SF 2327 (LSB 6052XS (2) 85)

SENATE FILE 2327

BY  SMITH

A BILL FOR

An Act relating to consumer fraud perpetrated upon an older person, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 714.16A, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  If a person violates section 714.16, and the violation is committed against an older person, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five ten thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of section 714.16, regardless of whether an action has been filed pursuant to section 714.16.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to consumer fraud perpetrated upon an older person.
   Under the bill, if a person commits a violation of Code section 714.16 (consumer fraud), in addition to any other civil penalty imposed, the court may impose a civil penalty not to exceed $10,000 if the victim of the consumer fraud is 65 years of age or older.
   A civil penalty imposed by a court pursuant to the bill is deposited in the elderly victim fund established in Code section 714.16A, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly.