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Senate Study Bill 1207

Bill Text

PAG LIN
  1  1    Section 1. Section 91.12, Code 2001, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3.  Notwithstanding chapter 22, records
  1  4 prepared or obtained by the commissioner relating to an
  1  5 enforcement action or investigation conducted pursuant to this
  1  6 chapter shall be kept confidential until the enforcement
  1  7 action or investigation is complete.
  1  8    Sec. 2.  Section 91.16, Code 2001, is amended by adding the
  1  9 following new subsection:
  1 10    NEW SUBSECTION.  4.  Any owner, superintendent, manager, or
  1 11 person in charge of any factory, mill, workshop, store, mine,
  1 12 hotel, restaurant, cafe, railway, business house, or public or
  1 13 private work, who fails to comply with a valid search warrant
  1 14 properly issued to and executed by the labor commissioner or
  1 15 the labor commissioner's designee pursuant to section 808.14
  1 16 shall be guilty of an aggravated misdemeanor for which there
  1 17 shall be a fine of up to ten thousand dollars per violation,
  1 18 notwithstanding section 903.1.
  1 19    Sec. 3.  NEW SECTION.  91.19  EXEMPTION FROM PROCESS
  1 20    The labor commissioner and all employees of the division of
  1 21 labor services are exempt from compulsory process to appear
  1 22 and give testimony in any proceeding concerning their official
  1 23 duties except when the labor commissioner is a party to the
  1 24 proceeding.  
  1 25                           EXPLANATION 
  1 26    This bill amends Code section 91.12 to provide that records
  1 27 prepared or obtained by the labor commissioner pursuant to an
  1 28 enforcement action or investigation are confidential and not
  1 29 subject to Code chapter 22 until the enforcement action or
  1 30 investigation is complete.
  1 31    The bill amends Code section 91.16 by adding a new
  1 32 subsection which provides that any person who fails to comply
  1 33 with a valid administrative warrant issued to and executed by
  1 34 the labor commissioner or the labor commissioner's designee
  1 35 shall be guilty of an aggravated misdemeanor for which there
  2  1 is a fine of up to $10,000 per violation.
  2  2    The bill adds a new section to Code chapter 91 which
  2  3 exempts the labor commissioner and division of labor services
  2  4 employees from compulsory process to appear and testify in any
  2  5 proceeding concerning their official duties unless the labor
  2  6 commissioner is a party to that proceeding.  
  2  7 LSB 1265DP 79
  2  8 av/pj/5.1
     

Text: SSB01206                          Text: SSB01208
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