Text: HF00520 Text: HF00522 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 521 1 2 1 3 AN ACT 1 4 RELATING TO THE LICENSURE AND OPERATION OF EMPLOYMENT 1 5 AGENCIES AND PROVIDING A PENALTY. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 94A.1 DEFINITIONS. 1 10 As used in this chapter, unless the context otherwise 1 11 requires: 1 12 1. "Applicant" means a person applying for a private 1 13 employment agency license. 1 14 2. "Commissioner" means the labor commissioner, appointed 1 15 pursuant to section 91.2, or the labor commissioner's 1 16 designee. 1 17 3. "Employee" means a person who seeks employment or who 1 18 obtains employment through an employment agency. 1 19 4. "Employer" means a person who seeks one or more 1 20 employees or who obtains one or more employees. 1 21 5. "Employment agency" means a person who brings together 1 22 those desiring to employ and those desiring employment and who 1 23 receives a fee, privilege, or other consideration directly or 1 24 indirectly from an employee for the service. "Employment 1 25 agency" does not include furnishing or procuring theatrical, 1 26 stage, or platform attractions or amusement enterprises. 1 27 Sec. 2. NEW SECTION. 94A.2 LICENSING. 1 28 1. An employment agency shall obtain a license from the 1 29 commissioner prior to transacting any business. Licenses 1 30 expire on June 30 of each year. 1 31 2. A license application shall be in the form prescribed 1 32 by the commissioner and shall be accompanied by all of the 1 33 following: 1 34 a. A surety company bond in the sum of thirty thousand 1 35 dollars, to be approved by the commissioner and conditioned to 2 1 pay any damages that may accrue to any person due to a 2 2 wrongful act or violation of law on the part of the applicant 2 3 in the conduct of business. 2 4 b. The schedule of fees to be charged by the employment 2 5 agency. 2 6 c. All contract forms to be signed by an employee. 2 7 d. An application fee of seventy-five dollars. 2 8 3. The commissioner shall grant or deny a license within 2 9 thirty days from the filing date of a completed application. 2 10 4. The commissioner may revoke, suspend, or annul a 2 11 license in accordance with chapter 17A upon good cause. 2 12 Sec. 3. NEW SECTION. 94A.3 GENERAL REQUIREMENTS. 2 13 Each employment agency shall do all of the following: 2 14 1. Keep an employee record, which shall include the name 2 15 of each employee signing a contract or agreement, the name and 2 16 address of the employer, if employment is found, and the fee 2 17 charged, paid, or refunded. Each record shall be maintained 2 18 for at least two years. 2 19 2. Prior to referral to an employer, provide an employee 2 20 with a copy of the contract or agreement, which specifies the 2 21 fee or consideration to be paid by the employee. 2 22 Sec. 4. NEW SECTION. 94A.4 PROHIBITIONS. 2 23 1. A person shall not require an employee to pay a fee as 2 24 a condition of application with an employer or an employment 2 25 agency. 2 26 2. An employee shall not be required to pay a fee to an 2 27 employer as a condition of hire. 2 28 3. An employer shall not require an employee to reimburse 2 29 the employer for a fee the employer paid to an employment 2 30 agency or other person or entity when the employee was hired. 2 31 4. An employment agency shall not do any of the following: 2 32 a. Send an employee or an application of an employee to an 2 33 employer who has not applied to the employment agency for help 2 34 or labor. 2 35 b. Through false notice, advertisement, or other means, 3 1 fraudulently promise or deceive a person seeking help or 3 2 employment with regard to the service to be rendered by the 3 3 employment agency. 3 4 c. Divide a fee received from an employee with an employer 3 5 or any member of an employer's staff. The division of fees 3 6 between one or more employment agencies that provided services 3 7 is not prohibited. 3 8 d. Charge an employee any fee greater than the fee 3 9 schedule on file with the commissioner without prior consent 3 10 of the commissioner. 3 11 e. Charge a fee greater than fifteen percent of the 3 12 employee's annual gross earnings. 3 13 f. Require an employee to pay a fee in advance of 3 14 earnings. If an employee wishes to pay a fee in advance of 3 15 earnings, the contract between the employee and employment 3 16 agency shall state that any advance payment by the employee is 3 17 voluntary. If an employee works less than one year at the 3 18 referred employment, the employment agency shall refund any 3 19 amount in excess of fifteen percent of the employee's gross 3 20 earnings from the referred employment. 3 21 Sec. 5. NEW SECTION. 94A.5 POWERS AND DUTIES OF THE 3 22 COMMISSIONER. 3 23 1. At any time, the commissioner may examine the records, 3 24 books, and any papers relating to the conduct and operation of 3 25 an employment agency. 3 26 2. The commissioner shall adopt rules pursuant to chapter 3 27 17A to administer this chapter. 3 28 Sec. 6. NEW SECTION. 94A.6 VIOLATIONS. 3 29 1. A person who violates a provision of this chapter or 3 30 who refuses the commissioner access to records, books, and 3 31 papers pursuant to an examination under section 94A.5 shall be 3 32 guilty of a simple misdemeanor. 3 33 2. If a person violates a provision of this chapter or 3 34 refuses the commissioner access to records, books, and papers 3 35 pursuant to an examination under section 94A.5, the 4 1 commissioner shall assess a civil penalty against the person 4 2 in an amount not greater than two thousand dollars. 4 3 Sec. 7. Section 84A.5, subsection 3, Code 1999, is amended 4 4 to read as follows: 4 5 3. The division of labor services is responsible for the 4 6 administration of the laws of this state relating to 4 7 occupational health and safety, the inspection of amusement 4 8 rides, the removal and encapsulation of asbestos, the 4 9 inspection of boilers, wage payment collection, registration 4 10 of construction contractors, the minimum wage, non-English 4 11 speaking employees, child labor, employment agency licensing, 4 12 boxing and wrestling, inspection of elevators, and hazardous 4 13 chemical risks under chapters 88, 88A, 88B, 89, 89A, 89B, 90A, 4 14 91, 91A, 91C, 91D, 91E, 92,94,and9594A. The executive 4 15 head of the division is the labor commissioner, appointed 4 16 pursuant to section 91.2. 4 17 Sec. 8. Section 91.4, subsection 5, Code 1999, is amended 4 18 to read as follows: 4 19 5. The director of the department of workforce 4 20 development, in consultation with the labor commissioner, 4 21 shall, at the time provided by law, make an annual report to 4 22 the governor setting forth in appropriate form the business 4 23 and expense of the division of labor services for the 4 24 preceding year, the number of disputes or violations processed 4 25 by the division and the disposition of the disputes or 4 26 violations, and other matters pertaining to the division which 4 27 are of public interest, together with recommendations for 4 28 change or amendment of the laws in this chapter and chapters 4 29 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 92,94,4 30 and9594A, and the recommendations, if any, shall be 4 31 transmitted by the governor to the first general assembly in 4 32 session after the report is filed. 4 33 Sec. 9. Chapters 94 and 95, Code 1999, are repealed. 4 34 4 35 5 1 5 2 BRENT SIEGRIST 5 3 Speaker of the House 5 4 5 5 5 6 5 7 MARY E. KRAMER 5 8 President of the Senate 5 9 5 10 I hereby certify that this bill originated in the House and 5 11 is known as House File 521, Seventy-eighth General Assembly. 5 12 5 13 5 14 5 15 ELIZABETH ISAACSON 5 16 Chief Clerk of the House 5 17 Approved , 1999 5 18 5 19 5 20 5 21 THOMAS J. VILSACK 5 22 Governor
Text: HF00520 Text: HF00522 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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