House File 707 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


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

                                      A BILL FOR

  1 An Act relating to the payment of wages by electronic funds
  2    transfer pursuant to a payroll card and making penalties
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2780HH 82
  6 ak/es/88

PAG LIN



  1  1    Section 1.  Section 91A.2, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  6A.  "Payroll card" means a card issued by
  1  4 a financial institution that enables the cardholder to
  1  5 transfer the underlying funds to a merchant at the merchant's
  1  6 point of sale terminal or to obtain cash by electronic access
  1  7 to the underlying funds through an automated teller machine or
  1  8 other electronic terminal authorized by the cardholder.  For
  1  9 the purpose of this subsection, "underlying funds" means the
  1 10 amount of funds received from an employer by the issuing
  1 11 financial institution in exchange for the issuance of the
  1 12 payroll card to an employee.
  1 13    Sec. 2.  Section 91A.3, subsection 3, Code 2007, is amended
  1 14 to read as follows:
  1 15    3.  The wages paid under subsection 1 shall be sent to the
  1 16 employee by mail or be paid at the employee's normal place of
  1 17 employment during normal employment hours or at a place and
  1 18 hour mutually agreed upon by the employer and employee, or the
  1 19 employee may elect to have the wages sent for direct deposit
  1 20 paid through electronic funds transfer, on or by the regular
  1 21 payday of the employee, pursuant to direct deposit into a
  1 22 financial institution designated by the employee or pursuant
  1 23 to a payroll card issued by a federally insured financial
  1 24 institution.
  1 25    a.  An employee hired on or after July 1, 2005, may be
  1 26 required, as a condition of employment, to participate in
  1 27 direct deposit of the employee's wages in a financial
  1 28 institution of the employee's choice unless any of the
  1 29 following conditions exist:
  1 30    a.  (1)  The costs to the employee of establishing and
  1 31 maintaining an account for purposes of the direct deposit
  1 32 would effectively reduce the employee's wages to a level below
  1 33 the minimum wage provided under section 91D.1.
  1 34    b.  (2)  The employee would incur fees charged to the
  1 35 employee's account as a result of the direct deposit.
  2  1    c.  (3)  The provisions of a collective bargaining
  2  2 agreement mutually agreed upon by the employer and the
  2  3 employee organization prohibit the employer from requiring an
  2  4 employee to sign up for direct deposit as a condition of hire.
  2  5    b.  If the employer fails to send an employee's wages for
  2  6 direct deposit on or by the regular payday in accordance with
  2  7 this subsection, the employer is liable for the amount of any
  2  8 overdraft charge if the overdraft is created on the employee's
  2  9 account because of the employer's failure to send the wages on
  2 10 or by the regular payday.
  2 11    c.  An employer shall not pay wages pursuant to a payroll
  2 12 card pursuant to this section prior to paying to the issuing
  2 13 financial institution an amount equal to the wages due the
  2 14 employee plus any fees relating to the issuance of the payroll
  2 15 card charged by the financial institution.  An employee may
  2 16 cancel an election to accept payment of wages by a payroll
  2 17 card by delivering a written notice of cancellation to the
  2 18 employer not less than ten days prior to the next payment of
  2 19 wages.  Wages paid pursuant to a payroll card shall be made
  2 20 available to the employee on and after the employee's regular
  2 21 payday and subject to the disposable earnings limitations from
  2 22 garnishment under section 537.5105.
  2 23                           EXPLANATION
  2 24    This bill relates to the payment of wages by use of a
  2 25 payroll card.  The bill defines a "payroll card" as a card
  2 26 that enables the cardholder to transfer the underlying funds
  2 27 to a merchant at the merchant's point of sale terminal or to
  2 28 obtain cash by electronic access to the underlying funds
  2 29 through an automated teller machine or other electronic
  2 30 terminal authorized by the cardholder.  The bill defines
  2 31 "underlying funds" as the amount of funds received from an
  2 32 employer by the issuing financial institution in exchange for
  2 33 the issuance of the payroll card to an employee.
  2 34    The bill allows the payment of wages to an employee by
  2 35 electronic funds transfer pursuant to a payroll card issued by
  3  1 a federally insured financial institution.  Prior to paying
  3  2 wages by a payroll card, an employer must deposit with the
  3  3 financial institution issuing the payroll card an amount of
  3  4 funds equal to the wages owed to the employee plus any fees
  3  5 relating to the issuance of the payroll card that are charged
  3  6 by the financial institution.  The bill provides that an
  3  7 employee may cancel the employee's election to accept payment
  3  8 of wages by a payroll card upon written notice delivered to
  3  9 the employer within 10 days prior to the next payment of wages
  3 10 due the employee by the employer.  Wages paid pursuant to a
  3 11 payroll card are required to remain available to the employee
  3 12 on and after the employee's regular payday and are subject to
  3 13 garnishment only to the extent provided under Code section
  3 14 537.5105.
  3 15    A violation of any provision of Code chapter 91A is subject
  3 16 to a civil penalty of not more than $100 per violation.
  3 17 LSB 2780HH 82
  3 18 ak:nh/es/88