launderingas definedin violation of chapter 2 22 706B. 2 23 Sec. 5. Section 706A.3, subsection 8, paragraph b, Code 2 24 1997, is amended to read as follows: 2 25 b. For the purposes of this subsection: 2 26 (1) "Agent" means any officer, director, or employee of 2 27 the legal entity, or any other person who is authorized to act 2 28 in behalf of the legal entity. 2 29 (2) "High managerial agent" means any officer of the legal 2 30 entity or, in the case of a partnership, a partner, or any 2 31 other agent in a position of comparable authority with respect 2 32 to the formulation of policy of the legal entity. 2 33(3)8A. Notwithstanding any other provision of law, any 2 34 pleading, motion, or other paper filed by a nongovernmental 2 35 aggrieved party in connection with a proceeding or action 3 1 under subsection 7 shall be verified. If such aggrieved 3 2 person is represented by an attorney, such pleading, motion, 3 3 or other paper shall be signed by at least one attorney of 3 4 record in the attorney's individual name, whose address shall 3 5 be stated. 3 6 If such pleading, motion, or other paper includes an 3 7 averment of fraud, coercion, accomplice, respondent superior, 3 8 conspiratorial, enterprise, or other vicarious accountability, 3 9 it shall state, insofar as practicable, the circumstances with 3 10 particularity. The verification and the signature by an 3 11 attorney required by this subsection shall constitute a 3 12 certification by the signer that the attorney has carefully 3 13 read the pleading, motion, or other paper and, based on a 3 14 reasonable inquiry, believes that all of the following exist: 3 15(a)a. It is well grounded in fact. 3 16(b)b. It is warranted by existing law, or a good faith 3 17 argument for the extension, modification, or reversal of 3 18 existing law. 3 19(c)c. It is not made for an improper purpose, including 3 20 to harass, to cause unnecessary delay, or to impose a needless 3 21 increase in the cost of litigation. 3 22 The court may, after a hearing and appropriate findings of 3 23 fact, impose upon any person who verified the complaint, 3 24 cross-claim, or counterclaim, or any attorney who signed it in 3 25 violation of this subsection, or both, a fit and proper 3 26 sanction, which may include an order to pay to the other party 3 27 or parties the amount of the reasonable expenses incurred 3 28 because of the complaint or claim, including reasonable 3 29 attorney fees. If the court determines that the filing of a 3 30 complaint or claim under subsection 7 by a nongovernmental 3 31 party was frivolous in whole or in part, the court shall award 3 32 double the actual expenses, including attorney fees, incurred 3 33 because of the frivolous portion of the complaint or claim. 3 34 Sec. 6. Section 706B.2, subsection 1, unnumbered paragraph 3 35 1, Code 1997, is amended to read as follows: 4 1 It is unlawful for a person todocommit money laundering 4 2 by doing any of the following: 4 3 Sec. 7. Section 706B.2, subsection 2, Code 1997, is 4 4 amended to read as follows: 4 5 2. A person who violates: 4 6 a. Subsection 1, paragraph "a", "b", or "c", commits a 4 7 class "C" felony, and may be fined not more than ten thousand 4 8 dollars or twice the value of the property involved, whichever 4 9 is greater, orby imprisonmentbe imprisoned for not more than 4 10 ten years, or both. 4 11 b. Subsection 1, paragraph "d", commits a class "D" 4 12 felony, and may be fined not more than seven thousand five 4 13 hundred dollars or twice the value of the property involved, 4 14 whichever is greater, orby imprisonmentbe imprisoned for not 4 15 more than five years, or both. 4 16 Sec. 8. Section 809A.1, subsection 1, Code 1997, is 4 17 amended by striking the subsection. 4 18 Sec. 9. Section 809A.1, subsection 4, Code 1997, is 4 19 amended to read as follows: 4 20 4. "Owner" means a person, other than an interest holder, 4 21 who has an interest in property. A person who holds property 4 22 for the benefit of orforas an agent or nominee for another 4 23 person, or who is not in substantial compliance with any 4 24 statute requiring an interest in property to be recorded or 4 25 reflected in public records in order to perfect the interest 4 26 against a good faith purchaser for value, is not an owner. 4 27 Sec. 10. Section 809A.4, subsection 5, Code 1997, is 4 28 amended to read as follows: 4 29 5. Any interest or security in, claim against, or property 4 30 or contractual right of any kind affording a source of control 4 31 over any enterprise that a person has established, operated, 4 32 controlled,orconductedthrough, or participated in the 4 33 conduct,or through conduct giving rise to forfeiture. 4 34 Sec. 11. Section 809A.4, subsection 6, paragraph a, 4 35 unnumbered paragraph 1, Code 1997, is amended to read as 5 1 follows: 5 2 Any property of a person up to the value of propertyof5 3 which is either of the following: 5 4 Sec. 12. Section 809A.18, subsection 1, Code 1997, is 5 5 amended to read as follows: 5 6 1. A prosecuting attorney may conduct an investigation of 5 7 any conduct that gives rise to forfeiture. The prosecuting 5 8 attorney is authorized, before the commencement of a 5 9 proceeding or action under this chapter, to subpoena 5 10 witnesses, and compel their attendance, examine them under 5 11 oath, and require the production of documentary evidence for 5 12 inspection, reproducing, or copying. Except as otherwise 5 13 provided by this section, the prosecuting attorney shall 5 14 proceed under this subsection with thesamepowers and 5 15 limitations, and judicial oversight and enforcement, and in 5 16 the manner provided by this chapter and by the Iowa rules of 5 17 civil procedure. Any person compelled to appear under a 5 18 demand for oral testimony under this section may be 5 19 accompanied, represented, and advised by counsel. 5 20 Sec. 13. 1994 Iowa Acts, chapter 1072, section 9, as 5 21 amended by 1995 Iowa Acts, chapter 185, section 46, is 5 22 repealed. 5 23 EXPLANATION 5 24 Code section 321G.18: In the section relating to the 5 25 liability of owners and operators of all-terrain vehicles and 5 26 snowmobiles, "is liable" is changed to "are liable" in 5 27 response to the recent supreme court case Johnson v. Johnson, 5 28 564 NW2d 414 (Iowa 1996). The court in Johnson concluded that 5 29 the current "is liable" language is grammatically incorrect 5 30 and that "is liable" should be read as "are liable". 5 31 Code sections 529.1(2), (9), and (11), 529.2(6)(b), 5 32 706A.2(3), 706A.3(8)(b), 706B.2(1), 706B.2(2), 809A.1(1) and 5 33 (4), 809A.4(5) and (6)(a), and 809A.18(1): In sections 5 34 relating to economic and other penalties for certain criminal 5 35 activity, use of defined terms is corrected, incorrect and 6 1 unused references are stricken and corrected, and grammatical 6 2 changes are made which are necessary for the application of 6 3 the sections. In Code section 529.1, the bill provides the 6 4 correct definition of "proceeds" and applies the previous 6 5 definition to the term "property". In Code section 529.2, 6 6 subsection 6, paragraph "b", "or with intent" is stricken 6 7 preceding "to conduct or structure a transaction", making a 6 8 grammatical correction in the provision. The Code sections 6 9 were added in 1996 Iowa Acts, chapter 1133, and were based on 6 10 model legislation by the president's commission on model state 6 11 drug laws (1993). The changes in this bill are necessary 6 12 because some portions of the model laws were not incorporated 6 13 into the Code, resulting in incorrect references in the 6 14 portions incorporated into the Code, and some portions of the 6 15 model laws were incorporated into the Code with grammatical 6 16 imperfections. 6 17 1994 Iowa Acts, chapter 1072, section 9, as amended by 1995 6 18 Iowa Acts, chapter 185, section 46: This section provides an 6 19 effective date for certain provisions of Code chapter 507E, 6 20 relating to creation of an insurance fraud bureau, the 6 21 implementation of which is contingent upon the receipt of a 6 22 federal grant and the appropriation of matching funds by the 6 23 general assembly. 1997 Iowa Acts, chapter 211, section 3, 6 24 subsection 5, appropriated state funds for this purpose, but 6 25 no federal grant has been made. Therefore, the section 6 26 providing the contingent effective date is repealed. 6 27 LSB 3625SC 77 6 28 nh/cf/24
Text: SSB02043 Text: SSB02045 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 4 03:43:36 CST 1998
URL: /DOCS/GA/77GA/Legislation/SSB/02000/SSB02044/980127.html
jhf