Senate File 276 - Introduced
SENATE FILE
BY COMMITTEE ON LABOR AND
BUSINESS RELATIONS
(SUCCESSOR TO SSB 1063)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring reimbursement of the division of labor services
2 of the department of workforce development when the labor
3 commissioner or an employee of the division of labor services
4 is compelled to give testimony or depositions concerning their
5 official duties in civil proceedings.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1414SV 82
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PAG LIN
1 1 Section 1. NEW SECTION. 91.13 CIVIL PROCEEDINGS.
1 2 1. When the labor commissioner or an employee of the
1 3 division of labor services of the department of workforce
1 4 development is compelled to testify or to give a deposition
1 5 concerning official job duties in civil proceedings to which
1 6 the labor commissioner is not a party, the party compelling
1 7 the testimony or deposition shall reimburse the division of
1 8 labor services reasonable costs, including the following:
1 9 a. Travel expenses, including mileage, meals, and lodging,
1 10 which shall be paid at the applicable rates set for
1 11 reimbursement to state employees.
1 12 b. The hourly pay rate of the labor commissioner or
1 13 division of labor services employee compelled, plus the hourly
1 14 pay rate of a division of labor services attorney who shall
1 15 accompany the labor commissioner or employee. The hourly pay
1 16 rate shall be reimbursed for time spent in deposition and
1 17 trial and for travel time and wait time. For the purposes of
1 18 this section, "wait time" means time after the subpoena is
1 19 served until the labor commissioner or division of labor
1 20 services employee is released during which time the labor
1 21 commissioner, division of labor services attorney, or division
1 22 of labor services employee is unable to perform all or some
1 23 job duties due to the potential enforcement of the subpoena,
1 24 but for no more than eight hours a day.
1 25 2. The labor commissioner shall send to the party that
1 26 compelled the testimony or deposition an itemized invoice
1 27 stating the amounts owed pursuant to subsection 1 and the
1 28 total amount owed. If the invoice is not paid in full within
1 29 sixty days, the labor commissioner may file a petition for
1 30 enforcement with the clerk of court. Unless otherwise ordered
1 31 by the court, the clerk of court shall enter a decree
1 32 enforcing the order and shall transmit a copy of the decree to
1 33 the party that compelled the testimony or deposition.
1 34 EXPLANATION
1 35 This bill requires parties that compel the labor
2 1 commissioner or an employee of the division of labor services
2 2 of the department of workforce development to give a
2 3 deposition or to testify in a civil proceeding in which the
2 4 commissioner is not a party to reimburse the division for
2 5 reasonable costs.
2 6 The reimbursable costs include travel expenses at the rate
2 7 set for state employees and the hourly pay rate of the
2 8 employee compelled plus the hourly pay rate of a division
2 9 attorney who accompanies the employee. The division shall be
2 10 reimbursed at the hourly pay rate for time spent in trial and
2 11 deposition and for the travel time and wait time, which is the
2 12 time after the subpoena is served and the employee is released
2 13 and during which the employee is unable to perform all or some
2 14 job duties due to potential enforcement of the subpoena.
2 15 The commissioner shall send an itemized invoice to the
2 16 party who subpoenaed the employee. If the amount is not paid
2 17 in 60 days, the commissioner may file for a petition of
2 18 enforcement in district court.
2 19 LSB 1414SV 82
2 20 ak:nh/es/88