Text: SSB01198 Text: SSB01200 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 LABOR COMMISSIONER 1 3 Section 1. Section 88A.3, Code 2001, is amended to read as 1 4 follows: 1 5 88A.3 SAFETY STANDARDS – RULES – INSPECTION FEES. 1 6 1. The commissioner shall adopt and issue rules for the 1 7 safe installation, repair, maintenance, use, operation, and 1 8 inspection of amusement devices, amusement rides, concession 1 9 booths, and related electrical equipment at carnivals and 1 10 fairs to the extent necessary for the protection of the 1 11 public. The rules shall be based upon generally accepted 1 12 engineering standards and shall be concerned with, but not 1 13 necessarily limited to, engineering force stresses, safety 1 14 devices, and preventive maintenance. Whenever such standards 1 15 are available in suitable form they may be incorporated by 1 16 reference. The rules shall provide for the reporting of 1 17 accidents and injuries incurred from the operation of 1 18 amusement devices or rides, concession booths, or related 1 19 electrical equipment. 1 20 2. The commissioner shall adopt rules to charge and 1 21 collect fees for the inspection and permitting of amusement 1 22 rides, amusement devices, concession booths, and any related 1 23 equipment. Fees shall be based upon the costs of 1 24 administering this chapter, including time spent by personnel 1 25 of the division in performing duties and any travel expenses 1 26 incurred. The commissioner may annually review and adjust the 1 27 fee schedule so that, as nearly as possible, projected 1 28 revenues equal projected costs and any imbalance in revenues 1 29 and costs in a fiscal year is offset in a subsequent fiscal 1 30 year. 1 31 3. The commissioner may modify or repeal any rule adopted 1 32 under the provisions of this chapter. 1 33 Sec. 2. Section 88A.5, Code 2001, is amended to read as 1 34 follows: 1 35 88A.5 FEES AND PENALTIES TO GENERAL FUND. 2 1 All fees and penalties collected by the division under the 2 2 provisions of this chapter shall be transmitted to the 2 3 treasurer of state and credited by the treasurer to the 2 4 general fund of the state. 2 5 Sec. 3. Section 88A.8, Code 2001, is amended to read as 2 6 follows: 2 7 88A.8 JUDICIAL REVIEW AND ENFORCEMENT BY THE COMMISSIONER. 2 8 1. Judicial review of action of the commissioner may be 2 9 sought in accordance with the terms of the Iowa administrative 2 10 procedure Act. 2 11 2. Upon final determination of the commissioner that fees 2 12 or penalties are due and owing the division yet remain unpaid, 2 13 the commissioner shall notify the department of revenue and 2 14 finance of the unpaid fees or penalties and may commence an 2 15 action in district court to enforce payment. Upon receipt of 2 16 a petition for enforcement by the commissioner, the clerk of 2 17 court, unless otherwise ordered by the court, shall forthwith 2 18 enter a decree enforcing the order and shall transmit a copy 2 19 of the decree to the commissioner and the person named in the 2 20 petition. Interest shall be calculated from the date of the 2 21 final determination of the fee or penalty by the division. 2 22 Sec. 4. Section 88A.10, Code 2001, is amended by adding 2 23 the following new subsection: 2 24 NEW SUBSECTION. 4. The commissioner may assess a civil 2 25 penalty, upon notice, in an amount not exceeding five hundred 2 26 dollars per violation, for failure to comply with this 2 27 chapter. For a second or subsequent violation, the civil 2 28 penalty assessed shall not exceed five thousand dollars for 2 29 each violation. The commissioner shall provide notice by 2 30 service in the same manner as an original notice or by 2 31 certified mail of the penalty to be assessed and that the 2 32 person has thirty calendar days within which to notify the 2 33 commissioner that the person wishes to contest the proposed 2 34 penalty. If, within thirty calendar days from the receipt of 2 35 the notice, the person fails to notify the commissioner that 3 1 the person intends to contest the proposed penalty, the 3 2 proposed penalty shall be deemed a final order of the agency 3 3 and not subject to review by any court or agency. 3 4 Sec. 5. Section 89A.8, Code 2001, is amended by adding the 3 5 following new unnumbered paragraph: 3 6 NEW UNNUMBERED PARAGRAPH. An owner who begins construction 3 7 on a new installation without first obtaining a permit from 3 8 the commissioner is subject to a civil penalty as provided in 3 9 section 89A.18. 3 10 Sec. 6. Section 89A.10, subsection 1, Code 2001, is 3 11 amended to read as follows: 3 12 1. If an inspection report indicates a failure to comply 3 13 with applicable rules, or with the detailed plans and 3 14 specifications approved by the commissioner, the commissioner 3 15 may, upon giving notice, order the ownerthereofto make the 3 16 changes necessary for compliance or to render the facility 3 17 dormant. 3 18 Sec. 7. Section 89A.10, subsection 2, unnumbered paragraph 3 19 1, Code 2001, is amended to read as follows: 3 20 If the owner does not make the changes necessary for 3 21 compliance as required in subsection 1 within the period 3 22 specified by the commissioner, the commissioner may assess a 3 23 civil penalty against the owner pursuant to 89A.18. The 3 24 commissioner, upon notice, may suspend,orrevokethe3 25operating permit, ormayrefuse to issuethean operating 3 26 permit for the facility. The commissioner shall notify the 3 27 owner of any action to suspend, revoke, or refuse to issue an 3 28 operating permit and the reason for the action by service in 3 29 the same manner as an original notice or by certified mail. 3 30 An owner may appeal the commissioner's initial decision. The 3 31 appeal shall be heard by an administrative law judge of the 3 32 department of inspections and appeals. An owner who, after a 3 33 hearing before an administrative law judge, is aggrieved by a 3 34 suspension, revocation, or refusal to issue an operating 3 35 permit may appeal to the employment appeal board created under 4 1 section 10A.601. Notice of appeal shall be filed with the 4 2 appeal board within thirty calendar days from receipt of the 4 3 notice of the commissioner's action. 4 4 Sec. 8. Section 89A.10, Code 2001, is amended by adding 4 5 the following new subsection: 4 6 NEW SUBSECTION. 4. If the commissioner determines that an 4 7 owner operated a facility after an action by the commissioner 4 8 to suspend, revoke, or refuse to issue an operating permit for 4 9 the facility has become final pursuant to subsection 2, the 4 10 commissioner may assess a civil penalty against the owner 4 11 pursuant to section 89A.18. 4 12 Sec. 9. Section 89A.13, Code 2001, is amended by adding 4 13 the following new unnumbered paragraph: 4 14 NEW UNNUMBERED PARAGRAPH. Upon final determination of the 4 15 agency that fees are due and owing the division yet remain 4 16 unpaid by an owner, the commissioner shall notify the 4 17 department of revenue and finance of the unpaid fees and may 4 18 commence an action in district court to enforce payment. Upon 4 19 receipt of a petition for enforcement by the commissioner, the 4 20 clerk of court, unless otherwise ordered by the court, shall 4 21 forthwith enter a decree enforcing the order and shall 4 22 transmit a copy of the decree to the labor commissioner and 4 23 the owner named in the petition. Interest shall be calculated 4 24 from the date of the final determination of the agency. 4 25 Sec. 10. Section 89A.18, Code 2001, is amended to read as 4 26 follows: 4 27 89A.18 CIVIL PENALTY. 4 28If upon notice and hearing the commissioner determines that4 29an owner has operated a facility after an order of the4 30commissioner that suspends, revokes, or refuses to issue an4 31operating permit for the facility has become final under4 32section 89A.10, subsection 2, the commissioner may assess a4 33civil penalty against the owner in an amount not exceeding4 34five hundred dollars, as determined by the commissioner.The 4 35 commissioner may assess a civil penalty against the owner of a 5 1 facility for failure to comply with this chapter, in an amount 5 2 not exceeding five hundred dollars for each violation as 5 3 determined by the commissioner. For a second or subsequent 5 4 violation, the civil penalty assessed shall not exceed five 5 5 thousand dollars for each violation. The commissioner shall 5 6 notify the owner by service in the same manner as an original 5 7 notice or by certified mail of the penalty to be assessed. An 5 8 order assessing a civil penalty is subject to appeal and 5 9 judicial review under section 89A.10, subsection 2, in the 5 10 same manner and to the same extent as decisions referred to in 5 11 that subsection. If the owner fails to appeal the proposed 5 12 penalty, the proposed penalty shall be deemed a final order of 5 13 the agency and not subject to review by any court or agency. 5 14 Upon final agency action regarding the assessment of a penalty 5 15 against an owner, the commissioner shall notify the department 5 16 of revenue and finance. The commissioner may commence an 5 17 action in the district court to enforce payment of the civil 5 18 penalty. In such case, upon receipt of the petition for 5 19 enforcement, the clerk of court, unless otherwise ordered by 5 20 the court, shall forthwith enter a decree enforcing the order 5 21 and shall transmit a copy of the decree of enforcement to the 5 22 owner named in the petition. No record of assessment against 5 23 or payment of a civil penalty by any person for a violation of 5 24 this section shall be admissible as evidence in any court in 5 25 any civil action except those actions where the commissioner 5 26 is a party. Revenue from the penalty provided in this section 5 27 shall be remitted to the treasurer of state for deposit in the 5 28stategeneral fund of the state. 5 29 Sec. 11. Section 88A.4, Code 2001, is repealed. 5 30 Sec. 12. EFFECTIVE DATE. The section of this Act that 5 31 repeals Code section 88A.4 takes effect October 31, 2001. 5 32 DIVISION II 5 33 CHILD LABOR 5 34 Sec. 13. Section 92.20, Code 2001, is amended to read as 5 35 follows: 6 1 92.20PENALTYPENALTIES – CRIMINAL AND CIVIL. 6 2 1. The parent, guardian, or person in charge ofanya 6 3 migratory worker or ofanya child who shall engage inanya 6 4 street occupation in violation of any of the provisions of 6 5 this chapter shall be guilty of a simple misdemeanor. 6 6 2.AnyA person who furnishes or sells toanya minor 6 7 child any article of any description when the person knows or 6 8 should have known thatsaidthe minor intends to sell in 6 9 violation of the provisions of this chapter, shall be guilty 6 10 of a simple misdemeanor. 6 11 3. Any other violation of this chapter for which a penalty 6 12 is not specifically provided, shall be guilty ofis a simple 6 13 misdemeanor. 6 14 4. Every day during which any violation of this chapter 6 15 continues shall constitute a separate and distinct offense, 6 16 and the employment of any person in violation of this chapter 6 17 shall, with respect to each person so employed, constitute a 6 18 separate and distinct offense. 6 19 5. The commissioner may assess a civil penalty, upon 6 20 notice, against an employer who violates the provisions of 6 21 this chapter or the rules adopted pursuant to this chapter, in 6 22 an amount of not more than ten thousand dollars for each 6 23 violation as determined by the commissioner. Any civil 6 24 penalty collected shall be deposited in the general fund of 6 25 the state. The commissioner shall notify the employer of a 6 26 proposed civil penalty by service in the same manner as an 6 27 original notice or by certified mail. If the employer does 6 28 not timely file a notice of contest pursuant to rules adopted 6 29 by the commissioner in accordance with chapter 17A, the 6 30 proposed civil penalty shall become a final order not subject 6 31 to review by any court or agency. The commissioner shall 6 32 notify the department of revenue and finance upon final agency 6 33 action assessing a civil penalty and may file a petition for 6 34 enforcement in district court. Upon receipt of the petition 6 35 for enforcement, the clerk of court, unless otherwise ordered 7 1 by the court, shall forthwith enter a decree enforcing the 7 2 order and shall transmit a copy of the decree to the 7 3 commissioner and the employer. 7 4 EXPLANATION 7 5 This bill authorizes the labor commissioner to assess civil 7 6 penalties for failure to comply with the permit, inspection, 7 7 and cessation requirements for amusement devices or rides, 7 8 concession booths, or any related electrical equipment 7 9 operated at a carnival or fair, for failure to obtain a permit 7 10 prior to construction on a new elevator installation, for 7 11 failure to make changes ordered by the commissioner, and for 7 12 child labor law violations. The bill also repeals, effective 7 13 October 31, 2001, a Code provision that establishes a fee 7 14 structure for the inspection of amusement park-related 7 15 equipment or devices and for related permits. The bill allows 7 16 the commissioner to determine fees for inspection based upon 7 17 the costs of administration. 7 18 The bill provides for the transfer of moneys collected from 7 19 the assessment of penalties by the division of labor services 7 20 to the general fund of the state. 7 21 Notice of a penalty assessment is required to be in the 7 22 same manner as an original notice, or by certified mail. If 7 23 an owner or employer does not contest a penalty within 30 7 24 days, the penalty is deemed a final agency order and is not 7 25 subject to review by any court or agency. The bill authorizes 7 26 the commissioner to enforce payment of fees and penalties 7 27 through the district court. 7 28 The civil penalties provided for in the bill are as 7 29 follows: for failure to comply with the permit, inspection, 7 30 and cessation requirements for amusement devices or rides, 7 31 concession booths, or any related electrical equipment 7 32 operated at a carnival or fair, for failure to obtain a permit 7 33 prior to construction on a new elevator installation, and for 7 34 failure to make changes ordered by the commissioner, $500 per 7 35 violation with a limit of $5,000 for subsequent violations; 8 1 for child labor law violations, $10,000 per violation. 8 2 Under current Code, the commissioner may order the owner of 8 3 an elevator facility to make changes necessary for compliance. 8 4 The bill also provides the commissioner with the option of 8 5 ordering the owner to render the facility dormant. 8 6 LSB 1264DP 79 8 7 kh/cls/14.2
Text: SSB01198 Text: SSB01200 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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