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House Journal: Page 1378: Wednesday, April 8, 1998

38   consist of payments to the fund as provided by this
39   division and any accumulated interest and earnings on
40   moneys in the second injury fund.  The treasurer of
41   state is charged with the conservation of the assets
42   of the second injury fund.  Moneys so collected
shall
43   constitute a in the "Second Injury Fund", in the
44   custody of the treasurer of state, to shall be
45   disbursed only for the purposes stated in this
46   division, and shall not at any time be appropriated or
47   diverted to any other use or purpose.  The treasurer
48   of state shall invest any surplus moneys of the fund
49   in securities which constitute legal investments for
50   state funds under the laws of this state, and may sell

Page 4

 1   any of the securities in which the fund is invested,
 2   if necessary, for the proper administration or in the
 3   best interests of the fund.  Disbursements from the
 4   fund shall be paid by the treasurer of state only upon
 5   the written order of the industrial commissioner.  The
 6   treasurer of state shall quarterly prepare a statement
 7   of the fund, setting forth the balance of moneys in
 8   the fund, the income of the fund, specifying the
 9   source of all income, the payments out of the fund,
10   specifying the various items of payments, and setting
11   forth the balance of the fund remaining to its credit.
12   The statement shall be open to public inspection in
13   the office of the treasurer of state.
14     Sec. 4.  Section 85.67, Code 1997, is amended to
15   read as follows:
16     85.67  ADMINISTRATION OF FUND - SPECIAL COUNSEL -
17   PAYMENT OF AWARD.
18     The treasurer of state shall be charged with the
19   conservation of the assets of the second injury fund,
20   and the collection of contributions to the fund.  The
21   attorney general shall appoint a staff member to
22   represent the treasurer of state and the fund in all
23   proceedings and matters arising under this division.
24   In making an award under this division, the industrial
25   commissioner shall specifically find the amount the
26   injured employee shall be paid weekly, the number of
27   weeks of compensation which shall be paid by the
28   employer, the date upon which payments out of the fund
29   shall begin, and, if possible, the length of time the
30   payments shall continue.
31     Sec. 5.  Section 85.68, Code 1997, is amended to
32   read as follows:
33     85.68  ACTIONS - COLLECTION OF PAYMENTS -
34   SUBROGATION.
35     The treasurer of state The labor commissioner
shall
36   be charged with the collection of contributions and
37   payments to the second injury fund required to be made

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