Text: S03197                            Text: S03199
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3198

Amendment Text

PAG LIN
  1  1    Amend Senate File 170 as follows:
  1  2    #1.  Page 2, by inserting after line 18 the
  1  3 following:
  1  4    "Sec.    .  Section 92.20, Code 2001, is amended to
  1  5 read as follows:
  1  6    92.20  PENALTY VIOLATIONS AND PENALTIES.
  1  7    1.  VIOLATIONS.  The parent, guardian, or person in
  1  8 charge of any migratory worker or of any child who
  1  9 shall engage in any street occupation in violation of
  1 10 any of the provisions of this chapter shall be guilty
  1 11 of a simple misdemeanor.
  1 12    Any person who furnishes or sells to any minor
  1 13 child any article of any description when the person
  1 14 knows or should have known that said minor intends to
  1 15 sell in violation of the provisions of this chapter,
  1 16 shall be guilty of a simple misdemeanor.
  1 17    Any other violation of this chapter for which a
  1 18 penalty is not specifically provided, shall be guilty
  1 19 of is a simple misdemeanor.  Every day during which
  1 20 any violation of this chapter continues shall
  1 21 constitute a separate and distinct offense, and the
  1 22 employment of any person in violation of this chapter
  1 23 shall, with respect to each person so employed,
  1 24 constitute a separate and distinct offense.
  1 25    2.  CIVIL PENALTY.  The labor commissioner may
  1 26 assess a civil penalty of up to ten thousand dollars
  1 27 for any willful or serious violation of this chapter.
  1 28 For other violations of this chapter, the commissioner
  1 29 may also assess a civil penalty of up to ten thousand
  1 30 dollars, but only after the commissioner issues a
  1 31 written warning notifying a person of a violation of
  1 32 this chapter and the violator commits a subsequent
  1 33 similar violation.
  1 34    The commissioner shall notify a violator of the
  1 35 proposed assessment of a civil penalty or issue a
  1 36 written warning by certified mail or in the same
  1 37 manner as service of original notice.  If the violator
  1 38 does not contest the assessment of the civil penalty
  1 39 in a timely manner pursuant to chapter 17A, the
  1 40 proposed assessment of the civil penalty shall become
  1 41 a final order not subject to review by any court or
  1 42 agency.  The commissioner shall notify the department
  1 43 of revenue and finance of the assessment of a civil
  1 44 penalty upon issuance of a final order.
  1 45    The commissioner may file a petition for
  1 46 enforcement with the district court.  In such a case,
  1 47 the clerk of court, unless otherwise ordered by the
  1 48 court, shall immediately enter a decree enforcing the
  1 49 penalty and shall transmit a copy of the decree to the
  1 50 commissioner and to the violator.  All civil penalties
  2  1 collected pursuant to this section shall be deposited
  2  2 in the general fund of the state."
  2  3    #2.  Title page, line 1, by striking the word
  2  4 "training".
  2  5    #3.  By renumbering as necessary.  
  2  6 
  2  7 
  2  8                               
  2  9 DICK L. DEARDEN
  2 10 SF 170.504 79
  2 11 av/pj
     

Text: S03197                            Text: S03199
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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