Print
Senate File 2306 - IntroducedA Bill ForAn Act 1relating to injunctions issued to employers for certain
2violations of the state unemployment insurance law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.14, subsection 16, Code 2020, is
2amended to read as follows:
316. Injunction upon nonpayment. Any employer or employing
4unit refusing or failing to make and file required reports,
5records, or to pay any contributions, interest, or penalty
6under the provisions of this chapter, after ten days’ written
7notice sent by the department to the employer’s or employing
8unit’s last known address by certified mail, may be enjoined
9from operating any business in the state while in violation
10of this chapter upon the complaint of the department in the
11district court of a county in which the employer or employing
12unit has or had a place of business within the state, and
13any temporary injunction enjoining the continuance of such
14business may be granted without notice and without a bond being
15required from the department. Such injunction may enjoin any
16employer or employing unit from operating a business unit
17until the delinquent contributions, interest, or penalties
18shall have been made and filed or paid; or the employer shall
19have furnished a good and sufficient bond conditioned upon the
20payment of such delinquencies in such an amount and containing
21such terms as may be determined by the court; or the employer
22has entered into a plan for the liquidation of the business to
23pay for such delinquencies as the court may approve, provided
24that such injunction may be reinstated upon the employer’s
25failure to comply with the terms of said plan.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill provides that an employer or employing unit
30subject to unemployment insurance that refuses or fails to make
31and file required records is subject to a possible injunction
32by the department of workforce development for the violation.
33The bill modifies a reference to plans for liquidation of
34deficiencies relating to unemployment insurance by an employer
35or employing unit to specify that such a plan is for the
-1-1liquidation of a business to pay for such deficiencies.
-2-je/rn
2violations of the state unemployment insurance law.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.14, subsection 16, Code 2020, is
2amended to read as follows:
316. Injunction upon nonpayment. Any employer or employing
4unit refusing or failing to make and file required reports,
5records, or to pay any contributions, interest, or penalty
6under the provisions of this chapter, after ten days’ written
7notice sent by the department to the employer’s or employing
8unit’s last known address by certified mail, may be enjoined
9from operating any business in the state while in violation
10of this chapter upon the complaint of the department in the
11district court of a county in which the employer or employing
12unit has or had a place of business within the state, and
13any temporary injunction enjoining the continuance of such
14business may be granted without notice and without a bond being
15required from the department. Such injunction may enjoin any
16employer or employing unit from operating a business unit
17until the delinquent contributions, interest, or penalties
18shall have been made and filed or paid; or the employer shall
19have furnished a good and sufficient bond conditioned upon the
20payment of such delinquencies in such an amount and containing
21such terms as may be determined by the court; or the employer
22has entered into a plan for the liquidation of the business to
23pay for such delinquencies as the court may approve, provided
24that such injunction may be reinstated upon the employer’s
25failure to comply with the terms of said plan.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill provides that an employer or employing unit
30subject to unemployment insurance that refuses or fails to make
31and file required records is subject to a possible injunction
32by the department of workforce development for the violation.
33The bill modifies a reference to plans for liquidation of
34deficiencies relating to unemployment insurance by an employer
35or employing unit to specify that such a plan is for the
-1-1liquidation of a business to pay for such deficiencies.
-2-je/rn