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
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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
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_____
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
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