Bill Text: IA SSB1086 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act concerning unemployment insurance and including effective date and applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-01-31 - Subcommittee: Chapman, Bisignano and Brown. [SSB1086 Detail]
Download: Iowa-2019-SSB1086-Introduced.html
Senate
Study
Bill
1086
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
BILL)
A
BILL
FOR
An
Act
concerning
unemployment
insurance
and
including
1
effective
date
and
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
_____
DIVISION
I
1
UNEMPLOYMENT
INSURANCE
TAX
AND
BENEFITS
——
2019
2
Section
1.
Section
96.3,
subsection
5,
paragraph
a,
Code
3
2019,
is
amended
to
read
as
follows:
4
a.
Duration
of
benefits.
The
maximum
total
amount
of
5
benefits
payable
to
an
eligible
individual
during
a
benefit
6
year
shall
not
exceed
the
total
of
the
wage
credits
accrued
7
to
the
individual’s
account
during
the
individual’s
base
8
period,
or
twenty-six
times
the
individual’s
weekly
benefit
9
amount,
whichever
is
the
lesser.
The
director
shall
maintain
10
a
separate
account
for
each
individual
who
earns
wages
in
11
insured
work.
The
director
shall
compute
wage
credits
for
12
each
individual
by
crediting
the
individual’s
account
with
13
one-third
of
the
wages
for
insured
work
paid
to
the
individual
14
during
the
individual’s
base
period.
However,
the
director
15
shall
recompute
wage
credits
for
an
individual
who
is
laid
16
off
due
to
the
individual’s
employer
going
out
of
business
at
17
the
factory,
establishment,
or
other
premises
at
which
the
18
individual
was
last
employed,
by
crediting
the
individual’s
19
account
with
one-half,
instead
of
one-third,
of
the
wages
for
20
insured
work
paid
to
the
individual
during
the
individual’s
21
base
period.
Benefits
paid
to
an
eligible
individual
shall
22
be
charged
against
the
base
period
wage
credits
in
the
23
individual’s
account
which
have
not
been
previously
charged,
24
in
the
inverse
chronological
order
as
the
wages
on
which
the
25
wage
credits
are
based
were
paid.
However
if
the
state
“off”
26
indicator
is
in
effect
and
if
the
individual
is
laid
off
due
to
27
the
individual’s
employer
going
out
of
business
at
the
factory,
28
establishment,
or
other
premises
at
which
the
individual
was
29
last
employed,
the
maximum
benefits
payable
shall
be
extended
30
to
thirty-nine
times
the
individual’s
weekly
benefit
amount,
31
but
not
to
exceed
the
total
of
the
wage
credits
accrued
to
the
32
individual’s
account.
33
Sec.
2.
Section
96.6,
subsection
2,
Code
2019,
is
amended
34
to
read
as
follows:
35
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2.
Initial
determination.
A
representative
designated
by
1
the
director
shall
promptly
notify
all
interested
parties
to
2
the
claim
of
its
filing,
and
the
parties
have
ten
days
from
3
the
date
of
mailing
issuing
the
notice
of
the
filing
of
the
4
claim
by
ordinary
mail
to
the
last
known
address
to
protest
5
payment
of
benefits
to
the
claimant.
All
interested
parties
6
shall
select
a
format
as
specified
by
the
department
to
receive
7
such
notifications.
The
representative
shall
promptly
examine
8
the
claim
and
any
protest,
take
the
initiative
to
ascertain
9
relevant
information
concerning
the
claim,
and,
on
the
basis
of
10
the
facts
found
by
the
representative,
shall
determine
whether
11
or
not
the
claim
is
valid,
the
week
with
respect
to
which
12
benefits
shall
commence,
the
weekly
benefit
amount
payable
13
and
its
maximum
duration,
and
whether
any
disqualification
14
shall
be
imposed.
The
claimant
has
the
burden
of
proving
15
that
the
claimant
meets
the
basic
eligibility
conditions
of
16
section
96.4
.
The
employer
has
the
burden
of
proving
that
the
17
claimant
is
disqualified
for
benefits
pursuant
to
section
96.5
,
18
except
as
provided
by
this
subsection
.
The
claimant
has
the
19
initial
burden
to
produce
evidence
showing
that
the
claimant
20
is
not
disqualified
for
benefits
in
cases
involving
section
21
96.5,
subsections
10
and
11
,
and
has
the
burden
of
proving
22
that
a
voluntary
quit
pursuant
to
section
96.5,
subsection
1
,
23
was
for
good
cause
attributable
to
the
employer
and
that
the
24
claimant
is
not
disqualified
for
benefits
in
cases
involving
25
section
96.5,
subsection
1
,
paragraphs
“a”
through
“h”
.
Unless
26
the
claimant
or
other
interested
party,
after
notification
or
27
within
ten
calendar
days
after
notification
was
mailed
issued
28
to
the
claimant’s
last
known
address,
files
an
appeal
from
the
29
decision,
the
decision
is
final
and
benefits
shall
be
paid
or
30
denied
in
accordance
with
the
decision.
If
an
administrative
31
law
judge
affirms
a
decision
of
the
representative,
or
the
32
appeal
board
affirms
a
decision
of
the
administrative
law
judge
33
allowing
benefits,
the
benefits
shall
be
paid
regardless
of
34
any
appeal
which
is
thereafter
taken,
but
if
the
decision
is
35
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finally
reversed,
no
employer’s
account
shall
be
charged
with
1
benefits
so
paid
and
this
relief
from
charges
shall
apply
to
2
both
contributory
and
reimbursable
employers,
notwithstanding
3
section
96.8,
subsection
5
.
4
Sec.
3.
Section
96.14,
subsection
16,
Code
2019,
is
amended
5
to
read
as
follows:
6
16.
Injunction
upon
nonpayment.
Any
employer
or
employing
7
unit
refusing
or
failing
to
make
and
file
required
reports
,
8
records,
or
to
pay
any
contributions,
interest,
or
penalty
9
under
the
provisions
of
this
chapter
,
after
ten
days’
written
10
notice
sent
by
the
department
to
the
employer’s
or
employing
11
unit’s
last
known
address
by
certified
mail,
may
be
enjoined
12
from
operating
any
business
in
the
state
while
in
violation
13
of
this
chapter
upon
the
complaint
of
the
department
in
the
14
district
court
of
a
county
in
which
the
employer
or
employing
15
unit
has
or
had
a
place
of
business
within
the
state,
and
16
any
temporary
injunction
enjoining
the
continuance
of
such
17
business
may
be
granted
without
notice
and
without
a
bond
being
18
required
from
the
department.
Such
injunction
may
enjoin
any
19
employer
or
employing
unit
from
operating
a
business
unit
20
until
the
delinquent
contributions,
interest,
or
penalties
21
shall
have
been
made
and
filed
or
paid;
or
the
employer
shall
22
have
furnished
a
good
and
sufficient
bond
conditioned
upon
the
23
payment
of
such
delinquencies
in
such
an
amount
and
containing
24
such
terms
as
may
be
determined
by
the
court;
or
the
employer
25
has
entered
into
a
plan
for
the
liquidation
of
the
business
to
26
pay
for
such
delinquencies
as
the
court
may
approve,
provided
27
that
such
injunction
may
be
reinstated
upon
the
employer’s
28
failure
to
comply
with
the
terms
of
said
plan.
29
Sec.
4.
Section
96.40,
subsection
2,
paragraphs
e
and
i,
30
Code
2019,
are
amended
to
read
as
follows:
31
e.
The
reduction
in
hours
and
corresponding
reduction
in
32
wages
must
be
applied
equally
to
all
employees
in
the
affected
33
unit
for
each
week
reported
.
34
i.
The
duration
of
the
shared
work
plan
will
not
exceed
35
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fifty-two
weeks.
The
employer
shall
only
be
authorized
one
1
plan
during
a
twenty-four-month
period.
2
Sec.
5.
Section
96.40,
subsection
2,
Code
2019,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
l.
The
employer
shall
notify
all
affected
5
employees
and
receive
consent
from
each
participating
employee
6
before
the
plan
is
authorized.
7
Sec.
6.
Section
96.40,
Code
2019,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
4A.
An
employer
may
file
an
appeal
in
10
writing
of
a
denial
or
approval
of
a
plan
or
revocation
of
an
11
approved
plan
by
the
department
within
thirty
days
from
the
12
date
of
the
decision.
13
Sec.
7.
Section
96.40,
subsection
9,
paragraph
b,
Code
2019,
14
is
amended
to
read
as
follows:
15
b.
An
employer
may
provide
as
part
of
the
plan
a
training
16
program
the
employees
may
attend
during
the
hours
that
have
17
been
reduced.
Such
a
training
program
may
include
a
training
18
program
funded
under
the
Workforce
Investment
Innovation
and
19
Opportunity
Act
,
of
1998
,
Pub.
L.
No.
105-220
113-128
.
If
the
20
employer
is
able
to
show
that
the
training
program
will
provide
21
a
substantive
increase
in
the
workplace
and
employability
22
skills
of
the
employee
so
as
to
reduce
the
potential
for
23
future
periods
of
unemployment,
the
department
shall
relieve
24
the
employer
of
charges
for
benefits
paid
to
the
individual
25
attending
training
under
the
plan.
The
employee
may
attend
26
the
training
at
the
work
site
utilizing
internal
resources,
27
provided
the
training
is
outside
of
the
normal
course
of
28
employment,
or
in
conjunction
with
an
educational
institution.
29
Sec.
8.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
30
deemed
of
immediate
importance,
takes
effect
upon
enactment.
31
Sec.
9.
APPLICABILITY.
32
1.
The
following
apply
to
any
week
of
unemployment
benefits
33
beginning
on
or
after
the
first
Sunday
after
the
effective
date
34
of
this
division
of
this
Act:
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a.
The
section
of
this
Act
amending
section
96.3.
1
2.
The
following
apply
to
all
voluntary
shared
work
plans
2
approved
by
the
department
of
workforce
development
on
or
after
3
the
effective
date
of
this
division
of
this
Act:
4
a.
The
section
of
this
division
of
this
Act
amending
section
5
96.40,
subsection
2,
paragraphs
“e”
and
“i”.
6
b.
The
section
of
this
division
of
this
Act
enacting
section
7
96.40,
subsection
2,
paragraph
“l”.
8
c.
The
section
of
this
division
of
this
Act
enacting
section
9
96.40,
subsection
4A.
10
d.
The
section
of
this
division
of
this
Act
amending
section
11
96.40,
subsection
9,
paragraph
“b”.
12
DIVISION
II
13
UNEMPLOYMENT
INSURANCE
TAX
AND
BENEFITS
——
2020
14
Sec.
10.
Section
96.3,
subsection
4,
Code
2019,
is
amended
15
to
read
as
follows:
16
4.
Determination
of
benefits.
With
respect
to
benefit
years
17
beginning
on
or
after
July
1,
1983,
an
An
eligible
individual’s
18
weekly
benefit
amount
for
a
week
of
total
unemployment
shall
be
19
an
amount
equal
to
the
following
fractions
of
the
individual’s
20
total
wages
in
insured
work
paid
during
that
quarter
of
21
the
individual’s
base
period
in
which
such
total
wages
were
22
highest;
the
director
shall
determine
annually
a
maximum
weekly
23
benefit
amount
equal
to
the
following
percentages,
to
vary
with
24
the
number
of
based
on
whether
the
individual
has
dependents,
25
of
the
statewide
average
weekly
wage
paid
to
employees
in
26
insured
work
which
shall
be
effective
the
first
day
of
the
27
first
full
week
in
July:
July.
28
If
the
The
weekly
Subject
to
29
number
of
benefit
amount
the
following
30
dependents
shall
equal
maximum
31
is:
the
following
percentage
of
32
fraction
of
high
the
statewide
33
quarter
wages:
average
34
weekly
wage:
35
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0
1/23
53%
1
1
or
more
1/22
55%
57%
2
2
1/21
57%
3
3
1/20
60%
4
4
or
more
1/19
65%
5
The
maximum
weekly
benefit
amount,
if
not
a
multiple
of
one
6
dollar,
shall
be
rounded
to
the
lower
multiple
of
one
dollar.
7
However,
until
such
time
as
sixty-five
percent
of
the
statewide
8
average
weekly
wage
exceeds
one
hundred
ninety
dollars,
the
9
The
maximum
weekly
benefit
amounts
shall
be
determined
using
10
the
statewide
average
weekly
wage
computed
on
the
basis
of
11
wages
reported
for
the
current
calendar
year
1981
.
As
used
in
12
this
section
“dependent”
means
dependent
as
defined
in
section
13
422.12,
subsection
1
,
paragraph
“a”
,
as
if
the
individual
14
claimant
was
a
taxpayer,
except
that
an
individual
claimant’s
15
nonworking
spouse
shall
be
deemed
to
be
a
dependent
under
this
16
section
.
“Nonworking
spouse”
means
a
spouse
who
does
not
earn
17
more
than
one
hundred
twenty
dollars
in
gross
wages
in
one
18
week.
19
Sec.
11.
Section
96.4,
Code
2019,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
8.
The
individual
has
satisfied
a
single
22
one-week
waiting
period
during
the
individual’s
benefit
year.
23
To
satisfy
the
one-week
waiting
period,
the
individual,
with
24
respect
to
the
week
in
question,
must
be
eligible
for
benefits
25
from
this
state,
but
must
not
have
received
benefits
from
this
26
state,
and
must
not
be
eligible
for
benefits
from
another
27
state.
28
Sec.
12.
Section
96.7,
subsection
2,
paragraph
c,
29
subparagraph
(2),
Code
2019,
is
amended
to
read
as
follows:
30
(2)
A
construction
or
landscaping
contributory
employer,
31
as
defined
under
rules
adopted
by
the
department
pursuant
to
32
chapter
17A
,
which
is
newly
subject
to
this
chapter
shall
pay
33
contributions
at
the
rate
specified
in
the
twenty-first
benefit
34
ratio
rank
until
the
end
of
the
calendar
year
in
which
the
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employer’s
account
has
been
chargeable
with
benefits
for
twelve
1
consecutive
calendar
quarters.
2
Sec.
13.
Section
96.19,
subsection
20,
unnumbered
paragraph
3
1,
Code
2019,
is
amended
to
read
as
follows:
4
“Exhaustee”
means
an
individual
who,
with
respect
to
any
5
week
of
unemployment
in
the
individual’s
eligibility
period
6
has
received,
prior
to
such
week,
all
of
the
regular
benefits
7
that
were
available
to
the
individual
under
this
chapter
or
any
8
other
state
law,
including
dependents’
allowances
and
benefits
9
payable
to
federal
civilian
employees
and
former
armed
forces
10
personnel
under
5
U.S.C.
ch.
85,
in
the
individual’s
current
11
benefit
year
that
includes
such
weeks.
Provided
that
for
the
12
purposes
of
this
subsection
an
individual
shall
be
deemed
to
13
have
received
all
of
the
regular
benefits
that
were
available
14
to
the
individual,
although
as
a
result
of
a
pending
appeal
15
with
respect
to
wages
that
were
not
considered
in
the
original
16
monetary
determination
in
the
individual’s
benefit
year
the
17
individual
may
subsequently
be
determined
to
be
entitled
to
add
18
regular
benefits,
or:
19
Sec.
14.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
20
effect
July
1,
2020.
21
Sec.
15.
APPLICABILITY.
22
1.
The
following
apply
to
any
week
of
unemployment
benefits
23
beginning
on
or
after
July
5,
2020:
24
a.
The
section
of
this
division
of
this
Act
amending
section
25
96.3,
subsection
4.
26
b.
The
section
of
this
division
of
this
Act
amending
section
27
96.19,
subsection
20.
28
2.
The
following
apply
to
any
new
claim
of
unemployment
29
benefits
with
an
effective
date
on
or
after
July
5,
2020:
30
a.
The
section
of
this
division
of
this
Act
enacting
section
31
96.4,
subsection
8.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
unemployment
insurance
under
Code
1
chapter
96.
2
DIVISION
I.
This
division
strikes
language
requiring
3
the
director
of
the
department
of
workforce
development
4
to
recompute
wage
credits
for
purposes
of
calculating
an
5
individual’s
maximum
total
amount
of
unemployment
benefits
6
payable
during
a
benefit
year.
The
stricken
language
applied
7
to
an
individual
who
is
laid
off
due
to
the
individual’s
8
employer
going
out
of
business
at
the
factory,
establishment,
9
or
other
premises
at
which
the
individual
was
last
employed
by
10
crediting
the
individual’s
account
with
one-half,
instead
of
11
one-third,
of
the
wages
for
insured
work
paid
to
the
individual
12
during
the
individual’s
base
period.
The
division
also
strikes
13
language
providing
an
additional
13
weeks
of
benefits
to
such
14
individuals
if
the
state
“off”
indicator,
which
relates
to
15
the
rate
of
insured
unemployment
in
the
state,
is
in
effect.
16
This
provision
applies
to
any
week
of
unemployment
benefits
17
beginning
on
or
after
the
first
Sunday
after
the
effective
date
18
of
the
division.
19
The
division
strikes
language
providing
that
notifications
20
of
interested
parties
that
a
claim
for
unemployment
benefits
21
has
been
made
be
sent
by
ordinary
mail.
The
division
instead
22
provides
that
such
notifications
shall
be
in
a
format
as
23
specified
by
the
department
selected
by
the
parties.
24
The
division
provides
that
an
employer
or
employing
unit
25
refusing
or
failing
to
make
and
file
required
records
is
26
subject
to
a
possible
injunction
by
the
department
for
the
27
violation.
28
The
division
modifies
a
reference
to
plans
for
liquidation
29
of
deficiencies
under
Code
chapter
96
by
an
employer
or
30
employing
unit
to
specify
that
such
a
plan
is
for
the
31
liquidation
of
a
business
to
pay
for
such
deficiencies.
32
The
division
modifies
conditions
for
approval
of
a
voluntary
33
shared
work
program
by
the
department.
The
division
provides
34
that
a
reduction
in
hours
and
corresponding
reduction
in
wages
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that
must
be
applied
equally
to
all
employees
in
the
affected
1
unit
must
be
applied
equally
for
each
week
reported.
The
2
division
provides
that
an
employer
shall
only
be
authorized
3
one
plan
during
a
24-month
period.
The
division
requires
4
an
employer
to
notify
all
affected
employees
and
receive
5
consent
from
each
participating
employee
before
the
plan
is
6
authorized.
The
division
also
permits
an
employer
to
file
7
an
appeal
in
writing
of
a
denial
or
approval
of
a
plan
or
8
revocation
of
an
approved
plan
by
the
department
within
30
days
9
from
the
date
of
the
decision
and
replaces
a
reference
to
the
10
federal
Workforce
Investment
Act
of
1998
with
a
reference
to
11
the
federal
Workforce
Innovation
and
Opportunity
Act.
These
12
provisions
apply
to
all
voluntary
shared
work
plans
approved
13
by
the
department
of
workforce
development
on
or
after
the
14
effective
date
of
the
division.
15
The
division
takes
effect
upon
enactment.
16
DIVISION
II.
This
division
strikes
language
providing
that
17
an
eligible
individual’s
maximum
weekly
benefit
amount
varies
18
with
the
number
of
dependents
the
individual
has.
The
division
19
instead
provides
that
an
individual
with
dependents
is
subject
20
to
a
maximum
of
57
percent
of
the
statewide
average
weekly
21
wage.
The
division
strikes
language
defining
“dependent”.
22
The
division
strikes
additional
obsolete
language.
These
23
provisions
apply
to
any
week
of
unemployment
benefits
beginning
24
on
or
after
July
5,
2020.
25
The
division
provides
that
in
order
to
be
eligible
for
26
unemployment
benefits,
an
individual
must
satisfy
a
single
27
one-week
waiting
period
during
the
individual’s
benefit
year.
28
To
satisfy
the
one-week
waiting
period,
the
individual,
with
29
respect
to
the
week
in
question,
must
be
eligible
for
benefits
30
from
this
state,
but
must
not
have
received
benefits
from
this
31
state,
and
must
not
be
eligible
for
benefits
from
another
32
state.
This
provision
applies
to
any
new
claim
of
unemployment
33
benefits
with
an
effective
date
on
or
after
July
5,
2020.
34
The
division
provides
that
a
landscaping
contributory
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employer,
as
defined
by
the
department
by
rule,
which
is
newly
1
subject
to
Code
chapter
96
shall
pay
contributions
at
the
rate
2
specified
in
the
twenty-first
benefit
ratio
rank
until
the
end
3
of
the
calendar
year
in
which
the
employer’s
account
has
been
4
chargeable
with
benefits
for
12
consecutive
calendar
quarters.
5
The
division
takes
effect
July
1,
2020.
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