House Amendment 2106


PAG LIN




     1  1    Amend Senate File 601, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 87, by inserting after line 35 the
     1  4 following:
     1  5    <Sec.    .  Section 137C.28, Code 2007, is amended
     1  6 to read as follows:
     1  7    137C.28  PENALTY.
     1  8    1.  A person who violates a provision of the Iowa
     1  9 hotel sanitation code this chapter or rules adopted
     1 10 pursuant to this chapter shall be guilty of a simple
     1 11 misdemeanor and subject to a civil penalty of one
     1 12 hundred dollars for each violation.  Each day upon
     1 13 which a violation occurs constitutes a separate
     1 14 violation.
     1 15    2.  A person who is issued a violation as a result
     1 16 of an inspection, a reinspection or a complaint
     1 17 inspection shall be subject to a civil penalty ranging
     1 18 from fifty dollars to one thousand dollars for each
     1 19 violation based on criteria established by rule of the
     1 20 department.
     1 21    3.  A penalty may be issued by either the
     1 22 department or by a municipal corporation under
     1 23 agreement with the department pursuant to section
     1 24 137C.6.
     1 25    4.  Penalties collected by the department shall be
     1 26 deposited in the general fund of the state.  Penalties
     1 27 collected by a municipal corporation shall be retained
     1 28 by the municipal corporation for use in regulation of
     1 29 entities licensed under this chapter.>
     1 30 #2.  Page 88, by inserting after line 10 the
     1 31 following:
     1 32    <Sec.    .  Section 137D.3, Code 2007, is amended
     1 33 to read as follows:
     1 34    137D.3  PENALTY.
     1 35    1.  A person who violates a provision of this
     1 36 chapter, including a standard adopted by departmental
     1 37 rule, or rules adopted pursuant to this chapter
     1 38 relating to home food establishments or prepared foods
     1 39 created in a home food establishment, is guilty of a
     1 40 simple misdemeanor and subject to a civil penalty of
     1 41 one hundred dollars for each violation.  Each day that
     1 42 the violation continues constitutes a separate
     1 43 offense.
     1 44    2.  A person who is issued a violation as a result
     1 45 of an inspection, a reinspection, or a complaint
     1 46 inspection shall be subject to a civil penalty ranging
     1 47 from fifty dollars to five hundred dollars for each
     1 48 violation based on criteria established by rule of the
     1 49 department.
     1 50    3.  A penalty may be issued by either the
     2  1 department or by a municipal corporation under
     2  2 agreement with the department.
     2  3    4.  Penalties collected by the department shall be
     2  4 deposited in the general fund of the state.  Penalties
     2  5 collected by a municipal corporation shall be retained
     2  6 by the municipal corporation for use in regulation of
     2  7 entities licensed under this chapter.>
     2  8 #3.  Page 94, by striking lines 3 through 15 and
     2  9 inserting the following:
     2 10    <A food establishment covered by subsections 4 and
     2 11 5 shall be assessed license fees not to exceed
     2 12 seventy=five percent of the total fees applicable
     2 13 under both subsections.>
     2 14 #4.  Page 95, by inserting after line 14 the
     2 15 following:
     2 16    <Sec.    .  Section 137F.17, Code 2007, is amended
     2 17 to read as follows:
     2 18    137F.17  PENALTY.
     2 19    1.  A person who violates this chapter or rules
     2 20 adopted pursuant to this chapter shall be subject to a
     2 21 civil penalty of one hundred dollars for each
     2 22 violation.  Each day upon which a violation occurs
     2 23 constitutes a separate violation.
     2 24    2.  A person who is issued a violation as a result
     2 25 of an inspection, a reinspection, or a complaint
     2 26 inspection that is considered a critical or swing
     2 27 violation shall be subject to a civil penalty ranging
     2 28 between fifty dollars and one thousand dollars for
     2 29 each violation based on criteria established by rule
     2 30 of the department.
     2 31    3.  A penalty may be issued by either the
     2 32 department or by a municipal corporation under
     2 33 agreement with the department pursuant to section
     2 34 137F.3.
     2 35    4.  Penalties collected by the department shall be
     2 36 deposited in the general fund of the state.  Penalties
     2 37 collected by a municipal corporation shall be retained
     2 38 by the municipal corporation for use in regulation of
     2 39 entities licensed under this chapter.>
     2 40
     2 41
     2 42                               
     2 43 FORD of Polk
     2 44 SF 601.730 82
     2 45 mg/gg/10055

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