House Study Bill 620 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON FORRISTALL) A BILL FOR An Act creating a wage payment collection revolving fund and 1 making an appropriation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6120YC (2) 85 je/rj
H.F. _____ Section 1. Section 91A.12, subsections 1 and 4, Code 2014, 1 are amended to read as follows: 2 1. Any employer who violates the provisions of this chapter 3 or the rules promulgated under it shall be subject to a civil 4 money penalty of not more than five hundred dollars per pay 5 period for each violation. The commissioner may recover such 6 civil money penalty according to the provisions of subsections 7 2 to 5. Any civil money penalty recovered shall be remitted 8 to the treasurer of state to be deposited in the general wage 9 payment collection fund of the state . 10 4. An employer may seek judicial review of any assessment 11 rendered under subsection 3 by instituting proceedings 12 for judicial review pursuant to chapter 17A . However, such 13 proceedings must be instituted in the district court of the 14 county in which the violation or one of the violations occurred 15 and within thirty days of the day on which the employer was 16 notified that an assessment has been rendered. Also, an 17 employer may be required, at the discretion of the district 18 court and upon instituting such proceedings, to deposit the 19 amount assessed with the clerk of the district court. Any 20 moneys so deposited shall either be returned to the employer 21 or be forwarded to the commissioner for remittance to the 22 treasurer of state for deposit in the general wage payment 23 collection fund of the state , depending on the outcome of the 24 judicial review, including any appeal to the supreme court. 25 Sec. 2. NEW SECTION . 91A.15 Wage payment collection fund —— 26 penalties appropriated. 27 A wage payment collection revolving fund is created within 28 the state treasury under the control of the commissioner and 29 shall consist of moneys collected by the commissioner as 30 penalties pursuant to section 91A.12. Moneys in the fund 31 are appropriated to and shall be used by the commissioner 32 to pay the actual costs and expenses necessary to perform 33 the duties of the commissioner as described in this chapter. 34 All penalties collected by the commissioner pursuant to this 35 -1- LSB 6120YC (2) 85 je/rj 1/ 2
H.F. _____ chapter shall be remitted to the treasurer of state to be 1 deposited in the fund. All salaries and expenses properly 2 chargeable to the fund shall be paid from the fund. Section 3 8.33 does not apply to any moneys in the fund. Notwithstanding 4 section 12C.7, subsection 2, interest or earnings on moneys 5 deposited in the fund shall be credited to the fund. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill creates a wage payment collection revolving fund 10 within the state treasury under the control of the labor 11 commissioner. The fund shall consist of moneys collected by 12 the commissioner pursuant to Code section 91A.12 as penalties 13 for violations of Code chapter 91A, the Iowa wage payment 14 collection law. The bill appropriates moneys in the fund to 15 the commissioner to pay the actual costs and expenses necessary 16 to perform the duties described in Code chapter 91A. 17 -2- LSB 6120YC (2) 85 je/rj 2/ 2