General Assembly: 81 (2005 Regular GA) - Chapter 23 - Civil rights commission — service and delivery of complaints and orders


Published: 2005-04-13

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84LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSIONCH. 22

CH. 22CH. 22

CHAPTER 22

FINANCIAL INSTITUTION OR INSURER NAMES, TRADEMARKS, LOGOS, OR SYMBOLS — PROHIBITED USE

S.F. 74

AN ACT relating to financial institutions and insurers, by prohibiting the deceptive use of name, and providing remedies and penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 547A.1 DEFINITION. As used in this chapter, unless the context otherwise requires, “financial institution” means

the same as defined in section 527.2, and “insurer” means an insurer organized under Title XIII, subtitle 1, or similar laws of any other state or the United States.

Sec. 2. NEW SECTION. 547A.2 MISUSE OF NAME — PENALTY. 1. A person who uses the name, trademark, logo, or symbol of a financial institution or in-

surer in connection with the sale, offering for sale, distribution, or advertising of any product or service without the consent of the financial institution or insurer, if such use is misleading or deceptive as to the source of origin or sponsorship of, or the affiliation with, the product or service, is guilty of a serious misdemeanor. 2. A financial institution or insurer may bring an action to enjoin the misleading or decep-

tive use prohibited in subsection 1 and recover all damages suffered by reason of the prohib- ited use, including reasonable attorney fees. The financial institution or insurer may recover any profits derived from the prohibited use. The state agency with regulatory authority over the financial institution or insurer may also bring an action to enjoin themisleading or decep- tive use prohibited in subsection 1. This subsection does not preclude any other remedy pro- vided by law.

Approved April 13, 2005

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CH. 23CH. 23

CHAPTER 23

CIVIL RIGHTS COMMISSION — SERVICE AND DELIVERY OF COMPLAINTS AND ORDERS

S.F. 215

AN ACTmodifying the certified mail requirement concerning the service and delivery of cer- tain civil rights complaints and orders.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 216.15, subsection 3, paragraph a, Code 2005, is amended to read as fol- lows: a. After the filing of a verified complaint, a true copy shall be served within twenty days by

certifiedmail on the person against whom the complaint is filed. If the first named respondent on a complaint is not a governmental entity, service of a true copy on the respondent shall be by certified mail. An authorized member of the commission staff shall make a prompt inves-

85 LAWS OF THE EIGHTY-FIRST G.A., 2005 SESSION CH. 24

tigation and shall issue a recommendation to an administrative law judge employed either by the commission or by the division of administrative hearings created by section 10A.801, who shall then issue a determination of probable cause or no probable cause.

Sec. 2. Section 216.15, subsection 3, paragraph c, Code 2005, is amended to read as fol- lows: c. If the administrative law judge concurswith the investigating official that probable cause

exists regarding the allegations of the complaint, the staff of the commission shall promptly endeavor to eliminate the discriminatory or unfair practice by conference, conciliation, and persuasion. If the administrative law judge finds that noprobable cause exists, the administra- tive law judge shall issue a final order dismissing the complaint and shall promptlymail a copy to the complainant and to the respondent by certified mail. A finding of probable cause shall not be introduced into evidence in an action brought under section 216.16.

Sec. 3. Section 216.15, subsection 10, Code 2005, is amended to read as follows: 10. If, upon taking into consideration all of the evidence at a hearing, the commission finds

that a respondent has not engaged in any such discriminatory or unfair practice, the commis- sion shall issue an order denying relief and stating the findings of fact and conclusions of the commission, and shall cause a copy of the order dismissing the complaint to be served by certi- fied mail on the complainant and the respondent.

Sec. 4. Section 216.17, subsection 1, unnumbered paragraph 2, Code 2005, is amended to read as follows: For purposes of the time limit for filing a petition for judicial review under the Iowa adminis-

trative procedureAct, chapter 17A, specified by section 17A.19, the issuance of a final decision of the commission under this chapter occurs on the date notice of the decision is mailed by certified mail, to the parties.

Approved April 13, 2005

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CH. 24CH. 24

CHAPTER 24

INTERNAL REVENUE CODE REFERENCES AND INCOME TAX REVISIONS

H.F. 186

ANACT updating the Code references to the Internal RevenueCode and including retroactive applicability and effective date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 15.335, subsection 4, unnumbered paragraph 2, Code 2005, is amended to read as follows: For purposes of this section, “Internal Revenue Code” means the Internal Revenue Code in

effect on January 1 31, 2004 2005.

Sec. 2. Section 15A.9, subsection 8, paragraph e, unnumbered paragraph 2, Code 2005, is amended to read as follows: For purposes of this subsection, “Internal Revenue Code”means the Internal Revenue Code

in effect on January 1 31, 2004 2005.