House File 770 - Introduced
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HSB 176)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the Iowa department of public health to
2 administer the hotel sanitation code, regulation of home food
3 establishments, Iowa food code, and regulation of egg handlers
4 in place of the department of inspections and appeals.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 2431HV 81
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PAG LIN
1 1 Section 1. Section 10A.104, subsection 9, Code 2005, is
1 2 amended to read as follows:
1 3 9. Administer and enforce this chapter, and chapters 99B,
1 4 135B, 135C, 135H, and 135J, 137C, 137D, and 137F.
1 5 Sec. 2. Section 123.3, subsection 15, Code 2005, is
1 6 amended to read as follows:
1 7 15. "Hotel" or "motel" means premises licensed by the Iowa
1 8 department of inspections and appeals public health under
1 9 chapter 137C and regularly or seasonally kept open in a bona
1 10 fide manner for the lodging of transient guests, and with
1 11 twenty or more sleeping rooms.
1 12 Sec. 3. Section 135.11, subsection 17, Code 2005, is
1 13 amended to read as follows:
1 14 17. Administer chapters 125, 136A, 136C, 137C, 137D, 137F,
1 15 139A, 142, 142A, 144, and 147A, and 196.
1 16 Sec. 4. Section 137C.2, subsections 2 and 3, Code 2005,
1 17 are amended to read as follows:
1 18 2. "Director" means the director of the department of
1 19 inspections and appeals public health or the director's
1 20 designee.
1 21 3. "Department" means the Iowa department of inspections
1 22 and appeals public health.
1 23 Sec. 5. Section 137D.1, subsection 2, Code 2005, is
1 24 amended to read as follows:
1 25 2. "Department" means the Iowa department of inspections
1 26 and appeals public health.
1 27 Sec. 6. Section 137D.2, subsection 1, Code 2005, is
1 28 amended to read as follows:
1 29 1. A person shall not open or operate a home food
1 30 establishment until a license has been obtained from the Iowa
1 31 department of inspections and appeals public health. The
1 32 department shall collect a fee of twenty=five dollars for a
1 33 license. After collection, the fees shall be deposited in the
1 34 general fund of the state. A license shall expire one year
1 35 from date of issue. A license is renewable.
2 1 Sec. 7. Section 137F.1, subsections 3 and 4, Code 2005,
2 2 are amended to read as follows:
2 3 3. "Department" means the Iowa department of inspections
2 4 and appeals public health.
2 5 4. "Director" means the director of the department of
2 6 inspections and appeals public health or the director's
2 7 designee.
2 8 Sec. 8. Section 196.1, subsection 3, Code 2005, is amended
2 9 to read as follows:
2 10 3. "Department" means the Iowa department of inspections
2 11 and appeals, as established in section 10A.102 public health.
2 12 Sec. 9. Section 331.756, subsection 32, Code 2005, is
2 13 amended to read as follows:
2 14 32. Assist the Iowa department of inspections and appeals
2 15 public health in the enforcement of the Iowa food code and the
2 16 Iowa hotel sanitation code as provided in sections 137F.19 and
2 17 137C.30.
2 18 Sec. 10. CODES, RULES, AGREEMENTS, AND APPROPRIATIONS
2 19 TRANSFER.
2 20 1. The following codes and standards adopted by the
2 21 director of the department of inspections and appeals under
2 22 section 137F.2, Code 2005, shall remain in effect until
2 23 modified or rescinded by the director of public health:
2 24 a. Hotel sanitation code adopted under chapter 137C, Code
2 25 2005.
2 26 b. Home food establishment standards adopted under chapter
2 27 137D, Code 2005.
2 28 c. Food code adopted under chapter 137F, Code 2005.
2 29 d. Egg handler standards adopted under chapter 196, Code
2 30 2005.
2 31 2. The administrative rules adopted by the department of
2 32 inspections and appeals under chapters 137C, 137D, 137F, and
2 33 196, Code 2005, shall remain in effect until modified or
2 34 rescinded by the Iowa department of public health.
2 35 3. Effective July 1, 2005, an agreement entered into under
3 1 chapter 137C or 137F, Code 2005, between the director of the
3 2 department of inspections and appeals and a municipal
3 3 corporation for the municipal corporation to license, inspect,
3 4 and enforce chapter 137C or 137F within the municipal
3 5 corporation's jurisdiction shall be deemed to be an agreement
3 6 with the director of public health and shall remain in effect
3 7 until expiration of the agreement or the agreement is modified
3 8 or rescinded by the parties to the agreement.
3 9 4. Effective July 1, 2005, the Iowa department of public
3 10 health shall assume the departmental duties outlined in the
3 11 codes, standards, and administrative rules adopted under
3 12 chapters 137C, 137D, 137F, and 196 in place of the department
3 13 of inspections and appeals.
3 14 5. Appropriations made from the general fund of the state
3 15 for the fiscal year beginning July 1, 2005, and ending June
3 16 30, 2006, to the department of inspections and appeals for
3 17 administration and enforcement of chapters 137C, 137D, 137F,
3 18 and 196 shall be transferred to the Iowa department of public
3 19 health.
3 20 Sec. 11. TRANSITION OF EMPLOYEES. Effective July 1, 2005,
3 21 all employees of the department of inspections and appeals
3 22 performing functions related to chapters 137C, 137D, 137F, and
3 23 196, as of June 30, 2005, shall become employees of the Iowa
3 24 department of public health without loss of classification,
3 25 pay, or benefits.
3 26 EXPLANATION
3 27 This bill provides for the Iowa department of public health
3 28 to administer the hotel sanitation code under Code chapter
3 29 137C, regulation of home food establishments under Code
3 30 chapter 137D, Iowa food code under Code chapter 137F, and
3 31 regulation of egg handlers under Code chapter 196 in place of
3 32 the department of inspections and appeals.
3 33 Code section 10A.104 is amended to strike these duties from
3 34 the responsibilities of the department of inspections and
3 35 appeals.
4 1 Code section 135.11 is amended to add these duties in the
4 2 list of responsibilities provided to the Iowa department of
4 3 public health.
4 4 Code chapter 137C, 137D, 137F, and 196 references to the
4 5 department of inspections and appeals are changed to the Iowa
4 6 department of public health.
4 7 The duties of the county attorney in Code section 331.756
4 8 are amended to change references to the two departments.
4 9 A transition section provides for the hotel sanitation,
4 10 home food establishment, and food codes adopted by the
4 11 director of inspections and appeals and the administrative
4 12 rules adopted by the department of inspections and appeals to
4 13 remain in effect until rescinded or modified by the director
4 14 of public health and the Iowa department of public health.
4 15 Agreements entered into for municipal corporations to license,
4 16 inspect, and enforce the hotel sanitation and food codes
4 17 within the municipal corporation's jurisdiction are deemed to
4 18 be with the Iowa department of public health in place of the
4 19 department of inspections and appeals. Appropriations made
4 20 for fiscal year 2005=2006 for purposes of the affected Code
4 21 chapters are transferred to the Iowa department of public
4 22 health. The employees of the department of inspections and
4 23 appeals performing functions relating to the affected Code
4 24 chapters become employees of the Iowa department of public
4 25 health effective July 1, 2005.
4 26 LSB 2431HV 81
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