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House Amendment 1173

Amendment Text

PAG LIN
  1  1    Amend House File 647 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:  
  1  4                       "DIVISION I
  1  5               IOWA UNIFORM SECURITIES ACT
  1  6    Section 1.  Section 502.102, subsection 3,
  1  7 paragraph a, subparagraph (3), Code 2003, is amended
  1  8 to read as follows:
  1  9    (3)  Effecting transactions in a federal covered
  1 10 security as described in sections 18(b)(3) and
  1 11 18(b)(4)(D) of the Securities Act of 1933 as amended
  1 12 in Pub. L. No. 104-290, if a commission or other
  1 13 remuneration is not either directly or indirectly paid
  1 14 any person for soliciting in this state.
  1 15    Sec. 2.  Section 502.102, subsection 4, paragraph
  1 16 d, Code 2003, is amended to read as follows:
  1 17    d.  A cooperative organized pursuant to chapter 501
  1 18 for the purpose of engaging in the activities of an
  1 19 agricultural association as defined in section 499.2.
  1 20    d. e.  Any other entity which is organized on a
  1 21 cooperative basis under the laws of this state for the
  1 22 purpose of engaging in the activities of an
  1 23 agricultural association as defined in section 499.2.
  1 24    Sec. 3.  Section 502.202, subsection 19, Code 2003,
  1 25 is amended by striking the subsection.
  1 26    Sec. 4.  Section 502.202, Code 2003, is amended by
  1 27 adding the following new subsection:
  1 28    NEW SUBSECTION.  20.  A nonissuer transaction in an
  1 29 outstanding security by or through a broker-dealer
  1 30 registered or exempt from registration under this
  1 31 chapter, if:
  1 32    a.  The issuer is a reporting issuer in a foreign
  1 33 jurisdiction designated by this subsection or by rule
  1 34 adopted or order issued under this chapter;
  1 35    b.  The issuer has been subject to continuous
  1 36 reporting requirements in the foreign jurisdiction for
  1 37 not less than one hundred eighty days before the
  1 38 transaction; and
  1 39    c.  (i)  The security is listed on the foreign
  1 40 jurisdiction's securities exchange that has been
  1 41 designated by this paragraph or by rule adopted or
  1 42 order issued under this chapter; or
  1 43    (ii)  The security is a security of the same issuer
  1 44 that is of senior or substantially equal rank to the
  1 45 listed security; or
  1 46    (iii)  The security is a warrant or right to
  1 47 purchase or subscribe to any of the securities
  1 48 described in this paragraph "c".
  1 49    For purposes of this subsection, Canada, together
  1 50 with its provinces and territories, is a designated
  2  1 foreign jursidiction and the Toronto stock exchange,
  2  2 inc., is a designated securities exchange.  The
  2  3 administrator, by rule or order, may revoke the
  2  4 designation of a securities exchange under this
  2  5 subsection, if the administrator finds that revocation
  2  6 is necessary or appropriate in the public interest and
  2  7 for the protection of investors.  An order issued
  2  8 under this subsection must comply with section
  2  9 502.204.
  2 10    Sec. 5.  Section 502.303, subsection 5, Code 2003,
  2 11 is amended to read as follows:
  2 12    5.  The administrator may make examinations, within
  2 13 or without this state, of the business and records of
  2 14 each registered broker-dealer or registered or
  2 15 required to be registered, the broker-dealer's agent,
  2 16 an investment adviser registered or required to be
  2 17 registered, or an investment adviser representative,
  2 18 at the times and in the scope as the administrator
  2 19 determines.  The examinations may be made without
  2 20 prior notice to the broker-dealer or investment
  2 21 adviser.  The administrator may copy all records the
  2 22 administrator believes are necessary to conduct the
  2 23 examination.  The expense reasonably attributable to
  2 24 an examination of the business records of the broker-
  2 25 dealer or the broker-dealer's agent whose business is
  2 26 examined shall be paid by the broker-dealer or and the
  2 27 expense reasonably attributable to an examination of
  2 28 the business records of the investment adviser or the
  2 29 investment adviser representative whose business is
  2 30 examined, but shall be paid by the investment adviser.
  2 31 However, the expense so payable shall not exceed an
  2 32 amount which the administrator by rule prescribes.
  2 33 For the purpose of avoiding unnecessary duplication of
  2 34 examinations, the administrator may cooperate with
  2 35 securities administrators of other states, the
  2 36 securities and exchange commission, and any national
  2 37 securities exchange or national securities association
  2 38 registered under the Securities Exchange Act of 1934.
  2 39 The administrator shall not make public the
  2 40 information obtained in the course of examinations an
  2 41 examination, except when under any of the following
  2 42 circumstances:
  2 43    a.  When a duty under this chapter requires the
  2 44 administrator to take action regarding a broker-dealer
  2 45 or, the broker-dealer's agent, an investment adviser,
  2 46 or an investment adviser representative to make the
  2 47 information available to one of the agencies specified
  2 48 in this section, or except when.
  2 49    b.  When the administrator is called as a witness
  2 50 in a criminal or civil proceeding.
  3  1    Sec. 6.  Section 502.304, subsection 1, paragraph
  3  2 g, Code 2003, is amended to read as follows:
  3  3    g.  Has engaged in dishonest or unethical practices
  3  4 in the securities, commodities, investment, franchise,
  3  5 banking, finance, or insurance business; 
  3  6                       DIVISION II
  3  7             BUSINESS OPPORTUNITY PROMOTIONS
  3  8    Sec. 7.  Section 22.7, subsection 42, Code 2003, is
  3  9 amended to read as follows:
  3 10    42.  Information obtained by the commissioner of
  3 11 insurance in the course of an investigation as
  3 12 provided in section 502.603, 523B.8, or 523C.23.
  3 13    Sec. 8.  Section 523B.1, subsection 1, Code 2003,
  3 14 is amended by striking the subsection.
  3 15    Sec. 9.  Section 523B.1, subsection 3, paragraph a,
  3 16 unnumbered paragraph 1, Code 2003, is amended to read
  3 17 as follows:
  3 18    "Business opportunity" means an opportunity to
  3 19 start a business according to the terms of a contract
  3 20 or agreement, between a seller and purchaser, express
  3 21 or implied, orally or in writing, at in which the
  3 22 purchaser provides an initial investment exceeding
  3 23 five hundred dollars, where; the parties agree seller
  3 24 represents that the seller or a person recommended by
  3 25 the seller is to provide to the purchaser any
  3 26 products, equipment, supplies, materials, or services
  3 27 for the purpose of enabling the purchaser to start a
  3 28 the business,; and the seller represents, directly or
  3 29 indirectly, orally or in writing, any of the
  3 30 following:
  3 31    Sec. 10.  Section 523B.1, subsection 3, paragraph
  3 32 b, subparagraph (5), Code 2003, is amended to read as
  3 33 follows:
  3 34    (5)  The renewal or extension of a business
  3 35 opportunity contract or agreement entered into under
  3 36 this chapter or prior to July 1, 1981.
  3 37    Sec. 11.  Section 523B.1, Code 2003, is amended by
  3 38 adding the following new subsection:
  3 39    NEW SUBSECTION.  3A.  "Contract" means any
  3 40 agreement between parties which is express or implied,
  3 41 and which is made orally or in writing.
  3 42    Sec. 12.  Section 523B.1, subsection 4, unnumbered
  3 43 paragraph 1, Code 2003, is amended to read as follows:
  3 44    "Franchise" means a contract or agreement between a
  3 45 seller and a purchaser, express or implied, orally or
  3 46 in writing, where the parties agree to both all of the
  3 47 following:
  3 48    Sec. 13.  Section 523B.1, subsections 9, 10, and
  3 49 12, Code 2003, are amended to read as follows:
  3 50    9.  "Person" means an individual, corporation,
  4  1 trust, partnership, incorporated or unincorporated
  4  2 association, or any other legal entity, provided,
  4  3 however, person the same as defined in section 4.1,
  4  4 except that it does not include a government or
  4  5 governmental subdivision or agency.
  4  6    10.  "Purchaser" means a person who enters into a
  4  7 contract or agreement for the acquisition of a
  4  8 business opportunity or a person to whom an offer to
  4  9 sell a business opportunity is directed.
  4 10    12.  "Sale" or "sell" includes every contract or
  4 11 agreement of for sale, contract to sell, or
  4 12 disposition of, a business opportunity or interest in
  4 13 a business opportunity for value.
  4 14    Sec. 14.  Section 523B.2, subsections 1 through 7,
  4 15 Code 2003, are amended by striking the subsections.
  4 16    Sec. 15.  Section 523B.2, subsection 8, paragraphs
  4 17 a and b, Code 2003, are amended to read as follows:
  4 18    1.  IRREVOCABLE CONSENT TO SERVICE.  A person
  4 19 required to file an irrevocable consent to service of
  4 20 process with the secretary of state as a seller as
  4 21 provided in section 523B.2A shall not act as a seller
  4 22 in the state
  4 23    a.  It is unlawful to offer or sell a business
  4 24 opportunity required to be registered pursuant to this
  4 25 chapter unless the person provides a written
  4 26 disclosure document as filed under subsection 2 is
  4 27 delivered to each purchaser.  The person shall deliver
  4 28 the written disclosure document to the purchaser at
  4 29 least ten business days prior to the earlier of the
  4 30 purchaser's execution by a purchaser of a contract or
  4 31 agreement imposing a binding legal obligation on the
  4 32 purchaser or the payment by a purchaser of any
  4 33 consideration in connection with the offer or sale of
  4 34 the business opportunity.
  4 35    b. 2.  DISCLOSURE DOCUMENT COVER SHEET.  The
  4 36 disclosure document shall have a cover sheet which is
  4 37 entitled, shall consist of a title printed in bold and
  4 38 a statement.  The title and statement shall be in at
  4 39 least ten point bold type, "DISCLOSURE REQUIRED BY
  4 40 IOWA LAW." and shall appear as follows:  
  4 41             DISCLOSURE REQUIRED BY IOWA LAW
  4 42 Under the title shall appear the following statement
  4 43 in at least ten point type:  "The The registration of
  4 44 this business opportunity does not constitute
  4 45 approval, recommendation, or endorsement by the state
  4 46 of Iowa.  The information contained in this disclosure
  4 47 document has not been verified by this state.  If you
  4 48 have any questions or concerns about this investment,
  4 49 seek professional advice before you sign a contract or
  4 50 make any payment.  You are to be provided ten (10)
  5  1 business days to review this document before signing a
  5  2 contract or agreement or making any payment to the
  5  3 seller or the seller's representative."
  5  4 representative.
  5  5    The seller's name and principal business address,
  5  6 along with the date of the disclosure document, shall
  5  7 also be provided on the cover sheet.  No other
  5  8 information shall appear on the cover sheet.
  5  9    3.  DISCLOSURE DOCUMENT CONTENTS.  A disclosure
  5 10 document shall be in one of the following forms:
  5 11    a.  A uniform franchise offering circular prepared
  5 12 in accordance with the guidelines adopted by the North
  5 13 American securities administrators association, inc.,
  5 14 as amended through the effective date of this Act.
  5 15    b.  A disclosure document prepared pursuant to the
  5 16 federal trade commission rule relating to disclosure
  5 17 requirements and prohibitions concerning franchising
  5 18 and business opportunity ventures in accordance with
  5 19 16 C.F.R. } 436.
  5 20    c.  A form that includes all of the following:
  5 21    Sec. 16.  Section 523B.2, subsection 8, paragraph
  5 22 c, unnumbered paragraph 1, Code 2003, is amended by
  5 23 striking the unnumbered paragraph.
  5 24    Sec. 17.  Section 523B.2, subsection 8, paragraph
  5 25 c, subparagraphs (13), (17), (18), (19), and (20),
  5 26 Code 2003, are amended to read as follows:
  5 27    (13)  The business opportunity seller that secures
  5 28 a bond pursuant to subsection 10 shall include in the
  5 29 disclosure document the following statement:  "As
  5 30 required by the state of Iowa, the seller has secured
  5 31 a bond issued by [insert name and address of surety
  5 32 company], a surety company, authorized to do business
  5 33 in this state.  Before signing a contract or agreement
  5 34 to purchase this business opportunity, you should
  5 35 check with the surety company to determine the bond's
  5 36 current status."
  5 37    (17)  A statement describing any contractual
  5 38 restrictions, prohibitions, or limitations on the
  5 39 purchaser's conduct.  Attach a copy of all business
  5 40 opportunities and other contracts or agreements
  5 41 proposed for use or in use in this state including,
  5 42 without limitation, all lease agreements, option
  5 43 agreements, and purchase agreements.
  5 44    (18)  The rights and obligations of the seller and
  5 45 the purchaser regarding termination of the business
  5 46 opportunity contract or agreement.
  5 47    (19)  A statement accurately describing the grounds
  5 48 upon which the purchaser may initiate legal action to
  5 49 terminate the business opportunity contract or
  5 50 agreement.
  6  1    (20)  A copy of the most recent audited financial
  6  2 statement of the seller, prepared within thirteen
  6  3 months of the first offer in this state, together with
  6  4 a statement of any material changes in the financial
  6  5 condition of the seller from that date.  The
  6  6 administrator may allow the seller to submit a limited
  6  7 review in order to satisfy the requirements of
  6  8 subparagraph (13).
  6  9    Sec. 18.  Section 523B.2, subsection 8, paragraph
  6 10 c, subparagraph (25), Code 2003, is amended by
  6 11 striking the subparagraph.
  6 12    Sec. 19.  Section 523B.2, subsection 9, paragraphs
  6 13 a and b, Code 2003, are amended to read as follows:
  6 14    a.  It is unlawful to A person shall not offer or
  6 15 sell a business opportunity required to be registered
  6 16 unless the a business opportunity contract or
  6 17 agreement is in writing and a copy of the contract or
  6 18 agreement is given provided to the purchaser at the
  6 19 time the purchaser signs executes the contract or
  6 20 agreement.
  6 21    b.  The contract or agreement is subject to this
  6 22 chapter and section 714.16.
  6 23    Sec. 20.  Section 523B.2, subsection 9, paragraph
  6 24 c, unnumbered paragraph 1, Code 2003, is amended to
  6 25 read as follows:
  6 26    Contracts or agreements A business opportunity
  6 27 contract shall set forth in at least ten point type or
  6 28 equivalent size, if handwritten, all of the following:
  6 29    Sec. 21.  Section 523B.2, subsection 10, Code 2003,
  6 30 is amended by striking the subsection.
  6 31    Sec. 22.  NEW SECTION.  523B.2A  SERVICE OF
  6 32 PROCESS.
  6 33    1.  A person shall not act as a seller in this
  6 34 state unless the person has filed an irrevocable
  6 35 consent of service of process with the secretary of
  6 36 state on a form approved by the secretary of state.
  6 37 The form shall appoint the secretary of state to be
  6 38 the seller's attorney to receive service of process
  6 39 for any lawful process in a noncriminal suit, action,
  6 40 or proceeding against the seller or the seller's
  6 41 successor, executor, or administrator which arises
  6 42 under this chapter after the consent has been filed.
  6 43 Service of process delivered to the secretary of state
  6 44 shall have the same force and validity as if served
  6 45 personally on the person filing the consent.
  6 46    2.  A person who engages in conduct prohibited or
  6 47 made actionable under this chapter and who has not
  6 48 filed a consent to service of process is deemed to
  6 49 have appointed the attorney general to be the person's
  6 50 attorney for purposes of service of process in a
  7  1 noncriminal suit, action, or proceeding against the
  7  2 person or the person's successor, executor, or
  7  3 administrator, which is the result of that conduct and
  7  4 which is brought under this chapter, including a rule
  7  5 adopted or order issued under this chapter.  Service
  7  6 of process shall be made by leaving a copy of the
  7  7 process in the office of the attorney general.
  7  8 Service of process is effective after both of the
  7  9 following have occurred:
  7 10    a.  The plaintiff, who may be the attorney general,
  7 11 in a suit, action, or proceeding instituted by the
  7 12 attorney general, sends notice of the service and a
  7 13 copy of the process by certified mail or restricted
  7 14 certified mail to the defendant's or respondent's last
  7 15 known address or takes other steps which are
  7 16 reasonably calculated to give actual notice.
  7 17    b.  The plaintiff's affidavit of compliance with
  7 18 this subsection is filed on or before the return day
  7 19 of the process, if any, or within such further time as
  7 20 the court allows.
  7 21    3.  When process is served under this section, the
  7 22 court, or the attorney general in a proceeding before
  7 23 the attorney general, shall order such continuance as
  7 24 may be necessary to afford the defendant or respondent
  7 25 reasonable opportunity to defend.
  7 26    Sec. 23.  Section 523B.3, Code 2003, is amended to
  7 27 read as follows:
  7 28    523B.3  EXEMPTIONS FROM REGISTRATION AND DISCLOSURE
  7 29 REQUIREMENTS.
  7 30    1.  EXEMPTIONS.  The following business
  7 31 opportunities are exempt from the requirements of
  7 32 section 523B.2:
  7 33    a. 1.  The offer or sale of a business opportunity
  7 34 if the purchaser is a bank, savings and loan
  7 35 association, trust company, insurance company, credit
  7 36 union, or investment company as defined by the federal
  7 37 Investment Company Act of 1940, a pension or profit-
  7 38 sharing trust, or other financial institution or
  7 39 institutional buyer, or a broker-dealer registered
  7 40 pursuant to chapter 502, whether the purchaser is
  7 41 acting for itself or in a fiduciary capacity.
  7 42    b. 2.  a.  The An offer or sale of a business
  7 43 opportunity which is defined as a franchise under
  7 44 section 523B.1, subsection 4, provided that the seller
  7 45 delivers to each purchaser at the earlier of the first
  7 46 personal meeting between the seller and the purchaser,
  7 47 or ten business days prior to the earlier of the
  7 48 execution by a purchaser of a contract or agreement
  7 49 imposing a binding legal obligation on the purchaser
  7 50 or the payment by a purchaser of any consideration in
  8  1 connection with the offer or sale of the business
  8  2 opportunity, one of the following disclosure
  8  3 documents:
  8  4    (1)  A uniform franchise-offering circular prepared
  8  5 in accordance with the guidelines adopted by the North
  8  6 American securities administrators association, inc.,
  8  7 as amended through September 21, 1983.
  8  8    (2)  A disclosure document prepared pursuant to the
  8  9 federal trade commission rule entitled "Disclosure
  8 10 requirements and prohibitions concerning franchising
  8 11 and business opportunity ventures", 16 C.F.R. } 436
  8 12 (1979).
  8 13    b.  For the purposes of this paragraph subsection,
  8 14 a personal meeting means a face-to-face meeting
  8 15 between the purchaser and the seller or their
  8 16 representatives, which is held for the purpose of
  8 17 discussing the offer or sale of a business
  8 18 opportunity.  The administrator attorney general may
  8 19 by rule adopt any amendment to the uniform franchise-
  8 20 offering circular that has been adopted by the North
  8 21 American securities administrators association, inc.,
  8 22 or any amendment to the disclosure document prepared
  8 23 pursuant to the federal trade commission rule entitled
  8 24 "Disclosure requirements and prohibitions concerning
  8 25 franchising and business opportunity ventures", 16
  8 26 C.F.R. } 436 (1979), that has been adopted by the
  8 27 federal trade commission.
  8 28    c. 3.  The offer or sale of a business opportunity
  8 29 for which the cash payment made by a purchaser does
  8 30 not exceed five hundred dollars and the payment is
  8 31 made for the not-for-profit sale of sales
  8 32 demonstration equipment, material, or samples, or the
  8 33 payment is made for product inventory sold to the
  8 34 purchaser at a bona fide wholesale price.
  8 35    d.  The offer or sale of a business opportunity
  8 36 which the administrator exempts by order or a class of
  8 37 business opportunities which the administrator exempts
  8 38 by rule upon the finding that the exemption would not
  8 39 be contrary to public interest and that registration
  8 40 would not be necessary or appropriate for the
  8 41 protection of purchasers.
  8 42    2.  Denial or revocation of exemptions.
  8 43    a.  If the public interest of the protection of
  8 44 purchasers so requires, the administrator may by order
  8 45 deny or revoke an exemption specified in this section
  8 46 with respect to a particular offering of one or more
  8 47 business opportunities.  An order shall not be entered
  8 48 without appropriate prior notice to all interested
  8 49 parties, opportunity for hearing, and written findings
  8 50 of fact and conclusions of law.
  9  1    b.  If the public interest or the protection of
  9  2 purchasers so requires, the administrator may by order
  9  3 summarily deny or revoke any of the specified
  9  4 exemptions pending final determination of any
  9  5 proceedings under this section.  Upon entry of the
  9  6 order, the administrator shall promptly notify all
  9  7 interested parties that it has been entered and of the
  9  8 reasons for entering the order and that within fifteen
  9  9 days of the receipt of a written request the matter
  9 10 will be set down for hearing.  If a hearing is not
  9 11 requested the order shall remain in effect until it is
  9 12 modified or vacated by the administrator.  If a
  9 13 hearing is requested or ordered, the administrator
  9 14 shall not modify or vacate the order or extend it
  9 15 until final determination.
  9 16    c.  An order under this section shall not operate
  9 17 retroactively.
  9 18    d.  A person does not violate section 523B.2 by
  9 19 reason of an offer or sale effected after the entry of
  9 20 an order under paragraph "b" if the person sustains
  9 21 the burden of proof that the person did not know, and
  9 22 in the exercise of reasonable care could not have
  9 23 known, of the order.
  9 24    3.  BURDEN OF PROOF.  In an administrative, civil,
  9 25 or criminal proceeding related to this chapter, the
  9 26 burden of proving an exemption, an exception from a
  9 27 definition, or an exclusion from this chapter, is upon
  9 28 the person claiming it.
  9 29    Sec. 24.  Section 523B.7, subsection 1, Code 2003,
  9 30 is amended to read as follows:
  9 31    1.  a.  A person who violates requirements for
  9 32 disclosure and the contents of business opportunity
  9 33 contracts pursuant to section 523B.2, subsection 1, 8,
  9 34 or 9, is liable to the purchaser in an action for
  9 35 recision of the agreement contract, or for recovery of
  9 36 all money or other valuable consideration paid for the
  9 37 business opportunity, and for actual damages together
  9 38 with interest as determined pursuant to section 668.13
  9 39 from the date of sale, reasonable attorney's fees, and
  9 40 court costs.
  9 41    b.  A person who violates provides misleading
  9 42 advertising as provided in section 523B.12, subsection
  9 43 2 or 3, is liable to the purchaser who may sue either
  9 44 at law or in equity for recision of the contract, or
  9 45 for recovery of all money or other valuable
  9 46 consideration paid for the business opportunity, and
  9 47 for the recovery of treble damages together with
  9 48 interest as determined pursuant to section 668.13 from
  9 49 the date of sale, reasonable attorney's fees, and
  9 50 court costs.
 10  1    c.  A person who violates disclosure requirements
 10  2 of section 523B.2, subsection 8, or who provides
 10  3 misleading advertising as provided in section 523B.12,
 10  4 subsection 2 or 3, or who breaches a business
 10  5 opportunity contract or agreement or an obligation
 10  6 arising under the contract or agreement, is liable to
 10  7 the purchaser who.  The purchaser may sue the surety
 10  8 of the seller's bond, either at law or in equity, to
 10  9 recover all money or other valuable consideration paid
 10 10 for the business opportunity and actual damages,
 10 11 together with interest as determined pursuant to
 10 12 section 668.13 from the date of sale, reasonable
 10 13 attorney's fees, and court costs.  The liability of
 10 14 the surety shall not exceed the amount of the bond.
 10 15    Sec. 25.  Section 523B.8, Code 2003, is amended to
 10 16 read as follows:
 10 17    523B.8  POWERS OF ADMINISTRATOR ENFORCEMENT.
 10 18    1.  a.  Upon the administrator's attorney general's
 10 19 determination that a person has engaged, is engaging,
 10 20 or is about to engage in any act or practice
 10 21 constituting a violation of this chapter or, including
 10 22 a rule adopted or order adopted or issued under this
 10 23 chapter, the administrator attorney general may issue
 10 24 a summary order directing the person to cease and
 10 25 desist from engaging in the act or practice or to take
 10 26 other affirmative action as in the judgment of the
 10 27 administrator attorney general is necessary to comply
 10 28 with the requirements of this chapter.
 10 29    b.  If a hearing is not timely requested the person
 10 30 against whom the order is made does not contest the
 10 31 order as provided in chapter 17A, the summary order
 10 32 becomes final by operation of law.  The order shall
 10 33 remain effective from the date of issuance until the
 10 34 date the order becomes final by operation of law or is
 10 35 overturned by a presiding officer or court following a
 10 36 request for hearing after the order is contested.  A
 10 37 person who has been issued a summary order under this
 10 38 subsection may contest it by filing a request for may
 10 39 initiate a contested case proceeding as provided in
 10 40 chapter 17A and in accordance with the rules adopted
 10 41 by the administrator attorney general.  However, the
 10 42 person shall have at least thirty days from the date
 10 43 that the order is issued in order to file the request
 10 44 initiate the contested case proceeding.  Section
 10 45 17A.18A is inapplicable to a summary order issued
 10 46 under this subsection.
 10 47    c.  A person violating a summary order issued under
 10 48 this subsection shall be deemed in contempt of that
 10 49 order.  The administrator attorney general may
 10 50 petition the district court to enforce the order as
 11  1 certified by the administrator attorney general.  The
 11  2 district court shall adjudge the person in contempt of
 11  3 the order if the court finds after a hearing that the
 11  4 person is not in compliance with the order.  The court
 11  5 shall assess a civil penalty against the person in an
 11  6 amount not less than three thousand dollars but not
 11  7 greater than ten thousand dollars per violation, and
 11  8 may issue further orders as it deems appropriate.
 11  9    A consent agreement between the administrator
 11 10 attorney general and the seller may be filed in the
 11 11 miscellaneous docket of the clerk of the district
 11 12 court.
 11 13    2.  a.  The administrator attorney general shall
 11 14 conduct investigations necessary to administer and
 11 15 enforce this chapter.  The attorney general may do any
 11 16 of the following:
 11 17    (1)  Make public or private investigations within
 11 18 or outside of this state as the administrator attorney
 11 19 general deems necessary to determine whether a person
 11 20 has violated or is about to violate a provision of
 11 21 this chapter or, including a rule adopted or order
 11 22 issued under this chapter, or to aid in the
 11 23 enforcement of this chapter or in the prescribing of
 11 24 rules and forms under this chapter.
 11 25    (2)  Notwithstanding chapter 22, keep confidential
 11 26 the information obtained in the course of an
 11 27 investigation.  However, if the administrator attorney
 11 28 general determines that it is necessary or appropriate
 11 29 in the public interest or for the protection of the
 11 30 public, the administrator attorney general shall share
 11 31 information with the insurance division of the
 11 32 department of commerce, or with other regulatory
 11 33 authorities or governmental agencies, or may publish
 11 34 information concerning a violation of this chapter or
 11 35 a rule adopted or order issued under this chapter.
 11 36    (3)  Require or permit a person to file a
 11 37 statement, under oath or otherwise as the
 11 38 administrator attorney general determines, as to all
 11 39 the facts and circumstances concerning the matter to
 11 40 be investigated.
 11 41    (4)  Publish information concerning a violation of
 11 42 this chapter or, including a violation of a rule or
 11 43 order under this chapter.
 11 44    b.  For the purpose of an investigation or
 11 45 proceeding under enforcing this chapter, the
 11 46 administrator or an officer designated by the
 11 47 administrator attorney general may administer oaths
 11 48 and affirmations, subpoena witnesses, compel the
 11 49 attendance of witnesses, take evidence and require the
 11 50 production of records which the administrator attorney
 12  1 general deems relevant or material to the inquiry.
 12  2    c.  If a person resists or refuses to obey a
 12  3 subpoena issued to that person, the district court
 12  4 upon application by the administrator attorney general
 12  5 may issue to the person an order requiring the person
 12  6 to appear before the administrator attorney general,
 12  7 to produce documentary evidence if so ordered, or to
 12  8 give evidence related to the matter under
 12  9 investigation.  Failure to obey the order of the court
 12 10 is punishable as a contempt of court.
 12 11    d.  A person is not excused from attending and
 12 12 testifying or from producing a document or record
 12 13 before the administrator or an officer designated by
 12 14 the administrator attorney general, on the grounds
 12 15 that the testimony or evidence, documentary or
 12 16 otherwise, required by the administrator attorney
 12 17 general may tend to incriminate the person or subject
 12 18 the person to a penalty or forfeiture.  However, an
 12 19 individual shall not be prosecuted or subjected to a
 12 20 penalty or forfeiture on account of a transaction,
 12 21 matter, or thing concerning which the person is
 12 22 compelled, after claiming the person's privilege
 12 23 against self-incrimination, to testify or produce,
 12 24 except that the individual testifying is not exempt
 12 25 from prosecution and punishment for perjury or
 12 26 contempt related to such testimony.
 12 27    3.  Judicial review of a decision of the
 12 28 administrator may be sought under chapter 17A.
 12 29    4. 3.  a.  If it appears to the administrator
 12 30 attorney general that a person has engaged, is
 12 31 engaged, or is about to engage in any act or practice
 12 32 constituting a violation of this chapter, or of
 12 33 including a rule adopted or order adopted or issued
 12 34 under this chapter, the administrator attorney general
 12 35 may bring an action in the district court to enjoin
 12 36 the acts act or practices practice constituting the
 12 37 violation and to enforce compliance with this chapter
 12 38 or any rule or order adopted or issued pursuant to
 12 39 this chapter.  Upon a proper showing a permanent or
 12 40 temporary injunction shall be granted and a receiver
 12 41 or conservator may be appointed for the defendant or
 12 42 the defendant's assets.  Upon proper showing by the
 12 43 administrator attorney general, the court may enter an
 12 44 order of recision, restitution, or disgorgement, as
 12 45 well as prejudgment and postjudgment interest,
 12 46 directed at any person who has engaged in an act
 12 47 constituting a violation of this chapter.
 12 48    b.  The administrator attorney general, in bringing
 12 49 an injunctive action under paragraph "a", shall not be
 12 50 required to post bond.
 13  1    4.  The attorney general may refer available
 13  2 evidence concerning a possible violation of chapter
 13  3 502 to the insurance division of the department of
 13  4 commerce.
 13  5    5.  The attorney general may institute appropriate
 13  6 criminal proceedings or may direct the case to the
 13  7 appropriate county attorney to institute appropriate
 13  8 criminal proceedings.
 13  9    Sec. 26.  Section 523B.10, Code 2003, is amended to
 13 10 read as follows:
 13 11    523B.10  RULES.
 13 12    The administrator attorney general may adopt rules
 13 13 according to chapter 17A as necessary or appropriate
 13 14 for the protection of purchasers and to implement the
 13 15 purposes of this and the provisions of this chapter as
 13 16 required to administer and enforce this chapter,
 13 17 including but not limited to rules governing
 13 18 registrations, applications, disclosure statements,
 13 19 and reports.  In adopting rules the administrator
 13 20 shall co-operate with agency administrators of other
 13 21 states and the federal trade commission to achieve
 13 22 uniformity in the form and content of registrations,
 13 23 applications and reports as practicable.
 13 24    Sec. 27.  Section 523B.11, Code 2003, is amended to
 13 25 read as follows:
 13 26    523B.11  PENALTIES.
 13 27    1.  a.  A seller who willfully violates
 13 28 requirements for disclosure and the contents of
 13 29 business opportunity contracts pursuant to section
 13 30 523B.2, subsection 1, 8, or 9, or who provides
 13 31 misleading advertising as provided in section 523B.12,
 13 32 subsection 2, who willfully violates a rule under this
 13 33 chapter, who willfully violates an order of which the
 13 34 person has notice, or who violates section 523B.12,
 13 35 subsection 1, knowing that the statement made was
 13 36 false or misleading in any material respect, upon
 13 37 conviction, is guilty of a class "D" felony.
 13 38 Otherwise, a person who violates a rule adopted or
 13 39 order issued under this chapter is, upon conviction,
 13 40 guilty of an aggravated misdemeanor.  Each of the acts
 13 41 specified constitutes a separate offense and a
 13 42 prosecution or conviction for any one of such offenses
 13 43 does not bar prosecution or conviction for any other
 13 44 offense.
 13 45    2.  A business opportunity contract is subject to
 13 46 section 714.16.
 13 47    3.  A seller who willfully uses any device or
 13 48 scheme to defraud a person in connection with the an
 13 49 advertisement, offer to sell or lease, sale, or lease
 13 50 of a business opportunity, or who willfully violates
 14  1 any other provision of this chapter, except as
 14  2 provided in subsections 1 and 3, subsection 1 is, upon
 14  3 conviction, guilty of a fraudulent practice as
 14  4 provided in chapter 714.
 14  5    3.  A seller who violates a rule or order adopted
 14  6 or issued under this chapter is, upon conviction,
 14  7 guilty of an aggravated misdemeanor.
 14  8    4.  The administrator may refer available evidence
 14  9 concerning a possible violation of this chapter or of
 14 10 a rule or order issued under this chapter to the
 14 11 attorney general.  The attorney general, with or
 14 12 without such a referral, may institute appropriate
 14 13 criminal proceedings or may direct the case to the
 14 14 appropriate county attorney to institute appropriate
 14 15 criminal proceedings.
 14 16    Sec. 28.  Section 523B.12, subsections 1, 2, and 3,
 14 17 Code 2003, are amended to read as follows:
 14 18    1.  MISLEADING FILINGS STATEMENTS.  It is unlawful
 14 19 to A person shall not make or cause to be made, a
 14 20 misleading statement in a disclosure document filed
 14 21 with the administrator required pursuant to section
 14 22 523B.2 or in a proceeding under this chapter, a
 14 23 statement which is, at.  The statement shall be deemed
 14 24 to be misleading if any of the following applies:
 14 25    a.  At the time and in the light of the
 14 26 circumstances under which it is made, the statement is
 14 27 false or misleading in a material respect or, in
 14 28 connection with such a statement, to omit to state.
 14 29    b.  An omission of a material fact is necessary in
 14 30 order to make the statement made, in the light of the
 14 31 circumstances under which it is made, not misleading.
 14 32    2.  UNLAWFUL REPRESENTATIONS.  The fact that an
 14 33 application for registration has been filed or the
 14 34 fact that a business opportunity is effectively
 14 35 registered does not constitute a finding by the
 14 36 administrator that a document filed under this chapter
 14 37 is true, complete, and not misleading.  The fact that
 14 38 an application for registration has been filed, that a
 14 39 business opportunity is effectively registered, or
 14 40 that an exemption or exception is available for a
 14 41 business opportunity does not mean that the
 14 42 administrator has passed in any way upon the merits or
 14 43 qualifications of, or recommended or given approval
 14 44 to, a person or business opportunity.  It is unlawful
 14 45 to make, or cause to be made, to a purchaser, any
 14 46 representation inconsistent with this subsection.
 14 47    3. 2.  ADVERTISING.  It is unlawful for a A seller
 14 48 shall not, in connection with the offer or sale of a
 14 49 business opportunity in this state, to publish,
 14 50 circulate, or use advertising which contains an untrue
 15  1 statement of a material fact or omits to state a
 15  2 material fact necessary in order to make the
 15  3 statements made, in the light of the circumstances
 15  4 under which they are made, not misleading.
 15  5    Sec. 29.  Section 523B.12, subsection 4, unnumbered
 15  6 paragraph 1, Code 2003, are amended to read as
 15  7 follows:
 15  8    It is unlawful for a business opportunity A seller
 15  9 to of a business opportunity shall not do any of the
 15 10 following:
 15 11    Sec. 30.  Section 523B.12, subsection 4, paragraphs
 15 12 d, f, h, and j, Code 2003, are amended to read as
 15 13 follows:
 15 14    d.  Misrepresent the training and management
 15 15 assistance available to the business opportunity
 15 16 purchaser.
 15 17    f.  Misrepresent, by failure to disclose or
 15 18 otherwise, the termination, transfer, or renewal
 15 19 provision of a business opportunity agreement
 15 20 contract.
 15 21    h.  Assign a so-called exclusive territory
 15 22 encompassing the same area to more than one business
 15 23 opportunity purchaser.
 15 24    j.  Provide merchandise, machines, or displays of a
 15 25 brand or kind substantially different from or inferior
 15 26 to those promised by the business opportunity seller.
 15 27    Sec. 31.  Section 523B.13, subsections 5 and 6,
 15 28 Code 2003, are amended by striking the subsections.
 15 29    Sec. 32.  Section 523B.5, Code 2003, is repealed.  
 15 30                      DIVISION III
 15 31                  RETIREMENT FACILITIES
 15 32    Sec. 33.  Section 523D.1, subsection 1, Code 2003,
 15 33 is amended by striking the subsection.
 15 34    Sec. 34.  Section 523D.3, subsection 1, unnumbered
 15 35 paragraph 1, Code 2003, is amended to read as follows:
 15 36    At the time of, or prior to, the execution of a
 15 37 contract to provide continuing care or senior adult
 15 38 congregate living services, or at the time of, or
 15 39 prior to the provider's acceptance of part or all of
 15 40 the entrance fee by or on behalf of a prospective
 15 41 resident, whichever occurs first, the provider shall
 15 42 deliver a an initial disclosure statement to the
 15 43 person, and to the person's personal representative if
 15 44 one is appointed, with whom the contract is to be
 15 45 entered into.  Unless incorporated by reference, in
 15 46 whole or in part, the initial disclosure statement
 15 47 shall not constitute part of the contract between the
 15 48 resident and provider.  The initial disclosure
 15 49 statement shall contain all of the following
 15 50 information unless the information is in the contract,
 16  1 a copy of which must be attached to the statement:
 16  2    Sec. 35.  Section 523D.3, subsection 1, paragraph
 16  3 c, subparagraph (4), Code 2003, is amended to read as
 16  4 follows:
 16  5    (4)  A description of any matter in which the
 16  6 person is subject to a currently effective injunctive
 16  7 or restrictive order of a court, or a description of
 16  8 any matter within the past five years where the person
 16  9 has had a state or federal license or permit suspended
 16 10 or revoked as a result of an action brought by a
 16 11 governmental agency of this or any state or the
 16 12 division of insurance, arising out of or relating to
 16 13 business activity or health care, including, without
 16 14 limitation, actions affecting a license to operate a
 16 15 foster care facility, health care facility, retirement
 16 16 home, home for the aged, or facility licensed under
 16 17 this chapter or a similar law of another state.
 16 18    Sec. 36.  Section 523D.3, subsection 1, paragraph
 16 19 k, Code 2003, is amended to read as follows:
 16 20    k.  Other material information concerning the
 16 21 facility or the provider required by the division of
 16 22 insurance or which the provider wishes to include.
 16 23    Sec. 37.  Section 523D.3, subsection 2, unnumbered
 16 24 paragraph 1, Code 2003, is amended to read as follows:
 16 25    The provider shall file with the insurance
 16 26 division, prepare annually within five months
 16 27 following the end of the provider's fiscal year, an
 16 28 annual disclosure statement which shall contain the
 16 29 information required by this chapter for the initial
 16 30 disclosure statement.  The disclosure statement shall
 16 31 be available for review at the facility by a resident,
 16 32 prospective resident, or that person's personal
 16 33 representative.  The annual disclosure statement shall
 16 34 also be accompanied by a narrative describing:
 16 35    Sec. 38.  Section 523D.3, subsections 3 and 4, Code
 16 36 2003, are amended to read as follows:
 16 37    3.  In the event an amendment is filed with the
 16 38 division of insurance pursuant to subsection 4, the
 16 39 provider shall deliver a copy of the amendment or the
 16 40 amended disclosure statement to a prospective resident
 16 41 and to a prospective resident's personal
 16 42 representative if one is appointed prior to the
 16 43 provider's acceptance of part or all of the entrance
 16 44 fee or the execution of the continuing care or senior
 16 45 congregate living services contract by the prospective
 16 46 resident.
 16 47    4. 3.  a.  In addition to filing the annual
 16 48 disclosure statement, the provider may amend its
 16 49 currently filed disclosure statement at any other time
 16 50 if, in the opinion of the provider, an amendment is
 17  1 necessary to prevent the disclosure statement and
 17  2 annual disclosure statement from containing any
 17  3 material misstatement of fact or omission to state a
 17  4 material fact required to be included in the
 17  5 statement.  The amendment or amended disclosure
 17  6 statement shall be filed with the division of
 17  7 insurance before the statement is delivered to a
 17  8 resident or prospective resident and a personal
 17  9 representative of a resident or prospective resident
 17 10 and is subject to all the requirements, including
 17 11 those as to content and delivery, of this chapter.
 17 12    b.  If an amendment to an initial disclosure
 17 13 statement is prepared, the provider shall deliver a
 17 14 copy of the amendment or the amended disclosure
 17 15 statement to a prospective resident or to a
 17 16 prospective resident's personal representative if one
 17 17 is appointed prior to the provider's acceptance of
 17 18 part or all of the entrance fee or the execution of
 17 19 the continuing care or senior congregate living
 17 20 services contract by the prospective resident.  If an
 17 21 amendment to an annual disclosure statement is
 17 22 prepared, the provider shall make a copy of the
 17 23 amendment or the amended disclosure statement for
 17 24 review at the facility to a prospective resident, a
 17 25 resident, or a personal representative of the
 17 26 prospective resident or resident.
 17 27    Sec. 39.  Section 523D.4, subsection 2, Code 2003,
 17 28 is amended to read as follows:
 17 29    2.  A provider shall not file with the division of
 17 30 insurance or make, publish, disseminate, circulate, or
 17 31 deliver to any person or place before the public, or
 17 32 cause, directly or indirectly, to be made, published,
 17 33 disseminated, circulated, or delivered to any person
 17 34 or placed before the public, a financial statement
 17 35 which does not meet generally accepted accounting
 17 36 principles.
 17 37    Sec. 40.  Section 523D.5, subsections 1 and 2, Code
 17 38 2003, are amended by striking the subsections.
 17 39    Sec. 41.  Section 523D.5, subsections 3 and 4, Code
 17 40 2003, are amended to read as follows:
 17 41    3.  CONSTRUCTION.  New construction shall not begin
 17 42 until the filing required by this section has been
 17 43 made and at least fifty percent of the proposed number
 17 44 of independent living units in the initial stage or
 17 45 phase have been reserved pursuant to executed
 17 46 contracts and at least ten percent of the entrance
 17 47 fees required by those contracts are held in escrow
 17 48 pursuant to this chapter.  However, the requirements
 17 49 of this subsection may be waived by the commissioner
 17 50 by rule or order upon a showing of good cause.
 18  1 disregarded if the provider has done any of the
 18  2 following:
 18  3    For purposes of this subsection, "good cause"
 18  4 includes, but is not limited to, evidence of the
 18  5 following:
 18  6    a.  Secured financing adequate in an amount and
 18  7 term to complete the project described in the filing
 18  8 required by this section.
 18  9    b.  Cash Provided cash reserves adequate in an
 18 10 amount to operate the facility for twenty-four months
 18 11 based upon reasonable projections of income and
 18 12 expenses.
 18 13    c.  Creation of Created an escrow account in which
 18 14 a resident's entrance fee or purchase price will be
 18 15 deposited, if the terms of the escrow agreement
 18 16 provide reasonable protection from loss until at least
 18 17 fifty percent of the proposed number of independent
 18 18 living units in the initial stage or phase have been
 18 19 reserved.
 18 20    4.  ESCROW REQUIREMENTS.  Unless proof has been
 18 21 submitted to the commissioner that the conditions for
 18 22 the release of escrowed funds set forth in this
 18 23 section have already been met, the a provider shall
 18 24 establish an interest-bearing escrow account at a
 18 25 state or federally regulated financial institution
 18 26 located within this state to receive any deposits or
 18 27 entrance fees or portions of deposits or fees for a
 18 28 living unit which has not been previously occupied by
 18 29 a resident for which an entry fee arrangement is used.
 18 30 The escrow account agreement shall be entered into
 18 31 between the financial institution and the provider
 18 32 with the financial institution as the escrow agent and
 18 33 as a fiduciary for the resident or prospective
 18 34 resident.  The agreement shall state that the purpose
 18 35 of the escrow account is to protect the resident or
 18 36 prospective resident and that the funds deposited
 18 37 shall be kept and maintained in an account separate
 18 38 and apart from the provider's business accounts.
 18 39    Sec. 42.  Section 523D.5, subsection 5, paragraph
 18 40 c, unnumbered paragraph 1, Code 2003, is amended to
 18 41 read as follows:
 18 42    Except as provided by paragraphs "a" and "b",
 18 43 amounts held in escrow shall be released only upon
 18 44 approval of the commissioner.  The commissioner shall
 18 45 approve the release of funds only upon a determination
 18 46 that at least one of the following conditions has been
 18 47 satisfied:
 18 48    Sec. 43.  Section 523D.6, subsection 1, unnumbered
 18 49 paragraph 1, Code 2003, is amended to read as follows:
 18 50    In addition to any other provisions prescribed by
 19  1 rules adopted under this chapter, each A contract
 19  2 providing for continuing care or senior adult
 19  3 congregate living services by a provider shall be
 19  4 written in nontechnical language easily understood by
 19  5 a lay person and shall include all of the following:
 19  6    Sec. 44.  Section 523D.7, subsection 3, Code 2003,
 19  7 is amended to read as follows:
 19  8    3.  A person shall not file or maintain an action
 19  9 under this section if the person, before filing the
 19 10 action, received an offer to refund, payable upon
 19 11 acceptance, all amounts paid the provider, facility,
 19 12 or person violating this chapter, together with
 19 13 interest from the date of payment, less the reasonable
 19 14 value of care and lodging provided prior to receipt of
 19 15 the offer, and the person failed to accept the offer
 19 16 within thirty days of its receipt.  At the time a
 19 17 provider makes a written offer of refund, the provider
 19 18 shall file a copy with the division of insurance.  The
 19 19 refund offer shall refer to the provisions of this
 19 20 section.
 19 21    Sec. 45.  Section 523D.7, subsection 5, Code 2003,
 19 22 is amended by striking the subsection.
 19 23    Sec. 46.  Section 523D.8, subsection 1, Code 2003,
 19 24 is amended to read as follows:
 19 25    1.  A person who willfully and knowingly violates a
 19 26 provision of this chapter or a rule adopted or order
 19 27 entered pursuant to this chapter, upon conviction, is
 19 28 guilty of an aggravated misdemeanor.
 19 29    Sec. 47.  NEW SECTION.  523D.11  CONSTRUCTION WITH
 19 30 OTHER LAW.
 19 31    This chapter does not limit a person's liability
 19 32 under another statute or at common law.  The
 19 33 provisions of this chapter as it existed prior to the
 19 34 effective date of this Act shall continue to govern
 19 35 all actions based on facts occurring prior to the
 19 36 effective date of this Act.
 19 37    Sec. 48.  Section 523D.12, subsection 1, Code 2003,
 19 38 is amended by striking the subsection.
 19 39    Sec. 49.  Section 523D.12, subsection 2, unnumbered
 19 40 paragraph 1, Code 2003, is amended to read as follows:
 19 41    The commissioner or the attorney general may, for
 19 42 the purpose of discovering or investigating violations
 19 43 of this chapter or rules adopted pursuant to this
 19 44 chapter do any or all of the following:
 19 45    Sec. 50.  Section 523D.12, subsection 2, paragraphs
 19 46 a and c, Code 2003, are amended to read as follows:
 19 47    a.  Investigate the business and examine the books,
 19 48 accounts, records, and files used by a provider.  With
 19 49 the exception of an examination involving new
 19 50 construction, an examination involving a complaint by
 20  1 a resident or a prospective resident or where good
 20  2 cause exists for the lack of prior notice, as
 20  3 determined by the commissioner attorney general, the
 20  4 division of insurance attorney general shall provide
 20  5 at least seven days' prior notice to the facility
 20  6 before conducting an on-site examination.
 20  7    c.  Apply to the district court for issuance of an
 20  8 order requiring a person's appearance before the
 20  9 commissioner or attorney general.  The person may also
 20 10 be required to produce documentary evidence germane to
 20 11 the subject of the investigation.  Failure to obey a
 20 12 court order under this subsection constitutes contempt
 20 13 of court.
 20 14    Sec. 51.  Section 523D.14, Code 2003, is amended to
 20 15 read as follows:
 20 16    523D.14  INJUNCTIONS.
 20 17    The attorney general may petition the district
 20 18 court in any county of the state for an injunction to
 20 19 restrain a person subject to this chapter and any
 20 20 agents, employees, or associates of the person from
 20 21 engaging in conduct or practices in violation of this
 20 22 chapter or rules adopted pursuant to this chapter.  In
 20 23 a proceeding for an injunction, the attorney general
 20 24 may apply to the court for the issuance of a subpoena
 20 25 to require the appearance of a defendant and the
 20 26 defendant's agents and any documents, books, or
 20 27 records germane to the hearing upon the petition for
 20 28 an injunction.  Upon proof of any of the violations
 20 29 described in the petition for injunction, the court
 20 30 may grant the injunction.
 20 31    Sec. 52.  Sections 523D.2, 523D.9, 523D.10, and
 20 32 523D.13, Code 2003, are repealed."
 20 33    #2.  Title page, line 1, by striking the word
 20 34 "insurance," and inserting the following:  "regulated
 20 35 industries, including the Iowa uniform securities
 20 36 Act,".
 20 37    #3.  By renumbering, redesignating, and correcting
 20 38 internal references as necessary.  
 20 39 
 20 40 
 20 41                               
 20 42 HOFFMAN of Crawford
 20 43 HF 647.504 80
 20 44 jj/pj

Text: H01172                            Text: H01174
Text: H01100 - H01199                   Text: H Index
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