Senate Study Bill 3011





                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            PUBLIC HEALTH BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing penalties for violations relating to the
  2    performance of radon testing and abatement measures.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5252DP 81
  5 rn/je/5

PAG LIN



  1  1    Section 1.  Section 136B.5, Code 2005, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    136B.5  PENALTIES FOR VIOLATION.
  1  5    1.  It is unlawful to perform radon testing or abatement
  1  6 measures in violation of this chapter or of any rule adopted
  1  7 pursuant to this chapter.  A person who violates a provision
  1  8 of this chapter or a rule adopted pursuant to this chapter is
  1  9 guilty of a serious misdemeanor.
  1 10    2.  In addition to criminal penalties, the department may
  1 11 impose a civil penalty not to exceed one thousand dollars on a
  1 12 person who violates a provision of this chapter, a rule or
  1 13 order issued under this chapter, or a term, condition, or
  1 14 limitation on certification or credentialing under this
  1 15 chapter, or who commits a violation for which certification or
  1 16 credentialing may be revoked under rules adopted pursuant to
  1 17 this chapter.  Each day of continuing violation constitutes a
  1 18 separate offense in computing the civil penalty.
  1 19    3.  The department shall notify a person of the intent to
  1 20 impose a civil penalty against the person.  The notice shall
  1 21 be by registered or certified mail to the person's last known
  1 22 address and shall state the date, facts, the nature of the act
  1 23 or omission leading to the charge, the specific statute, rule,
  1 24 or certification or credentialing provision involved, and the
  1 25 amount of the penalty the department proposes to impose.  The
  1 26 notice shall advise the person that upon failure to pay the
  1 27 civil penalty, the penalty may be collected by civil action.
  1 28 The person shall have the opportunity to respond in writing,
  1 29 within a reasonable time as the department shall establish by
  1 30 rule, regarding the reasons why the civil penalty should not
  1 31 be imposed.
  1 32    4.  The department may compromise, mitigate, or remit a
  1 33 civil penalty imposed under this section.  A person upon whom
  1 34 a civil penalty is imposed may appeal the action pursuant to
  1 35 chapter 17A.  The department shall remit moneys collected from
  2  1 civil penalties to the treasurer of state who shall deposit
  2  2 the moneys in the general fund of the state.
  2  3                           EXPLANATION
  2  4    This bill provides for the imposition of civil penalties in
  2  5 addition to the existing criminal penalty of a serious
  2  6 misdemeanor for violations of Code chapter 136B, relating to
  2  7 the performance of radon testing and abatement measures.
  2  8    The bill provides that in addition to the criminal penalty,
  2  9 the Iowa department of public health may impose a civil
  2 10 penalty not to exceed $1,000 for a violation of a provision of
  2 11 the chapter, a rule or order issued under the chapter, or a
  2 12 term, condition, or limitation on certification or
  2 13 credentialing under the chapter.  The bill specifies that each
  2 14 day of continuing violation constitutes a separate offense in
  2 15 computing the civil penalty.  The bill sets forth
  2 16 notification, collection, and appeal procedures, and provides
  2 17 that moneys collected shall be deposited in the general fund
  2 18 of the state.
  2 19 LSB 5252DP 81
  2 20 rn:nh/je/5