HOUSE FILE 421

BY  KAUFMANN

A BILL FOR

An Act relating to the performance of radon testing, and providing a penalty.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 136B.5, Code 2011, is amended to read as follows:
   136B.5Penalty Penalties for violation.
   a.  A person who violates a provision of this chapter is guilty of a serious misdemeanor.
   b.  A person who intentionally or negligently misrepresents the capabilities of a device for detecting and measuring radon gas or radon progeny, or the results of a test for the presence of radon gas or radon progeny, or who for compensation performs a test for the presence of radon gas or radon progeny without an objective basis for believing the test will reduce the presence of radon gas or radon progeny, commits a consumer fraud under section 714.16.
EXPLANATION
   This bill relates to the performance of radon testing. The bill provides that a person who intentionally or negligently misrepresents the capabilities of a device for detecting and measuring radon gas or radon progeny, or the results of a test for the presence of radon gas or radon progeny, or who for compensation performs a test without an objective basis for believing the test will reduce the presence of radon gas or radon progeny, commits a consumer fraud under section 714.16. A violation of Code section 714.16 is punishable by imposition of a civil penalty in an amount not to exceed $40,000 per violation, and in addition a civil penalty of not more than $5,000 for each day of intentional violation of a temporary restraining order, preliminary injunction, or permanent injunction.