House Study Bill 608



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            WORKFORCE DEVELOPMENT
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to priority of labor or wage claims over other
  2    debts when an employer's property is placed in receivership or
  3    otherwise seized by creditors.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5400DP 81
  6 kh/gg/14

PAG LIN



  1  1    Section 1.  Section 626.69, Code 2005, is amended to read
  1  2 as follows:
  1  3    626.69  LABOR OR WAGE CLAIMS PREFERRED.
  1  4    When the property of any company, corporation, firm, or
  1  5 person shall be seized upon by any process of any court, or
  1  6 placed in the hands of a receiver, trustee, or assignee, or
  1  7 their property shall be seized by the action of creditors, for
  1  8 the purpose of paying or securing the payment of the debts of
  1  9 such company, corporation, firm, or person, the debts, or
  1 10 wages as defined under section 91A.2, subsection 7, owing to
  1 11 all laborers or employees other than officers of such
  1 12 companies, for labor or work performed or services rendered
  1 13 within the ninety days next six months preceding the seizure
  1 14 or transfer of such property, to an amount not exceeding one
  1 15 hundred dollars to each person, shall be considered and
  1 16 treated as a preferred debt and paid in full, or if there is
  1 17 not sufficient are insufficient funds realized from such
  1 18 property to pay the same in full, then, after the payment of
  1 19 costs, ratably out of the fund funds remaining.
  1 20    Sec. 2.  Section 626.73, Code 2005, is amended to read as
  1 21 follows:
  1 22    626.73  PRIORITY.
  1 23    Claims of employees for labor or wages, if not contested,
  1 24 or if allowed after contest, shall have priority over all
  1 25 claims against or liens upon such property, except prior
  1 26 mechanics' liens for labor in opening or developing coal mines
  1 27 as allowed by law.
  1 28    Sec. 3.  Section 680.7, subsection 3, Code 2005, is amended
  1 29 to read as follows:
  1 30    3.  Debts owing to employees for labor or work performed or
  1 31 services rendered as defined by provided in section 626.69.
  1 32    Sec. 4.  Section 680.8, Code 2005, is amended to read as
  1 33 follows:
  1 34    680.8  NONAPPLICABILITY.
  1 35    The provisions of section 680.7 shall not apply to the
  2  1 receivership of state banks, as defined in section 524.105,
  2  2 trust companies, or private banks, and in the receivership of
  2  3 such state banks and trust companies, or private banks, no
  2  4 such preference or priority shall be allowed as is provided in
  2  5 said the section except for labor or wage claims as provided
  2  6 by statute.
  2  7                           EXPLANATION
  2  8    This bill extends the preference given to labor claims when
  2  9 property is seized or placed under receivership to wage claims
  2 10 for work or services provided.
  2 11    Currently, the Code places a priority on labor claims for
  2 12 labor performed within 90 days preceding the seizure or
  2 13 transfer of the property to an amount not exceeding $100.  In
  2 14 addition to extending the preference to wage claims, the bill
  2 15 extends the time period for labor or work performed or
  2 16 services rendered to within six months preceding the seizure
  2 17 or transfer of the property, and eliminates the $100 maximum
  2 18 per person.  The bill makes conforming changes to chapter 680
  2 19 regarding receivers.
  2 20 LSB 5400DP 81
  2 21 kh:rj/gg/14