Senate
File
2296
-
Introduced
SENATE
FILE
2296
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
3086)
A
BILL
FOR
An
Act
relating
to
digital
financial
kiosks,
modifying
civil
1
penalties,
and
including
effective
date
and
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2296
Section
1.
Section
533C.1004,
subsection
10,
paragraphs
a
1
and
b,
Code
2026,
are
amended
to
read
as
follows:
2
a.
If
the
attorney
general
has
reasonable
belief
that
an
3
operator
is
in
violation
of
this
section
,
the
attorney
general
4
has
the
sole
authority
to
bring
civil
action
to
provide
for
all
5
of
the
following:
6
(1)
Enjoin
further
violations
by
the
operator.
7
(2)
Enforce
compliance
with
this
section
.
8
(3)
Civil
penalties
in
an
amount
not
more
than
ten
thousand
9
dollars
for
each
violation
of
this
section
.
10
(4)
Other
remedies
permitted
under
law
A
violation
of
this
11
section
is
an
unlawful
practice
under
section
714.16
.
12
b.
If
Notwithstanding
the
civil
penalty
limit
under
13
section
714.16,
subsection
7,
paragraph
“b”
,
if
the
attorney
14
general
has
reasonable
belief
that
a
person
is
in
violation
15
of
an
injunction
issued
under
this
subsection
section
714.16,
16
subsection
2,
paragraph
“t”
,
the
attorney
general
has
the
17
sole
authority
to
bring
a
civil
action
to
provide
for
a
civil
18
penalties
penalty
for
violation
of
the
injunction
in
an
amount
19
not
more
than
one
hundred
thousand
dollars.
20
Sec.
2.
Section
714.16,
subsection
2,
Code
2026,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
t.
It
shall
be
an
unlawful
practice
for
a
23
person
to
violate
section
533C.1004.
24
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
26
Sec.
4.
APPLICABILITY.
This
Act
applies
to
civil
actions
27
commenced
on
or
after
the
effective
date
of
this
Act.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
digital
financial
asset
transaction
32
kiosks.
33
The
bill
strikes
existing
enforcement
and
civil
penalty
34
provisions
that
authorize
the
attorney
general
to
bring
civil
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2296
actions,
seek
injunctions
and
civil
penalties,
and
enforce
1
compliance
for
violations
of
Code
section
533C.1004
(digital
2
financial
asset
transaction
kiosks).
Instead,
the
bill
3
provides
that
a
violation
of
Code
section
533C.1004
constitutes
4
an
unlawful
practice
under
Code
section
714.16
(consumer
5
frauds),
and
subjects
such
violations
to
the
remedies
and
6
enforcement
provisions
available
under
that
section.
7
Under
current
law,
the
attorney
general
may
request
and
a
8
court
may
impose
a
civil
penalty
not
to
exceed
$40,000
per
9
violation
for
unlawful
methods,
acts,
or
practices
under
Code
10
section
714.16.
The
bill
provides
that
notwithstanding
this
11
civil
penalty
limit,
if
the
attorney
general
has
reasonable
12
belief
that
a
person
is
in
violation
of
an
injunction
issued
to
13
enforce
Code
section
533C.1004,
the
attorney
general
may
bring
14
a
civil
action
to
seek
a
civil
penalty
of
up
to
$100,000
for
a
15
violation
of
the
injunction.
16
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