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House Journal: Page 899: Thursday, March 21, 1996

14   the suit.
15     b.  If the surcharges imposed by this section are
16   not paid or transferred when due, the insurer,
17   policyholder, or self-insurer responsible for the
18   failure shall be required to pay, as part of the
19   surcharge, interest on the surcharge at the rate of
20   one and one-half percent per month for each month or
21   fraction of a month delinquent.  If the treasurer of
22   state prevails in any dispute concerning the
23   assessment of a surcharge which has not been paid or
24   transferred, interest shall be paid upon the amount
25   found due to the state at the rate of one and one-half
26   percent per month for each month or fraction of a
27   month delinquent.
28     c.  An insurer is not liable for a surcharge which
29   is not paid to the insurer by the policyholder or
30   employer provided the insurer has made good faith
31   efforts to collect the surcharge from the policyholder
32   or employer.  An insurance carrier shall report to the
33   treasurer of state a policyholder or employer who
34   fails to pay a surcharge within thirty days of its due
35   date.
36     d.  In any action concerning the amount of a
37   surcharge imposed by this section, any other surcharge
38   shall continue to be made based upon the amount
39   assessed by the treasurer of state.  In the event of
40   an overpayment, the excess amount paid may be credited
41   against future payments otherwise due.
42     e.  An employers who fails to pay the surcharges
43   imposed under this section shall not be allowed to
44   purchase workers' compensation insurance coverage or
45   to renew a self-insurance authorization unless and
46   until the surcharge has been paid.
47     5.  For the purposes of this section, "insurer"
48   includes a self-insurance group approved by the
49   commissioner of insurance pursuant to section 87.4.
50     6.  The imposition of the surcharge shall be

Page   3

 1   limited to the".
 2     9.  Page 2, by striking lines 22 and 23 and
 3   inserting the following:  "of the second injury fund
 4   is retired, the treasurer of state, in the manner
 5   established by this section, shall".
 6     10.  Title page, line 3, by striking the words
 7   "commissioner of insurance" and inserting the
 8   following:  "treasurer of state".
 9     11.  By renumbering as necessary.
Murphy of Dubuque offered the following amendment H-5507, to
amendment H-5495, filed by him and moved its adoption:

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Mon Mar 25 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/00800/00899.html
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