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Senate File 2335 - IntroducedA Bill ForAn Act 1requiring that contractors provide information about
2persons performing construction work on certain public
3improvement projects to the labor commissioner and including
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 73A.29 Contractors for public
2improvement projects — information to be filed with the labor
3commissioner.
41. For purposes of this section, “contractor” means any
5person that enters into a contract for the performance of
6construction work on a public improvement project.
72. a. A contractor shall file the following information
8with the labor commissioner prior to the contractor performing
9any construction work on a public improvement project:
10(1) The contractor’s name.
11(2) The address of the contractor’s principal place of
12business.
13(3) A mailing address for the contractor that is suitable
14for receiving information relating to the enforcement of this
15section, if different than the address provided pursuant to
16subparagraph (2).
17(4) The contractor’s telephone number.
18(5) The contractor’s electronic mail address, if any.
19(6) The name, mailing address, telephone number, and
20electric mail address, if any, of any individual serving as a
21point of contact for the contractor for purposes of enforcement
22of this section, if different than information provided
23pursuant to subparagraphs (1) through (5).
24b. A contractor shall file the following information about
25each person with which the contractor enters into a contract
26for the performance of any construction work on a public
27improvement project with the labor commissioner prior to the
28person performing any construction work on a public improvement
29project:
30(1) The person’s name.
31(2) The address of the person’s principal place of business.
32(3) A mailing address for the person that is suitable for
33receiving information relating to the enforcement of this
34section, if different than the address provided pursuant to
35subparagraph (2).
-1- 1(4) The person’s telephone number.
2(5) The person’s electronic mail address, if any.
3(6) The name, mailing address, telephone number, and
4electric mail address, if any, of any individual serving as a
5point of contact for the person for purposes of enforcement of
6this section, if different than information provided pursuant
7to subparagraphs (1) through (5).
83. The requirements of subsection 2 apply to each contractor
9in each tier of subcontractors that enters into a contract with
10any other person described in subsection 2, paragraph “b”.
11 Sec. 2. Section 91C.8, subsection 1, Code 2020, is amended
12to read as follows:
131. The labor commissioner and inspectors of the division of
14labor services of the department of workforce development have
15jurisdiction for investigation and enforcement in cases where
16contractors may be in violation of the requirements of this
17chapter or rules adopted pursuant to this chapter and where
18contractors as defined in section 73A.29 may be in violation of
19the requirements of that section.
20 Sec. 3. Section 91C.8, Code 2020, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. If, upon investigation, the labor
23commissioner or the commissioner’s authorized representative
24believes that a contractor as defined in section 73A.29 has
25violated the requirements of section 73A.29, the commissioner
26shall with reasonable promptness issue a citation to the
27contractor.
28 Sec. 4. APPLICABILITY. This Act applies to contracts for
29public improvement projects awarded on or after January 1,
302021.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill requires that a contractor file certain specified
35information with the labor commissioner prior to the contractor
-2-1performing any construction work on a public improvement
2project. The bill requires that a contractor file similar
3information with the labor commissioner about each person with
4which the contractor enters into a contract for the performance
5of any construction work on a public improvement project prior
6to the person performing any construction work on a public
7improvement project. The required information includes the
8contractor or person’s name, address of principal place of
9business, and other specified contact information.
10The bill provides the labor commissioner with the authority
11under Code chapter 91C to investigate violations of and
12enforce the requirements of the bill, as well as to issue
13citations for such violations. Code chapter 91C provides for
14administrative penalties of not more than $500 in the case of a
15first violation and not more than $5,000 for each subsequent
16violation.
17The bill defines a “contractor” as any person that enters
18into a contract for the performance of construction work on a
19public improvement project.
20Current Code defines “public improvement” as any building or
21construction work which is constructed, repaired, remodeled,
22or demolished under the control of a governmental entity and
23is paid for in whole or in part with funds of the governmental
24entity, including a building or improvement constructed or
25operated jointly with any other public or private agency.
26The bill applies to contracts for public improvement
27projects awarded on or after January 1, 2021.
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2persons performing construction work on certain public
3improvement projects to the labor commissioner and including
4applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 73A.29 Contractors for public
2improvement projects — information to be filed with the labor
3commissioner.
41. For purposes of this section, “contractor” means any
5person that enters into a contract for the performance of
6construction work on a public improvement project.
72. a. A contractor shall file the following information
8with the labor commissioner prior to the contractor performing
9any construction work on a public improvement project:
10(1) The contractor’s name.
11(2) The address of the contractor’s principal place of
12business.
13(3) A mailing address for the contractor that is suitable
14for receiving information relating to the enforcement of this
15section, if different than the address provided pursuant to
16subparagraph (2).
17(4) The contractor’s telephone number.
18(5) The contractor’s electronic mail address, if any.
19(6) The name, mailing address, telephone number, and
20electric mail address, if any, of any individual serving as a
21point of contact for the contractor for purposes of enforcement
22of this section, if different than information provided
23pursuant to subparagraphs (1) through (5).
24b. A contractor shall file the following information about
25each person with which the contractor enters into a contract
26for the performance of any construction work on a public
27improvement project with the labor commissioner prior to the
28person performing any construction work on a public improvement
29project:
30(1) The person’s name.
31(2) The address of the person’s principal place of business.
32(3) A mailing address for the person that is suitable for
33receiving information relating to the enforcement of this
34section, if different than the address provided pursuant to
35subparagraph (2).
-1- 1(4) The person’s telephone number.
2(5) The person’s electronic mail address, if any.
3(6) The name, mailing address, telephone number, and
4electric mail address, if any, of any individual serving as a
5point of contact for the person for purposes of enforcement of
6this section, if different than information provided pursuant
7to subparagraphs (1) through (5).
83. The requirements of subsection 2 apply to each contractor
9in each tier of subcontractors that enters into a contract with
10any other person described in subsection 2, paragraph “b”.
11 Sec. 2. Section 91C.8, subsection 1, Code 2020, is amended
12to read as follows:
131. The labor commissioner and inspectors of the division of
14labor services of the department of workforce development have
15jurisdiction for investigation and enforcement in cases where
16contractors may be in violation of the requirements of this
17chapter or rules adopted pursuant to this chapter and where
18contractors as defined in section 73A.29 may be in violation of
19the requirements of that section.
20 Sec. 3. Section 91C.8, Code 2020, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. If, upon investigation, the labor
23commissioner or the commissioner’s authorized representative
24believes that a contractor as defined in section 73A.29 has
25violated the requirements of section 73A.29, the commissioner
26shall with reasonable promptness issue a citation to the
27contractor.
28 Sec. 4. APPLICABILITY. This Act applies to contracts for
29public improvement projects awarded on or after January 1,
302021.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill requires that a contractor file certain specified
35information with the labor commissioner prior to the contractor
-2-1performing any construction work on a public improvement
2project. The bill requires that a contractor file similar
3information with the labor commissioner about each person with
4which the contractor enters into a contract for the performance
5of any construction work on a public improvement project prior
6to the person performing any construction work on a public
7improvement project. The required information includes the
8contractor or person’s name, address of principal place of
9business, and other specified contact information.
10The bill provides the labor commissioner with the authority
11under Code chapter 91C to investigate violations of and
12enforce the requirements of the bill, as well as to issue
13citations for such violations. Code chapter 91C provides for
14administrative penalties of not more than $500 in the case of a
15first violation and not more than $5,000 for each subsequent
16violation.
17The bill defines a “contractor” as any person that enters
18into a contract for the performance of construction work on a
19public improvement project.
20Current Code defines “public improvement” as any building or
21construction work which is constructed, repaired, remodeled,
22or demolished under the control of a governmental entity and
23is paid for in whole or in part with funds of the governmental
24entity, including a building or improvement constructed or
25operated jointly with any other public or private agency.
26The bill applies to contracts for public improvement
27projects awarded on or after January 1, 2021.
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