Senate Amendment 3068


PAG LIN




     1  1    Amend Senate File 356 as follows:
     1  2 #1.  By striking page 1, line 1, through page 4,
     1  3 line 22, and inserting the following:
     1  4    <Section 1.  Section 10A.104, subsection 9, Code
     1  5 2005, is amended to read as follows:
     1  6    9.  Administer and enforce this chapter, and
     1  7 chapters 99B, 135B, 135C, 135H, and 135J, 137C, 137D,
     1  8 and 137F.
     1  9    Sec. 2.  Section 123.3, subsection 15, Code 2005,
     1 10 is amended to read as follows:
     1 11    15.  "Hotel" or "motel" means premises licensed by
     1 12 the Iowa department of inspections and appeals public
     1 13 health under chapter 137C and regularly or seasonally
     1 14 kept open in a bona fide manner for the lodging of
     1 15 transient guests, and with twenty or more sleeping
     1 16 rooms.
     1 17    Sec. 3.  Section 135.11, subsection 17, Code 2005,
     1 18 is amended to read as follows:
     1 19    17.  Administer chapters 125, 136A, 136C, 137C,
     1 20 137D, 137F, 139A, 142, 142A, 144, and 147A, and 196.
     1 21    Sec. 4.  Section 137C.2, subsections 2 and 3, Code
     1 22 2005, are amended to read as follows:
     1 23    2.  "Director" means the director of the department
     1 24 of inspections and appeals public health or the
     1 25 director's designee.
     1 26    3.  "Department" means the Iowa department of
     1 27 inspections and appeals public health.
     1 28    Sec. 5.  Section 137D.1, subsection 2, Code 2005,
     1 29 is amended to read as follows:
     1 30    2.  "Department" means the Iowa department of
     1 31 inspections and appeals public health.
     1 32    Sec. 6.  Section 137D.2, subsection 1, Code 2005,
     1 33 is amended to read as follows:
     1 34    1.  A person shall not open or operate a home food
     1 35 establishment until a license has been obtained from
     1 36 the Iowa department of inspections and appeals public
     1 37 health.  The department shall collect a fee of twenty=
     1 38 five dollars for a license.  After collection, the
     1 39 fees shall be deposited in the general fund of the
     1 40 state.  A license shall expire one year from date of
     1 41 issue.  A license is renewable.
     1 42    Sec. 7.  Section 137F.1, subsections 3 and 4, Code
     1 43 2005, are amended to read as follows:
     1 44    3.  "Department" means the Iowa department of
     1 45 inspections and appeals public health.
     1 46    4.  "Director" means the director of the department
     1 47 of inspections and appeals public health or the
     1 48 director's designee.
     1 49    Sec. 8.  Section 196.1, subsection 3, Code 2005, is
     1 50 amended to read as follows:
     2  1    3.  "Department" means the Iowa department of
     2  2 inspections and appeals, as established in section
     2  3 10A.102 public health.
     2  4    Sec. 9.  Section 331.756, subsection 32, Code 2005,
     2  5 is amended to read as follows:
     2  6    32.  Assist the Iowa department of inspections and
     2  7 appeals public health in the enforcement of the Iowa
     2  8 food code and the Iowa hotel sanitation code as
     2  9 provided in sections 137F.19 and 137C.30.
     2 10    Sec. 10.  CODES, RULES, AGREEMENTS, AND
     2 11 APPROPRIATIONS TRANSFER.
     2 12    1.  The following codes and standards adopted by
     2 13 the director of the department of inspections and
     2 14 appeals under section 137F.2, Code 2005, shall remain
     2 15 in effect until modified or rescinded by the director
     2 16 of public health:
     2 17    a.  Hotel sanitation code adopted under chapter
     2 18 137C, Code 2005.
     2 19    b.  Home food establishment standards adopted under
     2 20 chapter 137D, Code 2005.
     2 21    c.  Food code adopted under chapter 137F, Code
     2 22 2005.
     2 23    d.  Egg handler standards adopted under chapter
     2 24 196, Code 2005.
     2 25    2.  The administrative rules adopted by the
     2 26 department of inspections and appeals under chapters
     2 27 137C, 137D, 137F, and 196, Code 2005, shall remain in
     2 28 effect until modified or rescinded by the Iowa
     2 29 department of public health.
     2 30    3.  Effective July 1, 2005, an agreement entered
     2 31 into under chapter 137C or 137F, Code 2005, between
     2 32 the director of the department of inspections and
     2 33 appeals and a municipal corporation for the municipal
     2 34 corporation to license, inspect, and enforce chapter
     2 35 137C or 137F within the municipal corporation's
     2 36 jurisdiction shall be deemed to be an agreement with
     2 37 the director of public health and shall remain in
     2 38 effect until expiration of the agreement or the
     2 39 agreement is modified or rescinded by the parties to
     2 40 the agreement.
     2 41    4.  Effective July 1, 2005, the Iowa department of
     2 42 public health shall assume the departmental duties
     2 43 outlined in the codes, standards, and administrative
     2 44 rules adopted under chapters 137C, 137D, 137F, and 196
     2 45 in place of the department of inspections and appeals.
     2 46    5.  Appropriations made from the general fund of
     2 47 the state for the fiscal year beginning July 1, 2005,
     2 48 and ending June 30, 2006, to the department of
     2 49 inspections and appeals for administration and
     2 50 enforcement of chapters 137C, 137D, 137F, and 196
     3  1 shall be transferred to the Iowa department of public
     3  2 health.
     3  3    Sec. 11.  TRANSITION OF EMPLOYEES.  Effective July
     3  4 1, 2005, all employees of the department of
     3  5 inspections and appeals performing functions related
     3  6 to chapters 137C, 137D, 137F, and 196, as of June 30,
     3  7 2005, shall become employees of the Iowa department of
     3  8 public health without loss of classification, pay, or
     3  9 benefits.>
     3 10 #2.  Title page, by striking lines 1 through 5 and
     3 11 inserting the following:  <An Act providing for the
     3 12 Iowa department of public health to administer the
     3 13 hotel sanitation code, regulation of home food
     3 14 establishments, Iowa food code, and regulation of egg
     3 15 handlers in place of the department of inspections and
     3 16 appeals.>
     3 17
     3 18
     3 19                               
     3 20 AMANDA RAGAN
     3 21 SF 356.701 81
     3 22 jp/gg/609

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