Senate File 69 - Introduced SENATE FILE 69 BY DAWSON A BILL FOR An Act requiring that contractors provide information 1 about persons performing construction work on certain 2 public improvement projects to the labor commissioner, 3 making penalties applicable, and including applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1849XS (2) 89 je/rn

S.F. 69 Section 1. NEW SECTION . 73A.29 Contractors for public 1 improvement projects —— information to be filed with the labor 2 commissioner. 3 1. For purposes of this section, “contractor” means any 4 person that enters into a contract for the performance of 5 construction work on a public improvement project. 6 2. a. A contractor shall file the following information 7 with the labor commissioner prior to the contractor performing 8 any construction work on a public improvement project: 9 (1) The contractor’s name. 10 (2) The address of the contractor’s principal place of 11 business. 12 (3) A mailing address for the contractor that is suitable 13 for receiving information relating to the enforcement of this 14 section, if different than the address provided pursuant to 15 subparagraph (2). 16 (4) The contractor’s telephone number. 17 (5) The contractor’s electronic mail address, if any. 18 (6) The name, mailing address, telephone number, and 19 electric mail address, if any, of any individual serving as a 20 point of contact for the contractor for purposes of enforcement 21 of this section, if different than information provided 22 pursuant to subparagraphs (1) through (5). 23 b. A contractor shall file the following information about 24 each person with which the contractor enters into a contract 25 for the performance of any construction work on a public 26 improvement project with the labor commissioner prior to the 27 person performing any construction work on a public improvement 28 project: 29 (1) The person’s name. 30 (2) The address of the person’s principal place of business. 31 (3) A mailing address for the person that is suitable for 32 receiving information relating to the enforcement of this 33 section, if different than the address provided pursuant to 34 subparagraph (2). 35 -1- LSB 1849XS (2) 89 je/rn 1/ 3

S.F. 69 (4) The person’s telephone number. 1 (5) The person’s electronic mail address, if any. 2 (6) The name, mailing address, telephone number, and 3 electric mail address, if any, of any individual serving as a 4 point of contact for the person for purposes of enforcement of 5 this section, if different than information provided pursuant 6 to subparagraphs (1) through (5). 7 3. The requirements of subsection 2 apply to each contractor 8 in each tier of subcontractors that enters into a contract with 9 any other person described in subsection 2, paragraph “b” . 10 Sec. 2. Section 91C.8, subsection 1, Code 2021, is amended 11 to read as follows: 12 1. The labor commissioner and inspectors of the division of 13 labor services of the department of workforce development have 14 jurisdiction for investigation and enforcement in cases where 15 contractors may be in violation of the requirements of this 16 chapter or rules adopted pursuant to this chapter and where 17 contractors as defined in section 73A.29 may be in violation of 18 the requirements of that section . 19 Sec. 3. Section 91C.8, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 2A. If, upon investigation, the labor 22 commissioner or the commissioner’s authorized representative 23 believes that a contractor as defined in section 73A.29 has 24 violated the requirements of section 73A.29, the commissioner 25 shall with reasonable promptness issue a citation to the 26 contractor. 27 Sec. 4. APPLICABILITY. This Act applies to contracts for 28 public improvement projects awarded on or after January 1, 29 2022. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill requires that a contractor file certain specified 34 information with the labor commissioner prior to the contractor 35 -2- LSB 1849XS (2) 89 je/rn 2/ 3

S.F. 69 performing any construction work on a public improvement 1 project. The bill requires that a contractor file similar 2 information with the labor commissioner about each person with 3 which the contractor enters into a contract for the performance 4 of any construction work on a public improvement project prior 5 to the person performing any construction work on a public 6 improvement project. The required information includes the 7 contractor or person’s name, address of principal place of 8 business, and other specified contact information. 9 The bill provides the labor commissioner with the authority 10 under Code chapter 91C to investigate violations of and 11 enforce the requirements of the bill, as well as to issue 12 citations for such violations. Code chapter 91C provides for 13 administrative penalties of not more than $500 in the case of a 14 first violation and not more than $5,000 for each subsequent 15 violation. 16 The bill defines a “contractor” as any person that enters 17 into a contract for the performance of construction work on a 18 public improvement project. 19 Current Code defines “public improvement” as any building or 20 construction work which is constructed, repaired, remodeled, 21 or demolished under the control of a governmental entity and 22 is paid for in whole or in part with funds of the governmental 23 entity, including a building or improvement constructed or 24 operated jointly with any other public or private agency. 25 The bill applies to contracts for public improvement 26 projects awarded on or after January 1, 2022. 27 -3- LSB 1849XS (2) 89 je/rn 3/ 3