Text: SSB03055                          Text: SSB03057
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Senate Study Bill 3056

Bill Text

PAG LIN
  1  1    Section 1.  Section 88A.5, Code 2001, is amended to read as
  1  2 follows:
  1  3    88A.5  FEES AND PENALTIES TO GENERAL FUND.
  1  4    All fees and penalties collected by the division under the
  1  5 provisions of this chapter shall be transmitted to the
  1  6 treasurer of state and credited by the treasurer to the
  1  7 general fund of the state.
  1  8    Sec. 2.  Section 88B.1, subsection 1, Code 2001, is amended
  1  9 to read as follows:
  1 10    1.  "Asbestos project" means an activity involving the
  1 11 removal or encapsulation of asbestos that meets the definition
  1 12 of a construction activity under rules adopted by the
  1 13 department of workforce development pursuant to chapter 96.
  1 14    Sec. 3.  Section 88B.11, Code 2001, is amended to read as
  1 15 follows:
  1 16    88B.11  BIDS FOR GOVERNMENTAL PROJECTS.
  1 17    A state agency or political subdivision shall not accept a
  1 18 bid in connection with any asbestos project from a business
  1 19 entity that does not hold a permit from the division at the
  1 20 time the bid is submitted, unless the state agency or
  1 21 political subdivision ensures that the business entity
  1 22 contracts to have the asbestos removal or encapsulation
  1 23 performed by a permitted subcontractor.
  1 24    Sec. 4.  Section 89.3, subsection 9, Code 2001, is amended
  1 25 to read as follows:
  1 26    9.  Internal inspections of steel hot water boilers shall
  1 27 be conducted once every six years.  The initial internal
  1 28 inspection of all affected new steel hot water boilers shall
  1 29 be apportioned by the commissioner over the six-year period
  1 30 after July 1, 1978 occur prior to initial firing.  External
  1 31 operating inspections shall be conducted annually.
  1 32    Sec. 5.  Section 90A.1, subsection 6, Code 2001, is amended
  1 33 to read as follows:
  1 34    6.  "Promoter" means a person or business that does at
  1 35 least one of the following:
  2  1    a.  Organizes organizes, holds, advertises, or otherwise
  2  2 conducts a professional boxing or wrestling match.
  2  3    b.  Charges admission for the viewing of a professional
  2  4 boxing or wrestling match received through a closed-circuit,
  2  5 pay-per-view, or similarly distributed signal.
  2  6    Sec. 6.  Section 90A.2, subsection 1, Code 2001, is amended
  2  7 to read as follows:
  2  8    1.  A person shall not act as a promoter of a professional
  2  9 boxing or wrestling match without first obtaining a license
  2 10 from the commissioner.  This subsection shall not apply to a
  2 11 person distributing a closed-circuit, pay-per-view, or
  2 12 similarly distributed signal to a person acting as a promoter
  2 13 or to a person viewing the signal in a private residence.
  2 14    Sec. 7.  Section 90A.3, subsection 3, Code 2001, is amended
  2 15 to read as follows:
  2 16    3.  A registration issued pursuant to this section shall be
  2 17 valid for two four years from the date of issue.
  2 18    Sec. 8.  Section 90A.4, Code 2001, is amended to read as
  2 19 follows:
  2 20    90A.4  MATCH PROMOTER RESPONSIBILITY.
  2 21    The promoter, as defined in section 90A.1, subsection 6,
  2 22 paragraph "a", shall be responsible for the conduct of all
  2 23 officials and participants at a professional boxing or
  2 24 wrestling match.  The commissioner may reprimand, suspend,
  2 25 deny, or revoke the participation of any promoter, official,
  2 26 or participant for violations of rules adopted by the
  2 27 commissioner.  Rulings or decisions of a promoter or an
  2 28 official are not decisions of the commissioner and are not
  2 29 subject to procedures under chapter 17A.  The commissioner may
  2 30 take action based upon the rulings or decisions of a promoter
  2 31 or an official.  This section shall not apply to a promoter as
  2 32 defined in section 90A.1, subsection 6, paragraph "b".
  2 33    Sec. 9.  Section 91C.1, subsection 2, Code 2001, is amended
  2 34 by striking the subsection.
  2 35    Sec. 10.  Section 92.11, subsection 2, paragraph c, Code
  3  1 2001, is amended to read as follows:
  3  2    c.  In cases where none of the above-named proofs are
  3  3 obtainable, a certificate resident alien card, a temporary
  3  4 resident card, an employment authorization card, or an
  3  5 affidavit, signed by the local medical inspector of schools,
  3  6 or if there be no such inspector, then by a physician
  3  7 appointed by the local board of education, certifying that in
  3  8 the inspector's or physician's opinion the applicant for the
  3  9 work permit is fourteen years of age or more.
  3 10    Sec. 11.  Section 92.12, Code 2001, is amended to read as
  3 11 follows:
  3 12    92.12  MIGRANT LABOR PERMITS.
  3 13    Every person, firm, or corporation employing migrant
  3 14 laborers shall obtain and keep on file, accessible to any
  3 15 officer charged with the enforcement of this chapter, a
  3 16 special work permit, prior to the employment of such migratory
  3 17 laborer.  Special work permits for migrant workers shall be
  3 18 issued by the superintendent of schools, or the
  3 19 superintendent's designee, nearest the temporary living
  3 20 quarters of the family, or by the county director of social
  3 21 welfare or by the department of workforce development, upon
  3 22 application of the parent or head of the migrant family.  The
  3 23 person authorized to issue such permits for migratory workers
  3 24 shall not issue such permit until the person has received,
  3 25 examined, and approved one of the following as evidence of
  3 26 age:  a birth certificate, passport, baptism certificate,
  3 27 resident alien card, temporary resident card, employment
  3 28 authorization card, or school record.  Applicants under
  3 29 fourteen years of age must obtain a certificate from a
  3 30 registered nurse or physician stating that the applicant for
  3 31 the work permit has reached the normal development of a child
  3 32 of the applicant's age and is in sufficiently sound health and
  3 33 physically able to perform the work for which the permit is
  3 34 sought.  One copy of the permit issued shall be given to the
  3 35 employer to be kept on file for the length of employment and
  4  1 upon termination of employment shall be returned to the labor
  4  2 commissioner.  One copy of the permit shall be kept by the
  4  3 issuing officer, and one copy forwarded to the commissioner,
  4  4 along with the certificate of fitness of the persons under
  4  5 fourteen years of age.  The blank forms for the work permit
  4  6 for migratory workers shall be formulated by the commissioner
  4  7 and furnished by the commissioner to the issuing officer.  
  4  8                           EXPLANATION
  4  9    This bill amends Code provisions administered by the labor
  4 10 commissioner, including provisions related to amusement rides,
  4 11 asbestos removal and encapsulation, boilers and unfired steam
  4 12 pressure vessels, boxing and wrestling, construction
  4 13 contractor, and child and migrant labor laws.
  4 14    The bill provides for the transmittal of penalties, which
  4 15 the division of labor services collects under the Code chapter
  4 16 regulating amusement rides, to the general fund of the state.
  4 17    The bill adds to the definition of "asbestos project", by
  4 18 providing that to meet the definition, a project must also
  4 19 fall within the definition of "construction" found in
  4 20 administrative rule for purposes of the Iowa employment
  4 21 security law (unemployment compensation).  The bill also
  4 22 allows a state agency or political subdivision to accept a bid
  4 23 for an asbestos project when the business entity making the
  4 24 bid ensures that the work will be performed by a permitted
  4 25 subcontractor.  Current law limits the bidding to permitted
  4 26 business entities.
  4 27    The bill strikes obsolete language permitting the
  4 28 commissioner to apportion the initial inspection of all
  4 29 affected steel hot water boilers over a six-year period, and
  4 30 replaces it with language requiring that the initial
  4 31 inspection of new steel hot water boilers occur prior to
  4 32 initial firing.
  4 33    The bill strikes language that defines as a "promoter" a
  4 34 person or business charging admission to view a boxing or
  4 35 wrestling match via closed-circuit or pay-per-view signal.
  5  1 The bill includes conforming amendments that strike language
  5  2 exempting such persons or businesses from other boxing and
  5  3 wrestling Code chapter requirements.  The bill also extends
  5  4 the term of validity of a professional boxing registration
  5  5 from two years to four years to conform with federal law.
  5  6    The bill strikes a provision exempting a self-employed
  5  7 contractor who pays less than $1,000 annually to employees and
  5  8 does not work with or for other contractors in the same phases
  5  9 of construction from the fee requirements established in the
  5 10 Code for construction contractors.
  5 11    Finally, the bill strikes from the child labor law Code
  5 12 chapter outdated references and adds to the types of documents
  5 13 that may be used as evidence of age prior to the issuance of a
  5 14 work or migrant labor permit.  
  5 15 LSB 5354DP 79
  5 16 kh/pj/5.1
     

Text: SSB03055                          Text: SSB03057
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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