Text: S05088 Text: S05090 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2233 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 551.4, Code 2001, is amended 1 5 to read as follows: 1 6 551.4 PENALTY. 1 7 The following shall be guilty of a serious 1 8 misdemeanor: 1 9 1.AnyA person, firm, company, association, or 1 10 corporation violating any of the provisions of 1 11sectionssection 551.1andor 551.2, and any officer, 1 12 agent, or receiver of any firm, company, association, 1 13 or corporation, or any member of the same, or any 1 14 individual violating any ofsuchthe provisionsshall1 15be guilty of a serious misdemeanorof section 551.1 or 1 16 551.2. 1 17 2. A producer, refiner, distributor, jobber, 1 18 wholesaler, or retailer violating any of the 1 19 provisions of section 551.13, or any officer, 1 20 director, stockholder, employee, partner, agent, or 1 21 any other representative violating any of the 1 22 provisions of section 551.13. 1 23 Sec. 2. Section 551.5, Code 2001, is amended to 1 24 read as follows: 1 25 551.5 CONTRACTS OR AGREEMENTS. 1 26 All contracts or agreements made in violation of 1 27 any of the provisions ofsectionssection 551.1,and1 28 551.2, or 551.13 shall be void. 1 29 Sec. 3. Section 551.6, Code 2001, is amended to 1 30 read as follows: 1 31 551.6 ENFORCEMENT. 1 32 It shall be the duty of the county attorneys, in 1 33 their counties, and the attorney general, to enforce 1 34 the provisions of sections 551.1tothrough 551.5, 1 35inclusive,and section 551.13, by appropriate actions 1 36 in courts of competent jurisdiction. 1 37 Sec. 4. Section 551.7, Code 2001, is amended to 1 38 read as follows: 1 39 551.7 COMPLAINT – TO WHOM MADE. 1 40 If a complaintshall beis made to the secretary of 1 41 state that any corporation authorized to do business 1 42 in this state is guilty of unfair discrimination, 1 43 within the terms ofsectionssection 551.1and, 551.2, 1 44 or 551.13,it shall be the duty ofthe secretary of 1 45 statetoshall refer the matter to the attorney 1 46 general who may, if the facts justify it in the 1 47 attorney general's judgment, institute proceedings in 1 48 the courts againstsuchthe corporation. 1 49 Sec. 5. Section 551.8, Code 2001, is amended to 1 50 read as follows: 2 1 551.8 REVOCATION OF PERMIT. 2 2 If any corporation, foreign or domestic, authorized 2 3 to do business in this state, is found guilty of 2 4 unfair discrimination, within the terms ofsections2 5 section 551.1,and551.2, or 551.13,it shall be the2 6duty ofthe secretary of statetoshall immediately 2 7 revoke the permit ofsuchthe corporation to do 2 8 business in this state. 2 9 Sec. 6. Section 551.9, Code 2001, is amended to 2 10 read as follows: 2 11 551.9 CORPORATION TO BE ENJOINED. 2 12 If after revocation of its permitsucha 2 13 corporation, or any other corporation not having a 2 14 permit and found guilty of having violated any of the 2 15 provisions ofsectionssection 551.1and, 551.2, or 2 16 551.13, shall continue or attempt to do business in 2 17 this state,it shall be the duty ofthe attorney 2 18 general, by a proper suit in the name of the state of 2 19 Iowa,toshall enjoinsuchthe corporation from 2 20 transacting all business of every kind and character 2 21 insaidthis state. 2 22 Sec. 7. NEW SECTION. 511.13 UNFAIR 2 23 DISCRIMINATION – MARKETING OF MOTOR FUEL. 2 24 1. A producer, refiner, distributor, jobber, 2 25 wholesaler, or retailer shall not, either directly or 2 26 indirectly, or through a subsidiary, affiliate 2 27 corporation, or related business entity, or by any 2 28 officer, director, stockholder, employee, partner, 2 29 agent, or any other representative, for the purpose or 2 30 with the effect of restraining, lessening, or 2 31 destroying competition or injuring one or more 2 32 competitors or injuring one or more persons dealing in 2 33 the marketing of motor fuel, or to impair or prevent 2 34 fair competition in the sale of motor fuel in the 2 35 state, engage in or threaten to engage in any of the 2 36 following trade practices or methods of doing 2 37 business: 2 38 a. Make or offer to make any gift of money, 2 39 merchandise, trading stamps, coupons, service, 2 40 supplies, or anything of value in connection with the 2 41 sale to a jobber, distributor, retailer, or consumer 2 42 in this state of motor fuel. 2 43 b. Charge a combined price for any motor fuel 2 44 product together with another commodity or service 2 45 that is less or is represented to be less than the 2 46 aggregate of the price of the particular motor fuel 2 47 product and the price or value of such other commodity 2 48 or service when separately sold or offered for sale. 2 49 c. Acting, applying, or attempting to apply any 2 50 method or device in the sale or distribution of a 3 1 motor fuel product in any way that is inconsistent 3 2 with the intent of this section. 3 3 2. The penalties and procedures of sections 551.4 3 4 through 551.11 shall apply to violations of the 3 5 provisions of this section. 3 6 Sec. 8. EFFECTIVE DATE. This Act, being deemed of 3 7 immediate importance, takes effect upon enactment." 3 8 #2. By renumbering as necessary. 3 9 3 10 3 11 3 12 MIKE CONNOLLY 3 13 SF 2233.701 79 3 14 jj/cls
Text: S05088 Text: S05090 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2002 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: Fri Mar 1 03:35:52 CST 2002
URL: /DOCS/GA/79GA/Legislation/S/05000/S05089/020228.html
jhf