HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON HORBACH)

A BILL FOR

An Act providing that the workers’ compensation commissioner and the labor commissioner shall be appointed by and serve at the pleasure of the director of the department of workforce development and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 86.1, Code 2011, is amended to read as follows:
   86.1  Workers’ compensation commissioner —— term.
   The governor director of the department of workforce development shall appoint, subject to confirmation by the senate, a workers’ compensation commissioner whose term of office who shall be six years beginning and ending as provided in section 69.19 serve at the pleasure of the director. The workers’ compensation commissioner shall maintain an office at the seat of government. The workers’ compensation commissioner must be a lawyer admitted to practice in this state.
   Sec. 2.  Section 86.6, Code 2011, is amended to read as follows:
   86.6  Recommendations of commissioner.
   All recommendations to the governor of any person asking the appointment of another as commissioner shall be reduced to writing, signed by the person presenting the same, which shall be filed by the governor in the governor’s office and open at all reasonable times for public inspection, and all recommendations made by any person to the commissioner for the appointment of another within the power of the commissioner to appoint, shall be reduced to writing, signed by the person presenting the same, and filed by the commissioner and open for public inspection at all reasonable times. If any person recommending the appointment of another within the contemplation of this section refuses to reduce the same to writing, it shall be the duty of the person to whom the recommendation is made, commissioner to make a memorandum thereof, stating the name of the person recommended and the name of the person who made the same, which shall be filed in the office of the governor or the commissioner as the case may be.
   Sec. 3.  Section 86.7, Code 2011, is amended to read as follows:
   86.7  Interest in affected business.
   It shall be unlawful for the commissioner to be financially interested in any business enterprise coming under or affected by this chapter during the commissioner’s term of office, and if the commissioner violates this statute, it shall be sufficient grounds for removal from office, and in such case section, the governor director of the department of workforce development shall at once declare the office vacant and appoint another to fill the vacancy.
   Sec. 4.  Section 91.2, Code 2011, is amended to read as follows:
   91.2  Appointment.
   The governor director of the department of workforce development shall appoint, subject to confirmation by the senate, a labor commissioner who shall serve for a period of six years beginning and ending as provided in section 69.19 at the pleasure of the director.
   Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill provides that the workers’ compensation commissioner and the labor commissioner shall be appointed by and serve at the pleasure of the director of the department of workforce development. Under current law, those positions are appointed by the governor, subject to confirmation by the senate, to six-year terms.
   The bill is effective upon enactment.