2001 Summary of Legislation LABOR AND EMPLOYMENT Published by the Iowa General Assembly -- Legislative Service Bureau

LABOR & Employment LEGISLATION

SENATE FILE 98 - Unemployment Compensation -- Natural Disasters (full text of act)

   BY COMMITTEE ON BUSINESS AND LABOR RELATIONS. This Act provides that an employer shall be relieved of charges for unemployment benefits paid to an individual due to a major natural disaster declared by the President of the United States. The proposed relief of charges applies to a contributory employer but not to an employer who is required or has elected to reimburse the Unemployment Compensation Fund.

   The Act takes effect May 25, 2001, and applies retroactively to January 1, 2001.

SENATE FILE 418 - Unemployment Compensation -- Social Security Pensions -- Employment by Indian Tribe (full text of act)

   BY COMMITTEE ON BUSINESS AND LABOR RELATIONS. This Act makes changes in the Iowa Employment Security Law relating to unemployment compensation by providing that Social Security pensions are nondeductible from unemployment benefits as allowed by federal law and adding provisions governing unemployment compensation for employees of Indian tribes.

   The Act provides that employment by an Indian tribe is covered under Iowa’s unemployment compensation statute the same as for government entities unless an Indian tribe exercises the option to be treated as a private contributory employer or as a governmental reimbursable employer. The Act also provides that failure of an Indian tribe to make required unemployment compensation payments may result in cessation of unemployment compensation coverage of all employment by the Indian tribe until payment is made.

   The Act takes effect May 3, 2001.

HOUSE FILE 154 - Paid Time Off for Injured Department of Public Safety Peace Officers (full text of act)

   BY GIPP. This Act provides that peace officer members of the Department of Public Safety who are excluded from the provisions of the Public Employment Relations Act shall receive paid time off in the same manner as peace officer members who are covered by a collective bargaining agreement when they are injured in the line of duty.

HOUSE FILE 356 - Workers’ Compensation and Other Liability -- Miscellaneous Changes (full text of act)

   BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act makes several changes to laws relating to workers’ compensation.

   The Act specifies that limited liability partnerships will be treated the same as partnerships and limited liability companies for purposes of the Workers’ Compensation Law. The Act also provides that disputed medical expenses under the Iowa Occupational Disease Law and the Iowa Occupational Hearing Loss Act are treated the same as those under the Workers’ Compensation Law.

   The Act provides that parties may agree that lump sum settlement proceeds paid in a contested case settlement are intended to be paid at a rate over the employee’s lifetime.

   The Act provides that an application for a stay of agency review shall be filed in the district court, not in the Division of Workers’ Compensation of the Department of Workforce Development.

   The Act provides that the exemption of workers’ compensation benefits from collection proceedings prevails over new sections in the Uniform Commercial Code that are effective July 1, 2001.

   The Act establishes a new rate for the calculation of interest on certain judgments and decrees that is based upon the Treasury Constant Maturity Index published by the Federal Reserve. This provision takes effect April 26, 2001, and applies retroactively to February 28, 2001.

HOUSE FILE 635 - Employee Compensation for Travel Time to and From Worksites (full text of act)

   BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act provides that unless a collective bargaining agreement states otherwise, employees are not entitled to compensation for the time spent traveling to and from the worksite on transportation provided by the employer when during that time no work is performed, the transportation is provided as a convenience for the employees, and the employees are not required by the employer to use that means of transportation.

HOUSE FILE 696 - Employment Security Administrative Contribution Surcharge -- Computation -- Use of Funds -- EXTRAORDINARY SESSION (full text of act)

   BY COMMITTEE ON ECONOMIC DEVELOPMENT. This Act relates to payment of the employment security administrative contribution surcharge and the permissible uses of the moneys in the Administrative Contribution Surcharge Fund.

   The Act requires the Department of Workforce Development to develop a surcharge formula that provides a target revenue level of not greater than $6,525,000 annually. The Act requires the department to reduce the surcharge established for any calendar year proportionate to any federal government funding that provides an increased allocation of moneys for workforce development offices. Any administrative contribution surcharge revenue collected in calendar year 2002 in excess of $6,525,000 shall be deducted from the amount to be collected in calendar year 2003 before the department establishes the administrative contribution surcharge. The Act caps the percentage surcharge at a maximum of $7 per employee. The Act limits the use of any interest accrued and collected on surcharges and interest earned and credited to the fund.

   The Act provides that, to the extent possible, the department shall colocate the rural and satellite departmental offices funded by the surcharge at available community college facilities throughout the state and if colocation is not feasible at a community college, then colocation in other government entities must be attempted.

   The Act lists certain purposes for which moneys in the Administrative Contribution Surcharge Fund shall be used and lists certain prohibited uses.

   The Act amends the repeal of the employment security administrative contribution surcharge provisions in the Code from July 1, 2001, to July 1, 2003.

   The Act requires the department to establish performance measures for each workforce development office site based on the job seeker entered employment rate, the job seeker employment retention rate, the job seeker average wage at placement, the job seeker customer satisfaction rating, the number of employers served, and the employer customer satisfaction rating, and requires the department to conduct an annual review of the performance measures. The Act also requires the department to consider consolidation of offices and conduct a comprehensive analysis of the efficiency and effectiveness of the department’s field office system. The Act provides reporting requirements related to the annual departmental offices reviews conducted by the department.

   The Act requires the department to establish pilot projects for the purpose of evaluating the feasibility of charging and collecting fees for certain customized or enhanced employer services.

   The Act takes effect June 26, 2001.

RELATED LEGISLATION

SENATE FILE 141 -- Accelerated Career Education Program -- Allocation of Program Job Credits (Complete summary under TAXATION.)

   This Act amends the Accelerated Career Education Program in relation to using program job credits to meet program job costs.

SENATE FILE 267 -- Supplemental Appropriations and Reductions (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by making reductions to appropriations made for FY 2000-2001 from the General Fund of the State and includes a reduction to the appropriation made to the Department of Workforce Development for the Division of Labor Services.

SENATE FILE 530 -- Appropriations -- Justice System (Complete summary under APPROPRIATIONS.)

   This Act makes appropriations for FY 2001-2002 to the departments of Justice, Corrections, Public Defense, and Public Safety, the Iowa Law Enforcement Academy, the Office of Public Defender, and the Board of Parole. The Act also creates a Sick Leave Benefits Fund in the Department of Public Safety for payout upon the retirement of certain department employees.

HOUSE FILE 103 -- Written Promotional Material -- VETOED BY THE GOVERNOR (Complete summary under ECONOMIC DEVELOPMENT.)

   This bill would have required that any written material designed, produced or distributed by the Department of Economic Development for purposes of promoting the state in an attempt to recruit new businesses include a clear and conspicuous statement regarding the Right-to-Work Law contained in Code Section 731.1.

HOUSE FILE 192 -- Access to Criminal History and Abuse Information -- Department of Inspections and Appeals (Complete summary under HEALTH & SAFETY.)

   This Act authorizes certain criminal history and abuse record and registry access to the Department of Inspections and Appeals for purposes of data verification and record checks of applicants for employment with the department.

HOUSE FILE 384 -- Economic and Community Development and Job Training Programs (Complete summary under ECONOMIC DEVELOPMENT.)

   This Act repeals the Job Training Partnership Program and makes conforming amendments.

HOUSE FILE 389 -- School Board Duties -- Suspension of Practitioners (Complete summary under EDUCATION.)

   This Act permits the board of directors of a school district to suspend a practitioner with or without pay for a period specified by the board.

HOUSE FILE 680 -- Child and Dependent Adult Abuse Reporting (Complete summary under CHILDREN & YOUTH.)

   This Act relates to child and dependent adult abuse reporting, including mandatory reporters of abuse; abuse reporter training; and provides for civil liability for employers or supervisors who apply a policy, work rule, or other requirement that interferes with a person making an abuse report.

HOUSE FILE 695 -- School-to-Career Program -- Miscellaneous Changes (Complete summary under EDUCATION.)

   This Act amends the School-to-Career Program.

HOUSE FILE 698 -- Appropriations -- Regulatory and Expenditure Matters -- EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act relates to regulatory and expenditure matters and includes creation of a state workforce attrition program and fund for state workforce reductions.

HOUSE FILE 718 -- Appropriations -- Economic Development (Complete summary under APPROPRIATIONS.)

   This Act makes a number of appropriations from the General Fund of the State, the Job Training Fund, the Workforce Development Fund, the Administrative Contribution Surcharge Fund, and the Special Employment Security Contingency Fund to the Department of Workforce Development for the administration of the department and for specific programs.

HOUSE FILE 755 -- Miscellaneous Appropriations, Reductions, and Other Provisions (Complete summary under APPROPRIATIONS.)

   Division III of this Act amends Code Section 400.8 to provide that the physical exam of applicants for law enforcement and fire fighter positions is to be conducted in accordance with the directives of the board of trustees of the Fire and Police Retirement System rather than by the appointed three-member medical board. This division also delays the effective date of 2000 Iowa Acts, Chapter 1077, Sections 87 and 94, from July 1, 2001, to July 1, 2002. These delayed sections relate to the makeup of the medical board under the Statewide Fire and Police Retirement System.

HOUSE FILE 759 -- Miscellaneous Funding Restoration, Reductions, and Other Provisions - SECOND EXTRAORDINARY SESSION (Complete summary under APPROPRIATIONS.)

   This Act addresses public funding and regulatory matters, primarily making supplemental appropriations to restore appropriations that were subject to the Governor's across-the-board reductions of 4.3 percent to executive branch allotments and includes supplemental appropriations for public employee workers' compensation and unemployment compensation administration.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: 30-Nov-2001 03:00 PM
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