Senate File 2305 S-5058 Amend the amendment, S-5047, to Senate File 2305 as follows: 1 1. Page 7, after line 4 by inserting: 2 < Sec. ___. Section 88.14, subsection 12, Code 2018, is 3 amended to read as follows: 4 12. Collection of penalties. 5 a. Civil penalties owed under this chapter shall be paid 6 to the commissioner for deposit with the treasurer of state 7 and shall accrue to the state and may be recovered in a civil 8 action in the name of the state brought in the district court 9 of the county where the violation is alleged to have occurred 10 or where the employer has its principal office unless the 11 circumstances described in paragraph “b” are present . 12 b. If an occupational safety and health violation involves 13 a workplace injury, civil penalties will be assessed and 14 distributed as follows: 15 (1) Fifty percent of the civil penalties collected under 16 this section shall be deposited in the fund created in section 17 507F.5. 18 (2) The remaining fifty percent of the civil penalties 19 collected shall be deposited in the fund created in section 20 88.14A. 21 Sec. ___. NEW SECTION . 88.14A Occupational safety and 22 health administration workplace injury fund. 23 An occupational safety and health administration workplace 24 injury fund is created in the state treasury as a separate fund 25 under the control of the division of labor services of the 26 department of workforce development. Moneys shall be deposited 27 into the fund as provided in section 88.14, subsection 12, 28 paragraph “b” , and are appropriated to the division of labor 29 services of the department of workforce development for 30 occupational safety and health administration. Notwithstanding 31 section 8.33, any balance in the fund on June 30 of each fiscal 32 year shall not revert to the general fund of the state, but 33 shall be available for purposes of this chapter in subsequent 34 fiscal years. > 35 -1- S5047.4180 (2) 87 asf/rj 1/ 2 #1.