Bill Text: IA SF414 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act prohibiting payment of workers' compensation benefits to alien dependents designated as terrorists pursuant to federal law or subject to federal arrest warrants.(Formerly SSB 1115.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-01 - Referred to State Government. S.J. 726. [SF414 Detail]
Download: Iowa-2021-SF414-Introduced.html
Senate
File
414
-
Introduced
SENATE
FILE
414
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1115)
A
BILL
FOR
An
Act
prohibiting
payment
of
workers’
compensation
benefits
1
to
alien
dependents
designated
as
terrorists
pursuant
to
2
federal
law
or
subject
to
federal
arrest
warrants.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
85.31,
subsection
5,
Code
2021,
is
1
amended
to
read
as
follows:
2
5.
Except
as
otherwise
provided
by
treaty,
whenever,
3
under
the
provisions
of
this
chapter
and
chapters
86
and
87
,
4
compensation
is
payable
to
a
dependent
who
is
an
alien
not
5
residing
in
the
United
States
at
the
time
of
the
injury,
the
6
employer
shall
pay
fifty
percent
of
the
compensation
herein
7
otherwise
provided
to
such
dependent,
and
the
other
fifty
8
percent
shall
be
paid
into
the
second
injury
fund
in
the
9
custody
of
the
treasurer
of
state.
But
if
10
a.
If
the
nonresident
alien
dependent
is
a
citizen
of
a
11
government
having
a
compensation
law
which
excludes
citizens
12
of
the
United
States,
either
resident
or
nonresident,
from
13
partaking
of
the
benefits
of
such
law
in
as
favorable
degree
14
as
herein
extended
to
the
nonresident
alien,
then
said
such
15
compensation
which
would
otherwise
be
payable
to
such
dependent
16
shall
be
paid
into
the
second
injury
fund
in
the
custody
of
the
17
treasurer
of
state.
18
b.
Compensation
shall
not
be
payable
to
a
dependent
who
19
is
designated
as
a
terrorist
by
a
federal
agency
pursuant
to
20
applicable
federal
law
or
who
is
subject
to
an
arrest
warrant
21
issued
by
a
federal
agency.
22
Sec.
2.
Section
85.44,
Code
2021,
is
amended
to
read
as
23
follows:
24
85.44
Payment
to
actual
dependents.
25
In
all
other
cases,
a
dependent
shall
be
one
actually
26
dependent
or
mentally
or
physically
incapacitated
from
earning.
27
Such
status
shall
be
determined
in
accordance
with
the
facts
as
28
of
the
date
of
the
injury.
In
such
cases
if
there
is
more
than
29
one
person,
the
compensation
benefit
shall
be
equally
divided
30
among
them.
If
there
is
no
one
wholly
dependent
and
more
than
31
one
person
partially
dependent,
the
compensation
benefit
shall
32
be
divided
among
them
in
the
proportion
each
dependency
bears
33
to
their
aggregate
dependency.
However,
compensation
shall
not
34
be
payable
to
a
dependent
who
is
designated
as
a
terrorist
by
35
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a
federal
agency
pursuant
to
applicable
federal
law
or
who
is
1
subject
to
an
arrest
warrant
issued
by
a
federal
agency.
2
Sec.
3.
Section
85.51,
Code
2021,
is
amended
to
read
as
3
follows:
4
85.51
Alien
dependents
in
foreign
country.
5
In
case
a
deceased
employee
for
whose
injury
or
death
6
compensation
is
payable
leaves
surviving
an
alien
dependent
7
or
dependents
residing
outside
the
United
States,
the
consul
8
general,
consul,
vice
consul,
or
consular
agent
of
the
nation
9
of
which
the
said
dependent
or
dependents
are
citizens,
or
10
the
duly
appointed
representative
of
such
consular
official
11
resident
in
the
state
of
Iowa,
shall
be
regarded
as
the
12
exclusive
representative
of
such
dependent
or
dependents,
and
13
said
the
consular
officials
or
their
representatives
shall
14
have
the
same
rights
and
powers
in
all
matters
of
compensation
15
which
said
the
nonresident
aliens
would
have
if
resident
in
16
the
state
of
Iowa.
However,
compensation
shall
not
be
payable
17
to
a
dependent
who
is
designated
as
a
terrorist
by
a
federal
18
agency
pursuant
to
applicable
federal
law
or
who
is
subject
to
19
an
arrest
warrant
issued
by
a
federal
agency.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
prohibits
payment
of
workers’
compensation
24
benefits
to
a
surviving
dependent
of
a
deceased
person
to
25
whom
such
benefits
were
payable,
if
the
dependent
is
either
26
designated
as
a
terrorist
by
a
federal
agency
pursuant
to
27
applicable
federal
law
or
subject
to
an
arrest
warrant
issued
28
by
a
federal
agency.
29
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