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Senate Study Bill 2044

Bill Text

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 snowmobile is are 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 a licensee money 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 check cashier casher
  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 with
  2 14 intent to 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 laundering as defined in 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 to do commit 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, or by imprisonment be 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, or by imprisonment be 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 or for as 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, or conducted through, 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 property of
  5  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 the same powers 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
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