Senate File 2036 SENATE FILE BY MILLER Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act to exempt a successor employer from assuming the 2 unemployment contribution rate of an insolvent predecessor. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5510XS 80 5 kk/sh/8 PAG LIN 1 1 Section 1. Section 96.7, subsection 2, paragraph b, 1 2 unnumbered paragraph 1, Code Supplement 2003, is amended to 1 3 read as follows: 1 4 If an enterprise or business, or a clearly segregable and 1 5 identifiable part of an enterprise or business, for which 1 6 contributions have been paid is sold or transferred to a 1 7 subsequent employing unit, or if one or more employing units 1 8 have been reorganized or merged into a single employing unit, 1 9 and the successor employer, having qualified as an employer as 1 10 defined in section 96.19, subsection 16, paragraph "b", 1 11 continues to operate the enterprise or business, the successor 1 12 employer shall assume the position of the predecessor employer 1 13 or employers with respect to the predecessors' payrolls, 1 14 contributions, accounts, and contribution rates to the same 1 15 extent as if no change had taken place in the ownership or 1 16 control of the enterprise or business, unless the predecessor 1 17 employer is insolvent, as defined by section 554.1201, 1 18 subsection 23, at the time of sale or transfer, in which case 1 19 the successor employer shall initially pay contributions at 1 20 the applicable rate specified in paragraph "c". 1 21 PARAGRAPH DIVIDED. However, the successor employer shall 1 22 not assume the position of the predecessor employer or 1 23 employers with respect to the predecessor employer's or 1 24 employers' payrolls, contributions, accounts, and contribution 1 25 rates which are attributable to that part of the enterprise or 1 26 business transferred, unless the successor employer applies to 1 27 the department within ninety days from the date of the partial 1 28 transfer, and the succession is approved by the predecessor 1 29 employer or employers and the department. 1 30 Sec. 2. CODE EDITOR'S DIRECTIVE. The Code editor shall 1 31 number the unnumbered paragraphs of section 96.7, subsection 1 32 1, paragraph "b", as subparagraphs, retaining the first and 1 33 second unnumbered paragraphs under the same subparagraph. 1 34 EXPLANATION 1 35 This bill relates to the unemployment contribution rate of 2 1 an employer who purchases or merges with another business. 2 2 Under current law the successor employer must assume the 2 3 contribution rate of the business which the successor is 2 4 purchasing or with which the successor is merging. The bill 2 5 provides that if the business being purchased or merged is 2 6 insolvent at the time of the purchase or merger, as defined by 2 7 the uniform commercial code, then the successor employer shall 2 8 not assume the predecessor's contribution rate but shall 2 9 initially pay contributions at the rate applicable to 2 10 employers newly subject to Code chapter 96. The bill provides 2 11 for the Code editor to number the unnumbered paragraphs of 2 12 Code section 96.7, subsection 2, paragraph "b". 2 13 LSB 5510XS 80 2 14 kk/sh/8