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Senate File 414 - IntroducedA Bill ForAn Act 1prohibiting payment of workers’ compensation benefits
2to alien dependents designated as terrorists pursuant to
3federal law or subject to federal arrest warrants.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.31, subsection 5, Code 2021, is
2amended to read as follows:
35. Except as otherwise provided by treaty, whenever,
4under the provisions of this chapter and chapters 86 and 87,
5compensation is payable to a dependent who is an alien not
6residing in the United States at the time of the injury, the
7employer shall pay fifty percent of the compensation herein
8otherwise provided to such dependent, and the other fifty
9percent shall be paid into the second injury fund in the
10custody of the treasurer of state. But if
11a. Ifthe nonresident alien dependent is a citizen of a
12government having a compensation law which excludes citizens
13of the United States, either resident or nonresident, from
14partaking of the benefits of such law in as favorable degree
15as herein extended to the nonresident alien, then said such
16 compensation which would otherwise be payable to such dependent
17shall be paid into the second injury fund in the custody of the
18treasurer of state.
19b. Compensation shall not be payable to a dependent who
20is designated as a terrorist by a federal agency pursuant to
21applicable federal law or who is subject to an arrest warrant
22issued by a federal agency.
23 Sec. 2. Section 85.44, Code 2021, is amended to read as
24follows:
2585.44 Payment to actual dependents.
26In all other cases, a dependent shall be one actually
27dependent or mentally or physically incapacitated from earning.
28Such status shall be determined in accordance with the facts as
29of the date of the injury. In such cases if there is more than
30one person, the compensation benefit shall be equally divided
31among them. If there is no one wholly dependent and more than
32one person partially dependent, the compensation benefit shall
33be divided among them in the proportion each dependency bears
34to their aggregate dependency. However, compensation shall not
35be payable to a dependent who is designated as a terrorist by
-1-1a federal agency pursuant to applicable federal law or who is
2subject to an arrest warrant issued by a federal agency.
3 Sec. 3. Section 85.51, Code 2021, is amended to read as
4follows:
585.51 Alien dependents in foreign country.
6In case a deceased employee for whose injury or death
7compensation is payable leaves surviving an alien dependent
8or dependents residing outside the United States, the consul
9general, consul, vice consul, or consular agent of the nation
10of which the said dependent or dependents are citizens, or
11the duly appointed representative of such consular official
12resident in the state of Iowa, shall be regarded as the
13exclusive representative of such dependent or dependents, and
14said the consular officials or their representatives shall
15have the same rights and powers in all matters of compensation
16which said the nonresident aliens would have if resident in
17the state of Iowa. However, compensation shall not be payable
18to a dependent who is designated as a terrorist by a federal
19agency pursuant to applicable federal law or who is subject to
20an arrest warrant issued by a federal agency.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill prohibits payment of workers’ compensation
25benefits to a surviving dependent of a deceased person to
26whom such benefits were payable, if the dependent is either
27designated as a terrorist by a federal agency pursuant to
28applicable federal law or subject to an arrest warrant issued
29by a federal agency.
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2to alien dependents designated as terrorists pursuant to
3federal law or subject to federal arrest warrants.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 85.31, subsection 5, Code 2021, is
2amended to read as follows:
35. Except as otherwise provided by treaty, whenever,
4under the provisions of this chapter and chapters 86 and 87,
5compensation is payable to a dependent who is an alien not
6residing in the United States at the time of the injury, the
7employer shall pay fifty percent of the compensation herein
8otherwise provided to such dependent, and the other fifty
9percent shall be paid into the second injury fund in the
10custody of the treasurer of state. But if
11a. Ifthe nonresident alien dependent is a citizen of a
12government having a compensation law which excludes citizens
13of the United States, either resident or nonresident, from
14partaking of the benefits of such law in as favorable degree
15as herein extended to the nonresident alien, then said such
16 compensation which would otherwise be payable to such dependent
17shall be paid into the second injury fund in the custody of the
18treasurer of state.
19b. Compensation shall not be payable to a dependent who
20is designated as a terrorist by a federal agency pursuant to
21applicable federal law or who is subject to an arrest warrant
22issued by a federal agency.
23 Sec. 2. Section 85.44, Code 2021, is amended to read as
24follows:
2585.44 Payment to actual dependents.
26In all other cases, a dependent shall be one actually
27dependent or mentally or physically incapacitated from earning.
28Such status shall be determined in accordance with the facts as
29of the date of the injury. In such cases if there is more than
30one person, the compensation benefit shall be equally divided
31among them. If there is no one wholly dependent and more than
32one person partially dependent, the compensation benefit shall
33be divided among them in the proportion each dependency bears
34to their aggregate dependency. However, compensation shall not
35be payable to a dependent who is designated as a terrorist by
-1-1a federal agency pursuant to applicable federal law or who is
2subject to an arrest warrant issued by a federal agency.
3 Sec. 3. Section 85.51, Code 2021, is amended to read as
4follows:
585.51 Alien dependents in foreign country.
6In case a deceased employee for whose injury or death
7compensation is payable leaves surviving an alien dependent
8or dependents residing outside the United States, the consul
9general, consul, vice consul, or consular agent of the nation
10of which the said dependent or dependents are citizens, or
11the duly appointed representative of such consular official
12resident in the state of Iowa, shall be regarded as the
13exclusive representative of such dependent or dependents, and
14said the consular officials or their representatives shall
15have the same rights and powers in all matters of compensation
16which said the nonresident aliens would have if resident in
17the state of Iowa. However, compensation shall not be payable
18to a dependent who is designated as a terrorist by a federal
19agency pursuant to applicable federal law or who is subject to
20an arrest warrant issued by a federal agency.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill prohibits payment of workers’ compensation
25benefits to a surviving dependent of a deceased person to
26whom such benefits were payable, if the dependent is either
27designated as a terrorist by a federal agency pursuant to
28applicable federal law or subject to an arrest warrant issued
29by a federal agency.
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