1997 SUMMARY OF LEGISLATION

LABOR & EMPLOYMENT

LABOR & EMPLOYMENT LEGISLATION

SENATE FILE 109 - Workers' Compensation — Out-of-State Injuries and Claims (full text of act)

BY KING. This Act concerns the liability for payment of Iowa workers' compensation benefits when the injury occurs outside of the state and when the injured worker seeks coverage for workers' compensation benefits out of state.
The Act provides that an employee who is injured outside of Iowa under a contract of hire made in Iowa in employment not principally localized in any state is entitled to Iowa workers' compensation benefits only if the employee spends a substantial part of the employee's working time working for the employer in Iowa. In addition, an employee domiciled in Iowa and who is injured outside of Iowa is entitled to Iowa workers' compensation benefits only if the employee's employer has a place of business in this state. Previously, an injured employee was entitled to Iowa workers' compensation benefits if the employee was under a contract or hire made in Iowa for employment not localized in any state regardless of where the employee spent most of their working time or if the employee was domiciled in this state regardless of whether the employer had a place of business in Iowa.
The Act also provides that an employee is not entitled to Iowa workers' compensation benefits if the employee receives workers' compensation benefits pursuant to the laws of another state or country for the same injury. If the employee initiates a proceeding to receive workers' compensation benefits from another state or country, the Act provides that further action to receive Iowa workers' compensation benefits is stayed pending resolution of the out-of-state proceeding. Finally, the Act provides that an employer shall have a credit towards any Iowa workers' compensation benefits that are payable to the extent the employee receives any out-of-state benefits for the same injury.

SENATE FILE 280 - Providing Work-Related Employee Information (full text of act)

BY COMMITTEE ON JUDICIARY. This Act provides immunity from civil liability to an employer who provides work-related information about a current or former employee upon request of the employee or a prospective employer if the employer does not act unreasonably in providing the information. The Act provides that an employer acts unreasonably if the information disclosed violates a civil right of the employee, if the information is knowingly provided to one with no legitimate interest in the information, or if the information provided is not relevant and is disclosed with malice or with no good faith belief that the information is true.

SENATE FILE 296 - Workers' Compensation and Nonoccupational Health Coverage (full text of act)

BY COMMITTEE ON COMMERCE. This Act provides that an employee's nonoccupational health care plan shall not deny payment for medical services received by the employee while the employer's liability to make payment for those services pursuant to the workers' compensation law remains unresolved. Current law, which remains unchanged by this Act, provides that the nonoccupational plan shall have a credit against any workers' compensation benefits paid for medical services if the nonoccupational plan would not have been liable if a right to benefits existed under workers' compensation.

SENATE FILE 361 - School-to-Work Programs — Workers' Compensation (full text of act)

BY COMMITTEE ON STATE GOVERNMENT. This Act establishes that, for purposes of the workers' compensation law, a student participating in a schooltowork program is defined as an "employee." If the student's participation in the program is unpaid, the eligible postsecondary institution, school corporation, or accredited nonpublic school is defined as the "employer." If the student is participating in a paid schooltowork program, the entity that pays the student is defined as the "employer."
However, the workers' compensation weekly benefit amount to a student participating in a schooltowork program is limited to the amount paid for a permanent partial disability, or for a permanent total disability, equal to the weekly benefit amount of a person whose gross weekly earnings are 35 percent of the statewide average weekly wage in effect at the time of the injury, rather than the weekly benefit that would be due to a regular employee. The weekly benefit amount due a regular employee is 80 percent of the employee's weekly earnings, but not more than 184 percent of the statewide average weekly wage for a partial disability, and not more than 200 percent of the statewide average weekly wage if the injury causes permanent total disability.
Under the Act, the rights and remedies of the workers' compensation law are the participating students' exclusive and only rights and remedies for occupational injury, occupational disease or occupational hearing loss.
School corporations are authorized to establish and maintain school-to-work programs including alternative learning opportunities through which students may obtain skills or training outside the classroom. The Act also permits school corporations to provide workers' compensation coverage by insuring or selfinsuring students participating in a schooltowork program.

SENATE FILE 395 - Department of Workforce Development — Unemployment Compensation and Other Matters (full text of act)

BY COMMITTEE ON BUSINESS AND LABOR. This Act provides that the Department of Workforce Development can recoup the overissuance of food stamp benefits from unemployment compensation benefits if the Department of Human Services reimburses the department's administrative costs in recouping the overissuance.
The Act provides that the department and its employees are not liable for any acts or omissions resulting from the proper release of records related to unemployment compensation by the department.
The Act provides that employment, for purposes of unemployment compensation, does not include services performed by inmates at correctional institutions. Prior law provided that employment, for purposes of unemployment compensation, did not include services performed by inmates of a custodial or penal institution for the government or for certain religious, charitable, educational, or other similar organizations.
The Act also relieves an employer participating in the voluntary shared work program from charges for benefits paid while the employee attends approved work-related training.
The Act provides that employees of a community college providing workforce development services to the Department of Workforce Development based on a contract in existence as of July 1, 1996, may become state employees of the department while retaining most benefits accrued while employees of the community college, if the department and the community college agree. This portion of the Act takes effect April 18, 1997, and is repealed effective July 1, 1999.

SENATE FILE 460 - Workforce Development Board (full text of act)

BY COMMITTEE ON BUSINESS AND LABOR. This Act adds an eighth ex officio nonvoting member to the Iowa Workforce Development Board. The additional member shall be a president or president's designee from an independent Iowa college, appointed by the Iowa Association of Independent Colleges and Universities.
The Act takes effect May 2, 1997.

SENATE FILE 501 - Department of Workforce Development — Miscellaneous Provisions (full text of act)

BY COMMITTEE ON SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM. This Act eliminates requirements that the Department of Workforce Development compile data included in emergency and hazardous chemical inventories by county and provide the compiled reports to at least one public library in each county. However, the Act does not eliminate the duty to compile the data.
The Act allows the Labor Commissioner to exempt an amusement device that is an appliance, and which is part of a structure subject to a building code, from the provisions of Code Chapter 88A concerning the safety inspection of amusement rides.
The Act eliminates the requirement that an asbestos management planner of public and commercial buildings be licensed. The license requirement is retained for an asbestos management planner of a school building.
The Act also eliminates the requirement that employment agencies produce affidavits certifying the good moral character of the officers of the employment agency prior to obtaining a license in this state.
The Act repeals a Code section requiring the state Commissioner of Athletics to appoint a secretary. The Act also repeals a Code section prohibiting the Labor Commissioner from taking claims for wages based on an act committed prior to July 1, 1975, the effective date of Code Chapter 91A, dealing with wage payment collection.

HOUSE FILE 167 - Eligibility Requirements for Workers' Compensation (full text of act)

BY GRUNDBERG. This Act provides that a person engaged in casual employment or in service in or about a private dwelling is not required to be covered by workers' compensation if they earn less than $1,500 from the employment during the 12 months prior to the injury. Previously, workers' compensation coverage was not required if the person earned less than $200 during the 13 weeks prior to the injury. An employer is still able to assume workers' compensation liability for such a person, but only if the employer purchases workers' compensation insurance.

HOUSE FILE 236 - Unemployment Compensation — Employees of Temporary Employment Firms (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act provides that a temporary employee employed through a temporary employment firm who fails to notify the firm within three working days of the completion of an employment assignment is deemed to have voluntarily quit employment for purposes of denying that temporary employee unemployment benefits. The three-day requirement can be extended for good cause.
The temporary employee is denied benefits only if the temporary employee is advised by the temporary employment firm in writing that the employee is required to notify the temporary employment firm upon completion of the assignment. To satisfy the advise-in-writing requirement, the Act provides that the temporary employment firm shall advise the temporary employee through a separate document at the time of hire that provides an explanation of the notification requirements which also must be signed by the employee.

HOUSE FILE 370 - Workers' Compensation for Professional Athletes (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act provides for the determination of workers' compensation benefits for professional athletes injured while performing as professional athletes.
The Act provides that workers' compensation benefits for a temporary total disability, a temporary partial disability, and for a healing period relating to a permanent partial disability shall be terminated once the injured athlete is able to return to any employment the athlete previously performed.
The Act provides that the degree of permanent disability of an individual injured while performing as a professional athlete shall be determined based on occupations, other than professional athletics, that the individual previously performed or was suited to perform.
The Act also provides that in computing the workers' weekly compensation benefits of an injured professional athlete, the basis of compensation shall be one-fiftieth of the total earnings of the athlete over the previous 12 months.
The Act takes effect April 18, 1997.

HOUSE FILE 398 - Labor Commissioner — Construction Contractors and Other Provisions (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act updates industrial arts terminology, eliminates a reference to the specific Iowa administrative rule defining "construction" for purposes of the Iowa Employment Security Law, amends a subsection to provide for gender neutrality by replacing the word "journeyman" with the word "journeyperson," and provides for the suspension of a section of the Code relating to the registering and bonding of construction contractors if the section may cause denial of federal funds or otherwise is inconsistent with federal law.

HOUSE FILE 399 - Unfired Steam Pressure Vessels (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act provides that internal inspections of unfired steam pressure vessels shall be conducted by the Labor Commissioner once every two years and external inspections every year. Previously, an internal and external inspection was required annually. The Act also provides that the Labor Commissioner can require an internal inspection at any time if an inspector observes conditions warranting such inspection. The Act provides that the Labor Commissioner shall adopt rules enumerating the applicable conditions.
The Act repeals, effective December 31, 1997, a temporary provision of law that provided for the inspection intervals of certain unfired steam pressure vessels manufactured on or after January 1, 1994.

HOUSE FILE 401 - State Government Personnel Procedures (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act provides for changes relating to state government personnel procedures.
The Act abolishes the Personnel Commission and transfers the commission's responsibilities and rulemaking authority to the Director of Personnel. The Act substitutes the word "job" for "position" with reference to employment classifications within the executive branch of state government, other than the State Board of Regents. The Act provides for employee appeal of job classification or reclassification actions to the director, and provides that classifications or reclassifications resulting in the expenditure of additional salary funds in excess of a department's total budget shall not become effective until budgetary approval has been obtained from the Director of the Department of Management. The Act provides that the Director of Personnel shall notify the Governor regarding situations where an increase or decrease in the number of employees, or creation or elimination of a position or type of employment, is required in the public interest. Additionally, the Act eliminates a provision for annual review by the Governor of schedules of positions and types of employment not otherwise provided for by law.
The Act changes terminology applicable to rules concerning the recall of employees after layoffs, and adds to the list of causes of employee discharge, suspension or reduction in job classification or pay grade for which rules may be developed. The Act deletes a requirement that a copy of a written statement of the reasons for employee discharge, suspension or reduction be provided to the director, and deletes some job titles which are no longer utilized. The Act amends provisions in Code Section 19A.18 concerning merit system references to include all executive branch employees. Finally, the Act provides that salaries for state employees covered by the overtime payment provisions of the federal Fair Labor Standards Act shall be established on an hourly basis.

RELATED LEGISLATION

SENATE FILE 391 -- Appropriations — Transportation

(Complete summary under APPROPRIATIONS)

This Act appropriates money for FY 1997-1998 to fund salary adjustments of approximately 3 percent and insurance benefits for state-appointed nonelected officers, employees subject to collective bargaining agreements, and noncontract employees.

SENATE FILE 516 -- Public Assistance Revisions — Family Investment and Other Programs

(Complete summary under HUMAN SERVICES)

This Act relates to the Family Investment Program or FIP (formerly known as Aid to Families With Dependent Children or AFDC), administered by the Department of Human Services, by repealing and reenacting the Code chapters and other provisions associated with the program, including the work and training program known as JOBS.

SENATE FILE 523 -- Health Care Facilities — Records Checks — Home Health Services

(Complete summary under HEALTH & SAFETY)

This Act provides for the Department of Public Safety to perform preemployment criminal and dependent adult abuse records checks of prospective employees of health care facilities regulated by the Department of Inspections and Appeals.

HOUSE FILE 401 -- State Government Personnel Procedures

(Complete summary under STATE GOVERNMENT)

This Act provides for changes relating to state government personnel procedures, including discontinuing the Personnel Commission and transferring the commission's responsibilities and rulemaking authority to the Director of Personnel.

HOUSE FILE 456 -- City Civil Service

(Complete summary under LOCAL GOVERNMENT)

This Act amends Code Chapter 400 relating to city civil service by changing the method of selecting clerks to the civil service commissions in cities of 75,000 population or fewer, exempting professional city engineers from civil service coverage, extending civil service rights to an employee who meets minimum qualifications or passes a qualifying noncompetitive test after completion of a probationary period, eliminating two successive examinations to find qualifying applicants for promotions, increasing from 90 days to 180 days the amount of time for background checks on potential employees, increasing the number of names on original appointment lists from 10 to 40, eliminating employee consent for departmental transfers, and retaining the 1980 census for determination of city civil service applicability.

HOUSE FILE 515 -- Determination of Annual Salaries for Deputy Sheriffs

(Complete summary under LOCAL GOVERNMENT)

This Act provides that the sheriff shall set the annual base salary of those deputy sheriffs classified as exempt under the federal Fair Labor Standards Act of 1938, as amended.

HOUSE FILE 557 -- Insurance Regulation — Miscellaneous Provisions

(Complete summary under BUSINESS, BANKING & INSURANCE)

This Act amends provisions relating to the regulatory authority of the Division of Insurance, the operation of insurers, and provides for rejection of workers' compensation coverage for certain officers of a corporation by attachment of a written rejection to the policy. Currently, such rejection must be attached initially and upon each renewal of the policy.

HOUSE FILE 589 -- Boxing and Wrestling

(Complete summary under STATE GOVERNMENT)

This Act rewrites Code Chapter 90A, which regulates boxing and wrestling in the state. Much of the new material is added to conform the Code chapter to the requirements of the recently enacted federal Professional Boxing Safety Act of 1996.

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Last update: Mon July 28, 1997
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