Text: SF02184                           Text: SF02186
Text: SF02100 - SF02199                 Text: SF Index
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Senate File 2185

Partial Bill History

Bill Introduced: S.J. 296
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  13.11  AGRICULTURAL
  1  2 ANTICOMPETITIVE PRACTICES FUND.
  1  3    1.  As used in this section:
  1  4    a.  "Fund" means the agricultural anticompetitive practices
  1  5 fund created in this section.
  1  6    b.  "Office" means the office of the attorney general as
  1  7 provided in this chapter.
  1  8    c.  "Provision of law" means the same as defined in section
  1  9 17A.2.
  1 10    2.  An agricultural anticompetitive practices fund is
  1 11 created in the state treasury under the control of the office.
  1 12    3.  a.  The fund is composed of moneys deposited into the
  1 13 fund pursuant to section 714.16.  The fund may include other
  1 14 moneys appropriated by the general assembly or available to
  1 15 and obtained or accepted by the office.  The moneys in the
  1 16 fund are not subject to section 8.33 and shall not be
  1 17 transferred, used, obligated, appropriated, or otherwise
  1 18 encumbered except as provided in this section.
  1 19 Notwithstanding section 12C.7, subsection 2, interest or
  1 20 earnings on moneys deposited in the fund shall be credited to
  1 21 the fund.  The fund is subject to an annual audit by the
  1 22 auditor of state.
  1 23    b.  Moneys in the fund, which may be subject to warrants
  1 24 written by the director of revenue and finance, shall be drawn
  1 25 upon the written requisition of the attorney general or an
  1 26 authorized representative of the attorney general.
  1 27    4.  Moneys in the fund shall be used in any manner
  1 28 determined appropriate by the office which is necessary to
  1 29 carry out a provision of law authorizing the office to
  1 30 investigate, prosecute, or bring a civil action against a
  1 31 person based on anticompetitive practices relating to the
  1 32 production, processing, or marketing of agricultural products
  1 33 as defined in section 190C.1.  As used in this section, an
  1 34 anticompetitive practice includes but is not limited to any
  1 35 prohibition provided in section 9H.2.
  2  1    Sec. 2.  Section 714.16, subsection 7, unnumbered paragraph
  2  2 2, Code 1999, is amended to read as follows:
  2  3    In addition to the remedies otherwise provided for in this
  2  4 subsection, the attorney general may request and the court may
  2  5 impose a civil penalty not to exceed forty thousand dollars
  2  6 per violation against a person found by the court to have
  2  7 engaged in a method, act, or practice declared unlawful under
  2  8 this section; provided, however, a course of conduct shall not
  2  9 be considered to be separate and different violations merely
  2 10 because the conduct is repeated to more than one person.  In
  2 11 addition, on the motion of the attorney general or its own
  2 12 motion, the court may impose a civil penalty of not more than
  2 13 five thousand dollars for each day of intentional violation of
  2 14 a temporary restraining order, preliminary injunction, or
  2 15 permanent injunction issued under authority of this section.
  2 16 A penalty imposed pursuant to this subsection is in addition
  2 17 to any penalty imposed pursuant to section 537.6113.  Civil
  2 18 penalties ordered pursuant to this subsection shall be paid to
  2 19 the treasurer of state to be deposited in the general
  2 20 agricultural anticompetitive practices fund of the state
  2 21 established pursuant to section 13.11.  
  2 22                           EXPLANATION
  2 23    This bill establishes an agricultural anticompetitive
  2 24 practices fund composed of moneys deposited into the fund from
  2 25 civil penalties collected by the attorney general for consumer
  2 26 fraud violations under Code section 714.16.  The bill provides
  2 27 that moneys in the fund must be used by the attorney general's
  2 28 office to carry out a provision of law authorizing the office
  2 29 to investigate, prosecute, or bring a civil action against a
  2 30 person based on anticompetitive practices relating to the
  2 31 production, processing, or marketing of agricultural products.  
  2 32 LSB 6099SS 78
  2 33 da/cf/24

Text: SF02184                           Text: SF02186
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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