Text: H05494 Text: H05496 Text: H05400 - H05499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend House File 2412 as follows: 1 2 #1. Page 1, by striking lines 1 through 10 and 1 3 inserting the following: 1 4 "Section 1. Section 85.34, subsection 2, paragraph 1 5 u, Code 1995, is amended to read as follows: 1 6 u. The loss of one arm, one hand, one foot, one 1 7 leg, or one eye, if preceded by the loss of any other 1 8 arm, hand, foot, or leg shall be compensated in the 1 9 same manner as if both losses were the result of a 1 10 single accident as provided in paragraph "s", whether 1 11 or not compensation was previously paid for the loss 1 12 of the first member. 1 13 v. In all cases of permanent partial disability 1 14 other than those hereinabove described or referred to 1 15 in paragraphs "a" through"t""u" hereof, the 1 16 compensation shall be paid during the number of weeks 1 17 in relation to five hundred weeks as the disability 1 18 bears to the body of the injured employee as a whole." 1 19 #2. Page 1, line 19, by striking the words 1 20 "commissioner of insurance" and inserting the 1 21 following: "treasurer of state". 1 22 #3. Page 1, line 22, by striking the words 1 23 "commissioner of insurance" and inserting the 1 24 following: "treasurer of state". 1 25 #4. Page 1, line 26, by striking the words 1 26 "commissioner of insurance" and inserting the 1 27 following: "treasurer of state". 1 28 #5. Page 1, line 28, by striking the words 1 29 "commissioner of insurance" and inserting the 1 30 following: "treasurer of state". 1 31 #6. Page 1, by striking line 30 and inserting the 1 32 following: "employers. 1 33 1. The surcharge is payable by all self-insured 1 34 employers making weekly benefit payments and all 1 35 insurers making weekly benefit payments on behalf of 1 36 insured employers. The surcharge shall apply to all 1 37 workers'". 1 38 #7. Page 2, by striking lines 3 and 4 and 1 39 inserting the following: "transaction under section 1 40 520.4 or 520.9. The treasurer of state shall base the 1 41 surcharge for each payor upon the". 1 42 #8. Page 2, by striking line 18 and inserting the 1 43 following: "fund. However, the treasurer of state 1 44 shall not annually collect over seven hundred thousand 1 45 dollars in assessing the surcharge. 1 46 2. The surcharges collected to this section shall 1 47 be deposited in the second injury fund, and may be 1 48 used for the payment of claims or entering into 1 49 settlements. 1 50 3. An insurer or self-insurer shall pay a 2 1 surcharge imposed by this section no later than thirty 2 2 days following the assessment. 2 3 4. a. If an insurer, policyholder, or self- 2 4 insurer withdraws from doing business in this state 2 5 before the surcharges authorized by this section 2 6 become due, or fails or neglects to pay the surcharge 2 7 imposed, the treasurer of state shall at once proceed 2 8 to collect the surcharge, and may employ such legal 2 9 process as may be necessary for that purpose, and when 2 10 so collected shall deposit the surcharge into the 2 11 second injury fund. The treasurer may bring the suit 2 12 in any court of this state having jurisdiction, and 2 13 reasonable attorney's fees may be taxed as costs in 2 14 the suit. 2 15 b. If the surcharges imposed by this section are 2 16 not paid or transferred when due, the insurer, 2 17 policyholder, or self-insurer responsible for the 2 18 failure shall be required to pay, as part of the 2 19 surcharge, interest on the surcharge at the rate of 2 20 one and one-half percent per month for each month or 2 21 fraction of a month delinquent. If the treasurer of 2 22 state prevails in any dispute concerning the 2 23 assessment of a surcharge which has not been paid or 2 24 transferred, interest shall be paid upon the amount 2 25 found due to the state at the rate of one and one-half 2 26 percent per month for each month or fraction of a 2 27 month delinquent. 2 28 c. An insurer is not liable for a surcharge which 2 29 is not paid to the insurer by the policyholder or 2 30 employer provided the insurer has made good faith 2 31 efforts to collect the surcharge from the policyholder 2 32 or employer. An insurance carrier shall report to the 2 33 treasurer of state a policyholder or employer who 2 34 fails to pay a surcharge within thirty days of its due 2 35 date. 2 36 d. In any action concerning the amount of a 2 37 surcharge imposed by this section, any other surcharge 2 38 shall continue to be made based upon the amount 2 39 assessed by the treasurer of state. In the event of 2 40 an overpayment, the excess amount paid may be credited 2 41 against future payments otherwise due. 2 42 e. An employers who fails to pay the surcharges 2 43 imposed under this section shall not be allowed to 2 44 purchase workers' compensation insurance coverage or 2 45 to renew a self-insurance authorization unless and 2 46 until the surcharge has been paid. 2 47 5. For the purposes of this section, "insurer" 2 48 includes a self-insurance group approved by the 2 49 commissioner of insurance pursuant to section 87.4. 2 50 6. The imposition of the surcharge shall be 3 1 limited to the". 3 2 #9. Page 2, by striking lines 22 and 23 and 3 3 inserting the following: "of the second injury fund 3 4 is retired, the treasurer of state, in the manner 3 5 established by this section, shall". 3 6 #10. Title page, line 3, by striking the words 3 7 "commissioner of insurance" and inserting the 3 8 following: "treasurer of state". 3 9 #11. By renumbering as necessary. 3 10 3 11 3 12 3 13 SUKUP of Franklin 3 14 HF 2412.701 76 3 15 kah/sc
Text: H05494 Text: H05496 Text: H05400 - H05499 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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