Senate Amendment 5217


PAG LIN




     1  1    Amend Senate File 2403 as follows:
     1  2 #1.  Page 4, by striking lines 23 through 25 and
     1  3 inserting the following:  <chapter is guilty of a
     1  4 simple misdemeanor, and be.>
     1  5 #2.  By striking page 4, line 32, through page 5,
     1  6 line 3, and inserting the following:  <referral by the
     1  7 department.
     1  8    a.  The department shall not impose a civil penalty
     1  9 for the first alleged violation of a provision of this
     1 10 chapter, including a rule adopted pursuant to this
     1 11 chapter.  In that case, the department shall issue a
     1 12 letter of warning which includes all of the following:
     1 13    (1)  The alleged violator's name, trade name, and
     1 14 address.
     1 15    (2)  A description of the alleged violation with
     1 16 specific citation to the statute or administrative
     1 17 rule alleged to have been violated.
     1 18    (3)  The location, date, and time of the alleged
     1 19 violation.
     1 20    b.  For a violation of the same provision of this
     1 21 chapter, including a rule adopted pursuant to this
     1 22 chapter, arising subsequent to the issuance of a
     1 23 letter of warning, the department may impose, assess,
     1 24 and collect a civil penalty as follows:
     1 25    (1)  For the first violation after the letter of
     1 26 warning, the amount of the civil penalty shall not
     1 27 exceed one hundred dollars.
     1 28    (2)  For the second violation after the letter of
     1 29 warning, the amount of the civil penalty shall not
     1 30 exceed five hundred dollars.
     1 31    (3)  For each subsequent violation after the letter
     1 32 of warning, the amount of the civil penalty shall not
     1 33 exceed one thousand dollars.
     1 34    When imposing a civil penalty, the department shall
     1 35 consider the degree and extent of potential harm
     1 36 caused by the violation, the amount of money which the
     1 37 violator obtained as a result of the noncompliance,
     1 38 whether the violation was committed willfully, and the
     1 39 compliance record of the violator.
     1 40    2A.  a.  Except as provided in paragraph "b", the
     1 41 state is>.
     1 42 #3.  Page 6, by inserting after line 35 the
     1 43 following:
     1 44    <Sec.    .  NEW SECTION.  214.12  SUSPENSION OF
     1 45 REQUIREMENTS.
     1 46    The department may suspend in whole or in part any
     1 47 requirement of this chapter, including a rule adopted
     1 48 pursuant to this chapter, as applied to an identified
     1 49 person on the basis of the particular circumstances of
     1 50 that person, when the department determines that the
     2  1 suspension promotes the maintenance of good commercial
     2  2 practices within the state.>
     2  3 #4.  Page 12, by striking lines 7 and 8 and
     2  4 inserting the following:  <misdemeanor.>
     2  5 #5.  Page 12, by striking lines 15 through 21 and
     2  6 inserting the following:  <referral by the department.
     2  7    a.  The department shall not impose a civil penalty
     2  8 for the first alleged violation of a provision of this
     2  9 chapter, including a rule adopted pursuant to this
     2 10 chapter.  In that case, the department shall issue a
     2 11 letter of warning which includes all of the following:
     2 12    (1)  The alleged violator's name, trade name, and
     2 13 address.
     2 14    (2)  A description of the alleged violation with
     2 15 specific citation to the statute or administrative
     2 16 rule alleged to have been violated.
     2 17    (3)  The location, date, and time of the alleged
     2 18 violation.
     2 19    b.  For a violation of the same provision of this
     2 20 chapter, including a rule adopted pursuant to this
     2 21 chapter, arising subsequent to the issuance of a
     2 22 letter of warning, the department may impose, assess,
     2 23 and collect a civil penalty as follows:
     2 24    (1)  For the first violation after the letter of
     2 25 warning, the amount of the civil penalty shall not
     2 26 exceed one hundred dollars.
     2 27    (2)  For the second violation after the letter of
     2 28 warning, the amount of the civil penalty shall not
     2 29 exceed five hundred dollars.
     2 30    (3)  For each subsequent violation after the letter
     2 31 of warning, the amount of the civil penalty shall not
     2 32 exceed one thousand dollars.
     2 33    c.  When imposing a civil penalty, the department
     2 34 shall consider the degree and extent of potential harm
     2 35 caused by the violation, the amount of money which the
     2 36 violator obtained as a result of the noncompliance,
     2 37 whether the violation was committed willfully, and the
     2 38 compliance record of the violator.
     2 39    3.  a.  Except as provided in paragraph "b", the
     2 40 state is>.
     2 41 #6.  Page 13, by inserting after line 7 the
     2 42 following:
     2 43    <Sec.    .  NEW SECTION.  215.28  SUSPENSION OF
     2 44 REQUIREMENTS.
     2 45    The department may suspend in whole or in part any
     2 46 requirement of this chapter, including a rule adopted
     2 47 pursuant to this chapter, as applied to an identified
     2 48 person on the basis of the particular circumstances of
     2 49 that person, when the department determines that the
     2 50 suspension promotes the maintenance of good commercial
     3  1 practices within the state.>
     3  2 #7.  Page 13, by striking lines 23 through 29 and
     3  3 inserting the following:  <referral by the department.
     3  4    a.  The department shall not impose a civil penalty
     3  5 for the first alleged violation of a provision of this
     3  6 chapter, including a rule adopted pursuant to this
     3  7 chapter.  In that case, the department shall issue a
     3  8 letter of warning which includes all of the following:
     3  9    (1)  The alleged violator's name, trade name, and
     3 10 address.
     3 11    (2)  A description of the alleged violation with
     3 12 specific citation to the statute or administrative
     3 13 rule alleged to have been violated.
     3 14    (3)  The location, date, and time of the alleged
     3 15 violation.
     3 16    b.  For a violation of the same provision of this
     3 17 chapter, including a rule adopted pursuant to this
     3 18 chapter, arising subsequent to the issuance of a
     3 19 letter of warning, the department may impose, assess,
     3 20 and collect a civil penalty as follows:
     3 21    (1)  For the first violation after the letter of
     3 22 warning, the amount of the civil penalty shall not
     3 23 exceed one hundred dollars.
     3 24    (2)  For the second violation after the letter of
     3 25 warning, the amount of the civil penalty shall not
     3 26 exceed five hundred dollars.
     3 27    (3)  For each subsequent violation after the letter
     3 28 of warning, the amount of the civil penalty shall not
     3 29 exceed one thousand dollars.
     3 30    When imposing a civil penalty, the department shall
     3 31 consider the degree and extent of potential harm
     3 32 caused by the violation, the amount of money which the
     3 33 violator obtained as a result of the noncompliance,
     3 34 whether the violation was committed willfully, and the
     3 35 compliance record of the violator.
     3 36    3.  a.  Except as provided in paragraph "b", the
     3 37 state is>.
     3 38 #8.  Page 14, by inserting after line 15 the
     3 39 following:
     3 40    <Sec.    .  NEW SECTION.  215A.11  SUSPENSION OF
     3 41 REQUIREMENTS.
     3 42    The department may suspend in whole or in part any
     3 43 requirement of this chapter, including a rule adopted
     3 44 pursuant to this chapter, as applied to an identified
     3 45 person on the basis of the particular circumstances of
     3 46 that person, when the department determines that the
     3 47 suspension promotes the maintenance of good commercial
     3 48 practices within the state.>
     3 49 #9.  By renumbering as necessary.
     3 50
     4  1
     4  2                               
     4  3 BRAD ZAUN
     4  4 SF 2403.201 81
     4  5 da/sh/5689

                              -1-