Text: S05115                            Text: S05117
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5116

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5114, to Senate File 2366 as
  1  2 follows:
  1  3    #1.  Page 1, by striking lines 46 and 47, and
  1  4 inserting the following:
  1  5    "Sec.   .  Section 453A.3, Code 1999, is amended to
  1  6 read as follows:
  1  7    453A.3  PENALTY.
  1  8    1.  a.  A person, other than a retailer, who
  1  9 violates section 453A.2, subsection 1, or section
  1 10 453A.39 is guilty of a simple misdemeanor.
  1 11    b.  An employee of a retailer who violates section
  1 12 453A.2, subsection 1, commits a simple misdemeanor
  1 13 punishable as a scheduled violation under section
  1 14 805.8, subsection 11.
  1 15    c.  A person who violates section 453A.39, is
  1 16 guilty of a simple misdemeanor."
  1 17    #2.  Page 4, by striking lines 17 through 23, and
  1 18 inserting the following:
  1 19    "Sec.    .  Section 453A.22, subsection 2, Code
  1 20 1999, is amended to read as follows:
  1 21    2.  If a retailer or employee of a retailer has
  1 22 violated section 453A.2, 453A.36, subsection 6, or
  1 23 453A.39, the department or local authority, in
  1 24 addition to the other penalties fixed for such
  1 25 violations in this section, shall assess a penalty
  1 26 upon the same hearing and notice as prescribed in
  1 27 subsection 1 as follows:
  1 28    a.  For a first violation, the violator retailer
  1 29 shall be assessed a civil penalty in the amount of
  1 30 three hundred dollars.  Failure to pay the civil
  1 31 penalty as ordered under this subsection shall result
  1 32 in automatic suspension of the permit for a period of
  1 33 fourteen days.
  1 34    b.  For a second violation within a period of two
  1 35 years, the violator's retailer's permit shall be
  1 36 suspended for a period of thirty days.
  1 37    c.  For a third violation within a period of five
  1 38 three years, the violator's retailer's permit shall be
  1 39 suspended for a period of sixty days.
  1 40    d.  For a fourth violation within a period of five
  1 41 three years, the violator's retailer's permit shall be
  1 42 revoked."
  1 43    #3.  Page 5, by inserting after line 4, the
  1 44 following:
  1 45    "Sec.    .  Section 805.8, subsection 11, Code
  1 46 Supplement 1999, is amended by adding the following
  1 47 new paragraph after paragraph a, and relettering the
  1 48 subsequent paragraph:
  1 49    NEW PARAGRAPH.  aa.  For violations of section
  1 50 453A.2, subsection 1, by an employee of a retailer,
  2  1 the scheduled fine is as follows:
  2  2    (1)  If the violation is a first offense, the
  2  3 scheduled fine is one hundred dollars.
  2  4    (2)  If the violation is a second offense, the
  2  5 scheduled fine is two hundred fifty dollars.
  2  6    (3)  If the violation is a third or subsequent
  2  7 offense, the scheduled fine is five hundred dollars." 
  2  8 
  2  9 
  2 10                               
  2 11 JEFF LAMBERTI
  2 12 SF 2366.302 78
  2 13 pf/cf
     

Text: S05115                            Text: S05117
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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