Senate File 356 - Introduced
SENATE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO SSB 1211)
Passed Senate, Date Passed House, 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, regulation of egg handlers,
4 and inspection of cosmetology and barbering licensees in place
5 of the department of inspections and appeals.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 2431SV 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 10A.104, subsection 15, Code 2005, is
1 6 amended by striking the subsection.
1 7 Sec. 3. Section 123.3, subsection 15, Code 2005, is
1 8 amended to read as follows:
1 9 15. "Hotel" or "motel" means premises licensed by the Iowa
1 10 department of inspections and appeals public health under
1 11 chapter 137C and regularly or seasonally kept open in a bona
1 12 fide manner for the lodging of transient guests, and with
1 13 twenty or more sleeping rooms.
1 14 Sec. 4. Section 135.11, subsection 17, Code 2005, is
1 15 amended to read as follows:
1 16 17. Administer chapters 125, 136A, 136C, 137C, 137D, 137F,
1 17 139A, 142, 142A, 144, and 147A, and 196.
1 18 Sec. 5. Section 137C.2, subsections 2 and 3, Code 2005,
1 19 are amended to read as follows:
1 20 2. "Director" means the director of the department of
1 21 inspections and appeals public health or the director's
1 22 designee.
1 23 3. "Department" means the Iowa department of inspections
1 24 and appeals public health.
1 25 Sec. 6. Section 137D.1, subsection 2, Code 2005, is
1 26 amended to read as follows:
1 27 2. "Department" means the Iowa department of inspections
1 28 and appeals public health.
1 29 Sec. 7. Section 137D.2, subsection 1, Code 2005, is
1 30 amended to read as follows:
1 31 1. A person shall not open or operate a home food
1 32 establishment until a license has been obtained from the Iowa
1 33 department of inspections and appeals public health. The
1 34 department shall collect a fee of twenty=five dollars for a
1 35 license. After collection, the fees shall be deposited in the
2 1 general fund of the state. A license shall expire one year
2 2 from date of issue. A license is renewable.
2 3 Sec. 8. Section 137F.1, subsections 3 and 4, Code 2005,
2 4 are amended to read as follows:
2 5 3. "Department" means the Iowa department of inspections
2 6 and appeals public health.
2 7 4. "Director" means the director of the department of
2 8 inspections and appeals public health or the director's
2 9 designee.
2 10 Sec. 9. Section 147.88, Code 2005, is amended to read as
2 11 follows:
2 12 147.88 INSPECTIONS.
2 13 The department of inspections and appeals may perform
2 14 inspections as required by this subtitle, except for the board
2 15 of medical examiners, the board of pharmacy examiners, the
2 16 board of nursing, and the board of dental examiners, the board
2 17 of barber examiners, and the board of cosmetology arts and
2 18 sciences examiners. The department of inspections and appeals
2 19 shall employ personnel related to the inspection functions.
2 20 Sec. 10. Section 157.7, unnumbered paragraph 1, Code 2005,
2 21 is amended to read as follows:
2 22 The department of inspections and appeals shall employ
2 23 personnel pursuant to chapter 8A, subchapter IV, to perform
2 24 duties related to inspection functions under this chapter.
2 25 The department of inspections and appeals shall, when
2 26 possible, integrate inspection efforts under this chapter with
2 27 inspections conducted under chapter 158.
2 28 Sec. 11. Section 158.6, unnumbered paragraph 1, Code 2005,
2 29 is amended to read as follows:
2 30 The department of inspections and appeals shall employ
2 31 personnel pursuant to chapter 8A, subchapter IV, to perform
2 32 duties related to inspection functions under this chapter.
2 33 The department of inspections and appeals shall, when
2 34 possible, integrate inspection efforts under this chapter with
2 35 inspections conducted under chapter 157.
3 1 Sec. 12. Section 196.1, subsection 3, Code 2005, is
3 2 amended to read as follows:
3 3 3. "Department" means the Iowa department of inspections
3 4 and appeals, as established in section 10A.102 public health.
3 5 Sec. 13. Section 331.756, subsection 32, Code 2005, is
3 6 amended to read as follows:
3 7 32. Assist the Iowa department of inspections and appeals
3 8 public health in the enforcement of the Iowa food code and the
3 9 Iowa hotel sanitation code as provided in sections 137F.19 and
3 10 137C.30.
3 11 Sec. 14. CODES, RULES, AGREEMENTS, AND APPROPRIATIONS
3 12 TRANSFER.
3 13 1. The following codes and standards adopted by the
3 14 director of the department of inspections and appeals shall
3 15 remain in effect until modified or rescinded by the director
3 16 of public health:
3 17 a. Hotel sanitation code adopted under chapter 137C, Code
3 18 2005.
3 19 b. Home food establishment standards adopted under chapter
3 20 137D, Code 2005.
3 21 c. Food code adopted under chapter 137F, Code 2005.
3 22 d. Egg handler standards adopted under chapter 196, Code
3 23 2005.
3 24 2. The administrative rules adopted by the department of
3 25 inspections and appeals under chapters 137C, 137D, 137F, 157,
3 26 158, and 196, Code 2005, shall remain in effect until modified
3 27 or rescinded by the Iowa department of public health.
3 28 3. Effective July 1, 2005, an agreement entered into under
3 29 chapter 137C or 137F, Code 2005, between the director of the
3 30 department of inspections and appeals and a municipal
3 31 corporation for the municipal corporation to license, inspect,
3 32 and enforce chapter 137C or 137F within the municipal
3 33 corporation's jurisdiction shall be deemed to be an agreement
3 34 with the director of public health and shall remain in effect
3 35 until expiration of the agreement or the agreement is modified
4 1 or rescinded by the parties to the agreement.
4 2 4. Effective July 1, 2005, the Iowa department of public
4 3 health shall assume the departmental duties outlined in the
4 4 codes, standards, and administrative rules adopted under
4 5 chapters 137C, 137D, 137F, 157, 158, and 196 in place of the
4 6 department of inspections and appeals.
4 7 5. Appropriations made from the general fund of the state
4 8 for the fiscal year beginning July 1, 2005, and ending June
4 9 30, 2006, to the department of inspections and appeals for
4 10 administration and enforcement of chapters 137C, 137D, 137F,
4 11 157, 158, and 196 shall be transferred to the Iowa department
4 12 of public health.
4 13 Sec. 15. REVIEW OF FEES. The Iowa department of public
4 14 health may perform a review of the license and examination
4 15 fees charged by the department under chapters 137C, 137D,
4 16 137F, 157, 158, and 196.
4 17 Sec. 16. TRANSITION OF EMPLOYEES. Effective July 1, 2005,
4 18 all employees of the department of inspections and appeals
4 19 performing functions related to chapters 137C, 137D, 137F,
4 20 157, 158, and 196, as of June 30, 2005, shall become employees
4 21 of the Iowa department of public health without loss of
4 22 classification, pay, or benefits.
4 23 EXPLANATION
4 24 This bill provides for the Iowa department of public health
4 25 to administer the hotel sanitation code under Code chapter
4 26 137C, regulation of home food establishments under Code
4 27 chapter 137D, Iowa food code under Code chapter 137F,
4 28 regulation of egg handlers under Code chapter 196, and the
4 29 inspection of cosmetology and barbering licensees in place of
4 30 the department of inspections and appeals.
4 31 Code section 10A.104 is amended to strike these duties from
4 32 the responsibilities of the department of inspections and
4 33 appeals.
4 34 Code section 135.11 is amended to add these duties in the
4 35 list of responsibilities provided to the Iowa department of
5 1 public health.
5 2 Code chapter 123, 137C, 137D, 137F, 157, 158, and 196
5 3 references to the department of inspections and appeals are
5 4 changed to the Iowa department of public health.
5 5 The duties of the county attorney in Code section 331.756
5 6 are amended to change references to the two departments.
5 7 A transition section provides for the hotel and food codes
5 8 adopted by the director of inspections and appeals and the
5 9 administrative rules adopted by the department of inspections
5 10 and appeals involving the affected Code chapters to remain in
5 11 effect until rescinded or modified by the director of public
5 12 health and the Iowa department of public health. Agreements
5 13 entered into for municipal corporations to license, inspect,
5 14 and enforce the hotel sanitation and food codes within the
5 15 municipal corporation's jurisdiction are deemed to be with the
5 16 Iowa department of public health in place of the department of
5 17 inspections and appeals. Appropriations made for fiscal year
5 18 2005=2006 for purposes of administering and regulating the
5 19 affected Code chapters are transferred to the Iowa department
5 20 of public health. The employees of the department of
5 21 inspections and appeals performing functions relating to the
5 22 affected Code chapters become employees of the Iowa department
5 23 of public health effective July 1, 2005.
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