House File 2194 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 2194
  1  2
  1  3                             AN ACT
  1  4 RELATING TO EXEMPTIONS TO STATE MINIMUM WAGE REQUIREMENTS.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7    Section 1.  Section 91D.1, subsection 2, Code Supplement
  1  8 2007, is amended to read as follows:
  1  9    2.  a.  The exemptions from the minimum wage requirements
  1 10 stated in 29 U.S.C. } 213, as amended to January 1, 2007,
  1 11 shall apply, except that the exemption in 29 U.S.C. }
  1 12 213(a)(2) shall only apply to an enterprise which is comprised
  1 13 of one or more retail or service establishments whose annual
  1 14 gross volume of sales made or business done is less than sixty
  1 15 percent of the amount stated in 29 U.S.C. } 203(s)(2),
  1 16 exclusive of excise taxes at the retail level that are
  1 17 separately stated as otherwise provided in this subsection.
  1 18    b.  Except as provided in paragraph "c", the minimum wage
  1 19 requirements set forth in this section shall not apply to an
  1 20 enterprise whose annual gross volume of sales made or business
  1 21 done, exclusive of excise taxes at the retail level which are
  1 22 separately stated, is less than three hundred thousand
  1 23 dollars.
  1 24    c.  The minimum wage requirements set forth in this section
  1 25 shall apply to the following without regard to gross volume of
  1 26 sales or business done:
  1 27    (1)  An enterprise engaged in the business of laundering,
  1 28 cleaning, or repairing clothing or fabrics.
  1 29    (2)  An enterprise engaged in construction or
  1 30 reconstruction.
  1 31    (3)  An enterprise engaged in the operation of a hospital;
  1 32 an institution primarily engaged in the care of the sick, the
  1 33 aged, or the mentally ill or persons who have symptoms of
  1 34 mental illness who reside on the premises of such institution;
  1 35 a school for persons with mental or physical disabilities or
  2  1 for gifted children; a preschool, elementary or secondary
  2  2 school, or an institution of higher education.  This
  2  3 subparagraph applies regardless of whether any such described
  2  4 hospital, institution, or school is public or private or
  2  5 operated for profit or not for profit.
  2  6    (4)  A public agency.
  2  7
  2  8
  2  9                                                             
  2 10                               PATRICK J. MURPHY
  2 11                               Speaker of the House
  2 12
  2 13
  2 14                                                             
  2 15                               JOHN P. KIBBIE
  2 16                               President of the Senate
  2 17
  2 18    I hereby certify that this bill originated in the House and
  2 19 is known as House File 2194, Eighty=second General Assembly.
  2 20
  2 21
  2 22                                                             
  2 23                               MARK BRANDSGARD
  2 24                               Chief Clerk of the House
  2 25 Approved                , 2008
  2 26
  2 27
  2 28                            
  2 29 CHESTER J. CULVER
  2 30 Governor