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House Journal: Page 1910: Wednesday, April 24, 1996

2.  a.  A second injury task force is created.  The task force
shall consist of representatives of business and labor appointed
by the industrial commissioner who shall serve as chairperson of
the task force.  The task force shall study issues relating to
the second injury fund including, but not limited to, the
following:
(1)  The role and purpose of the second injury fund within the
workers compensation system.
(2)  The source of funding for administrative expenses.
(3)  The need for continuation of the second injury fund.
(4)  The continuation of the surcharge imposed by this section.
b.  The second injury task force shall complete its study and
submit its recommendations to the chairpersons and ranking
members of the standing committee on business and labor and the
standing committee on labor and industrial relations of the
general assembly by January 15, 1997.
c.  The second injury task force is abolished upon submission of
its report and recommendations to the general assembly as
provided in this subsection.
3.  The surcharges collected pursuant to this section shall be
deposited in the second injury fund.
4.  The administrative costs and expenses incurred by the
treasurer of state, the attorney general, the second injury
fund, or the department of revenue and finance, in connection
with the second injury fund, may be paid from the fund to the
extent authorized by 1995 Iowa Acts, chapter 219, section 25,
and this section.  However, the payment of administrative costs
and expenses incurred by the treasurer of state, the attorney
general, the second injury fund, and the department of revenue
and finance, as authorized in this subsection, shall only be
permitted for administrative costs and expenses incurred in the
fiscal year commencing July 1, 1996, and ending June 30, 1997,
and shall not exceed $170,000.
5.  An insurer or self-insurer shall pay a surcharge imposed by
this section no later than thirty days following the assessment.
6.  a.  If an insurer, policyholder, or self-insurer withdraws
from doing business in this state before the surcharges
authorized by this section become due, or fails or neglects to
pay the surcharge imposed, the treasurer of state shall at once
proceed to collect the surcharge, and may employ such legal
process as may be necessary for that purpose, and when so
collected shall deposit the surcharge into the second injury
fund.  The treasurer may bring the suit in any court of this
state having jurisdiction, and reasonable attorney's fees may be
taxed as costs in the suit.
b.  If the surcharges imposed by this section are not paid or
transferred when due, the insurer, policyholder, or selfinsurer
responsible for the failure shall be required to pay, as part of
the surcharge, interest on the surcharge at the rate of one and
one-half percent per month for each month or fraction of a month
delinquent.  If the treasurer of state prevails in any dispute
concerning the assessment of a surcharge which has not been paid
or transferred, interest shall be paid upon the amount found due
to the state at the rate of one and one-half percent per month
for each month or fraction of a month delinquent.
c.  An insurer is not liable for a surcharge which is not paid
to the insurer by the policyholder or employer provided the
insurer has made good faith efforts to collect the surcharge
from the policyholder or employer.  An insurance carrier shall

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: Thu Apr 25 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01900/01910.html
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