Bill Text: IA SSB3190 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the duties of the department of workforce development regarding criminal history checks and certain state unemployment insurance law matters and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-13 - Subcommittee Meeting: 02/14/2018 11:30AM Law Library (Cancelled) [SSB3190 Detail]
Download: Iowa-2017-SSB3190-Introduced.html
Senate
Study
Bill
3190
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
BILL)
A
BILL
FOR
An
Act
relating
to
the
duties
of
the
department
of
workforce
1
development
regarding
criminal
history
checks
and
certain
2
state
unemployment
insurance
law
matters
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
CRIMINAL
HISTORY
CHECKS
2
Section
1.
NEW
SECTION
.
84A.12
Criminal
history
checks.
3
An
applicant
for
employment
with
the
department
of
4
workforce
development
shall
be
subject
to
a
national
criminal
5
history
check
through
the
federal
bureau
of
investigation.
6
A
contractor,
vendor,
employee,
or
any
other
individual
7
performing
work
for
the
department
of
workforce
development
8
shall
be
subject
to
a
national
criminal
history
check
through
9
the
federal
bureau
of
investigation
at
least
once
every
ten
10
years.
The
department
of
workforce
development
shall
request
11
the
national
criminal
history
check
and
shall
provide
the
12
individual’s
fingerprints
to
the
department
of
public
safety
13
for
submission
through
the
state
criminal
history
repository
14
to
the
federal
bureau
of
investigation.
The
individual
shall
15
authorize
release
of
the
results
of
the
national
criminal
16
history
check
to
the
department
of
workforce
development.
The
17
department
of
workforce
development
shall
pay
the
actual
cost
18
of
the
fingerprinting
and
national
criminal
history
check,
19
if
any.
The
results
of
a
criminal
history
check
conducted
20
pursuant
to
this
section
shall
not
be
considered
a
public
21
record
under
chapter
22.
22
DIVISION
II
23
UNEMPLOYMENT
INSURANCE
24
Sec.
2.
Section
96.5,
subsection
5,
paragraph
a,
25
subparagraph
(3),
Code
2018,
is
amended
to
read
as
follows:
26
(3)
A
governmental
or
other
pension,
retirement
or
retired
27
pay,
annuity,
or
any
other
similar
periodic
payment
made
28
under
a
plan
maintained
or
contributed
to
by
a
base
period
29
or
chargeable
employer
where,
except
for
benefits
under
the
30
federal
Social
Security
Act
or
the
federal
Railroad
Retirement
31
Act
of
1974
or
the
corresponding
provisions
of
prior
law,
32
the
plan’s
eligibility
requirements
or
benefit
payments
are
33
affected
by
the
base
period
employment
or
the
remuneration
34
for
the
base
period
employment.
However,
if
an
individual’s
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benefits
are
reduced
due
to
the
receipt
of
a
payment
under
this
1
subparagraph
,
the
reduction
shall
be
decreased
by
the
same
2
percentage
as
the
percentage
contribution
of
the
individual
3
to
the
plan
under
which
the
payment
is
made
shall
only
be
4
applicable
if
the
base
period
employer
has
made
one
hundred
5
percent
of
the
contributions
to
the
plan
.
6
Sec.
3.
Section
96.5,
subsection
7,
paragraphs
b,
c,
and
d,
7
Code
2018,
are
amended
to
read
as
follows:
8
b.
When,
in
connection
with
a
separation
or
layoff
of
9
an
individual,
the
individual’s
employer
makes
a
payment
or
10
payments
to
the
individual,
or
becomes
obligated
to
make
a
11
payment
to
the
individual
as,
or
in
the
nature
of,
vacation
12
pay,
or
vacation
pay
allowance,
or
as
pay
in
lieu
of
vacation
,
13
and
within
ten
calendar
days
after
notification
of
the
filing
14
of
the
individual’s
claim,
designates
by
notice
in
writing
15
to
the
department
the
period
to
which
the
payment
shall
be
16
allocated;
provided,
that
if
such
designated
period
is
extended
17
by
the
employer,
the
individual
may
again
similarly
designate
18
an
extended
period,
by
giving
notice
in
writing
to
the
19
department
not
later
than
the
beginning
of
the
extension
of
the
20
period,
with
the
same
effect
as
if
the
period
of
extension
were
21
included
in
the
original
designation
.
The
amount
of
a
payment
22
or
obligation
to
make
payment,
is
deemed
“wages”
as
defined
in
23
section
96.19,
subsection
41
,
and
shall
be
applied
as
provided
24
in
paragraph
“c”
of
this
subsection
7
.
25
c.
Of
the
wages
described
in
paragraph
“a”
(whether
or
not
26
the
employer
has
designated
the
period
therein
described),
27
or
of
the
wages
described
in
paragraph
“b”
,
if
the
period
28
therein
described
has
been
designated
by
the
employer
as
29
therein
provided,
a
sum
equal
to
the
wages
of
such
individual
30
for
a
normal
workday
shall
be
attributed
to,
or
deemed
to
31
be
payable
to
the
individual
with
respect
to,
the
first
and
32
each
subsequent
workday
in
such
period
until
such
amount
so
33
paid
or
owing
is
exhausted
,
not
to
exceed
five
workdays
.
Any
34
individual
receiving
or
entitled
to
receive
wages
as
provided
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herein
shall
be
ineligible
for
benefits
for
any
week
in
which
1
the
sums
,
so
designated
or
attributed
to
such
normal
workdays,
2
equal
or
exceed
the
individual’s
weekly
benefit
amount.
If
3
the
amount
so
designated
or
attributed
as
wages
is
less
than
4
the
weekly
benefit
amount
of
such
individual,
the
individual’s
5
benefits
shall
be
reduced
by
such
amount.
6
d.
Notwithstanding
contrary
provisions
in
paragraphs
“a”
,
7
“b”
,
and
“c”
,
if
an
individual
is
separated
from
employment
and
8
is
scheduled
to
receive
vacation
payments
during
the
period
of
9
unemployment
attributable
to
the
employer
and
if
the
employer
10
does
not
designate
the
vacation
period
pursuant
to
paragraph
11
“b”
,
then
payments
made
by
the
employer
to
the
individual
or
an
12
obligation
to
make
a
payment
by
the
employer
to
the
individual
13
for
vacation
pay,
vacation
pay
allowance
or
pay
in
lieu
of
14
vacation
shall
not
be
deemed
wages
as
defined
in
section
96.19,
15
subsection
41
,
for
any
period
in
excess
of
one
week
five
16
workdays
and
such
payments
or
the
value
of
such
obligations
17
shall
not
be
deducted
for
any
period
in
excess
of
one
week
from
18
the
unemployment
benefits
the
individual
is
otherwise
entitled
19
to
receive
under
this
chapter
.
However,
if
the
employer
20
designates
more
than
one
week
as
the
vacation
period
pursuant
21
to
paragraph
“b”
,
the
vacation
pay,
vacation
pay
allowance,
or
22
pay
in
lieu
of
vacation
shall
be
considered
wages
and
shall
be
23
deducted
from
benefits.
24
Sec.
4.
Section
96.6,
subsection
3,
paragraph
a,
Code
2018,
25
is
amended
to
read
as
follows:
26
a.
Unless
the
appeal
is
withdrawn,
an
administrative
law
27
judge,
after
affording
the
parties
reasonable
opportunity
for
28
fair
hearing,
shall
affirm
or
modify
the
findings
of
fact
29
and
decision
of
the
representative.
The
hearing
shall
be
30
conducted
pursuant
to
the
provisions
of
chapter
17A
relating
31
to
hearings
for
contested
cases.
Before
the
hearing
is
32
scheduled,
the
parties
shall
be
afforded
the
opportunity
to
33
choose
either
a
telephone
hearing
or
an
in-person
hearing.
34
A
request
for
an
in-person
hearing
shall
be
approved
unless
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the
in-person
hearing
would
be
impractical
because
of
the
1
distance
between
the
parties
to
the
hearing.
A
The
notice
for
2
a
telephone
or
in-person
hearing
shall
not
be
scheduled
before
3
the
seventh
sent
to
all
the
parties
at
least
ten
calendar
day
4
after
the
parties
receive
notice
of
days
before
the
hearing
5
date
.
Reasonable
requests
for
the
postponement
of
a
hearing
6
shall
be
granted.
The
parties
shall
be
duly
notified
of
7
the
administrative
law
judge’s
decision,
together
with
the
8
administrative
law
judge’s
reasons
for
the
decision,
which
is
9
the
final
decision
of
the
department,
unless
within
fifteen
10
days
after
the
date
of
notification
or
mailing
of
the
decision,
11
further
appeal
is
initiated
pursuant
to
this
section
.
12
Sec.
5.
Section
96.7,
subsection
8,
Code
2018,
is
amended
by
13
adding
the
following
new
paragraphs:
14
NEW
PARAGRAPH
.
c.
(1)
In
the
discretion
of
the
department,
15
a
nonprofit
organization
employing
fifteen
or
more
full-time
16
individuals
that
elects
to
become
liable
for
payments
in
lieu
17
of
contributions
shall
be
required,
within
fifteen
days
after
18
the
effective
date
of
its
election,
to
execute
and
file
with
19
the
department
a
bond
or
security
approved
by
the
department.
20
The
amount
of
the
bond
or
security
shall
be
determined
by
rule
21
pursuant
to
chapter
17A.
22
(2)
A
bond
or
security
deposited
under
this
subsection
shall
23
be
in
force
for
a
period
of
not
less
than
two
calendar
years
and
24
shall
be
renewed
with
the
approval
of
the
department,
at
such
25
times
as
the
department
may
require,
but
not
less
frequently
26
than
at
two-year
intervals
as
long
as
the
organization
27
continues
to
be
liable
for
payments
in
lieu
of
contributions.
28
The
department
shall
require
adjustments
to
be
made
in
a
29
previously
filed
bond
or
security
as
it
deems
appropriate.
If
30
the
bond
or
security
is
to
be
increased,
the
adjusted
bond
or
31
security
shall
be
filed
by
the
organization
within
fifteen
days
32
after
the
date
notice
of
the
required
adjustment
was
provided.
33
Failure
by
an
organization
covered
by
such
bond
or
security
34
to
pay
the
full
amount
of
payments
in
lieu
of
contributions
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when
due,
together
with
any
applicable
interest
and
penalties,
1
shall
render
the
surety
liable
on
said
bond
or
security
to
the
2
extent
of
the
bond
or
security,
as
though
the
surety
were
such
3
an
organization.
4
(3)
If
a
nonprofit
organization
fails
to
file
a
bond
or
5
security
or
to
file
a
bond
or
security
in
an
increased
amount
6
as
required
under
this
paragraph
“c”
,
the
department
may
7
terminate
the
organization’s
election
to
make
payments
in
lieu
8
of
contributions,
and
the
termination
shall
continue
for
a
9
period
of
not
less
than
four
consecutive
calendar
quarters
10
beginning
with
the
quarter
in
which
the
termination
becomes
11
effective,
but
the
department
may,
for
good
cause,
extend
the
12
applicable
filing
or
adjustment
period
by
not
more
than
fifteen
13
days.
14
NEW
PARAGRAPH
.
d.
If
a
nonprofit
organization
is
15
delinquent
in
making
payments
in
lieu
of
contributions
as
16
required
under
this
subsection,
the
department
may
terminate
17
the
organization’s
election
to
make
payments
in
lieu
of
18
contributions
as
of
the
beginning
of
the
next
calendar
year.
19
Sec.
6.
Section
96.16,
subsection
4,
paragraph
a,
Code
2018,
20
is
amended
to
read
as
follows:
21
a.
An
individual
who,
by
reason
of
the
nondisclosure
or
22
misrepresentation
by
the
individual
or
by
another
of
a
material
23
fact,
has
received
any
sum
as
benefits
under
this
chapter
24
while
any
conditions
for
the
receipt
of
benefits
imposed
by
25
this
chapter
were
not
fulfilled
in
the
individual’s
case,
or
26
while
the
individual
was
disqualified
from
receiving
benefits,
27
shall
,
in
the
discretion
of
the
department,
either
be
liable
28
to
have
the
sum
deducted
from
any
future
benefits
payable
to
29
the
individual
under
this
chapter
or
shall
be
liable
to
repay
30
to
the
department
for
the
unemployment
compensation
fund,
a
31
sum
equal
to
the
amount
so
received
by
the
individual.
If
32
the
department
seeks
to
recover
the
amount
of
the
benefits
by
33
having
the
individual
pay
to
the
department
a
sum
equal
to
that
34
amount,
the
department
may
file
a
lien
with
the
county
recorder
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in
favor
of
the
state
on
the
individual’s
property
and
rights
1
to
property,
whether
real
or
personal.
The
amount
of
the
lien
2
shall
be
collected
in
a
manner
similar
to
the
provisions
for
3
the
collection
of
past-due
contributions
in
section
96.14,
4
subsection
3
.
5
Sec.
7.
Section
96.19,
subsection
16,
paragraph
a,
Code
6
2018,
is
amended
to
read
as
follows:
7
a.
For
purposes
of
this
chapter
with
respect
to
any
calendar
8
year
after
December
31,
1971
2018
,
any
employing
unit
which
9
in
any
calendar
quarter
in
either
the
current
or
preceding
10
calendar
year
paid
wages
for
service
in
employment
wages
of
11
one
thousand
five
hundred
dollars
or
more
excluding
wages
paid
12
for
domestic
service
or
for
some
portion
of
a
day
in
each
of
13
twenty
different
calendar
weeks,
whether
or
not
such
weeks
were
14
consecutive,
in
either
the
current
or
the
preceding
calendar
15
year,
had
in
employment
at
least
one
individual
irrespective
16
of
whether
the
same
individual
was
in
employment
in
each
such
17
day
.
An
employing
unit
treated
as
a
domestic
service
employer
18
shall
not
be
treated
as
an
employer
with
respect
to
wages
paid
19
for
service
other
than
domestic
service
unless
such
employing
20
unit
is
treated
as
an
employer
under
this
paragraph
or
as
an
21
agricultural
labor
employer.
22
Sec.
8.
EFFECTIVE
DATE.
The
following
takes
effect
January
23
1,
2019:
24
The
section
of
this
division
of
this
Act
amending
section
25
96.19.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
Division
I
of
this
bill
relates
to
criminal
history
checks
to
30
be
carried
out
by
the
department
of
workforce
development.
31
The
division
provides
that
an
applicant
for
employment
32
with
the
department
shall
be
subject
to
a
national
criminal
33
history
check
through
the
federal
bureau
of
investigation.
The
34
division
provides
that
a
contractor,
vendor,
employee,
or
any
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other
individual
performing
work
for
the
department
shall
be
1
subject
to
such
a
check
at
least
once
every
10
years.
2
The
division
directs
the
department
to
request
the
3
national
criminal
history
check
and
provide
the
individual’s
4
fingerprints
to
the
department
of
public
safety
for
submission
5
through
the
state
criminal
history
repository
to
the
federal
6
bureau
of
investigation.
The
department
shall
pay
the
actual
7
cost
of
the
check.
The
results
of
the
check
shall
not
be
8
considered
a
public
record.
9
Division
II
of
the
bill
relates
to
unemployment
insurance.
10
Under
current
law,
the
amount
of
certain
pension
payments
11
received
by
a
claimant
is
deducted
from
the
claimant’s
12
unemployment
benefits.
However,
the
reduction
in
benefits
13
is
decreased
by
the
percentage
of
contributions
the
claimant
14
made
to
the
pension
plan.
The
division
instead
provides
that
15
a
reduction
in
unemployment
benefits
due
to
pension
payments
16
received
will
only
occur
if
the
claimant’s
base
period
employer
17
has
made
100
percent
of
the
contributions
to
the
pension
plan.
18
The
division
strikes
language
requiring
employers
to
19
designate
a
period
for
the
allocation
of
vacation
pay
that
is
20
paid
out
to
an
employee
in
connection
with
a
separation
or
21
layoff.
The
division
provides
that
vacation
pay
paid
out
to
22
an
employee
shall
only
be
considered
wages
for
purposes
of
23
unemployment
benefits
for
a
maximum
of
five
workdays.
24
The
division
strikes
language
providing
that
a
telephone
or
25
in-person
hearing
for
an
appeal
of
a
determination
regarding
26
eligibility
for
unemployment
benefits
shall
not
be
scheduled
27
before
seven
days
after
the
parties
receive
notice
of
the
28
hearing.
The
division
instead
provides
that
a
notice
for
such
29
a
hearing
shall
be
sent
to
all
parties
at
least
10
days
before
30
the
hearing
date.
31
The
division
permits
the
department
in
its
discretion
32
to
require
a
nonprofit
organization
employing
15
or
more
33
full-time
individuals
that
elects
to
become
liable
for
payments
34
reimbursing
the
department
for
unemployment
benefits
in
35
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S.F.
_____
H.F.
_____
lieu
of
contributions
to
file
with
the
department
a
bond
or
1
security
approved
by
the
department,
in
an
amount
determined
2
by
rule,
within
15
days
after
the
effective
date
of
its
3
election.
Failure
by
the
organization
to
pay
the
full
amount
4
of
payments
in
lieu
of
contributions
when
due
shall
render
the
5
surety
liable
for
the
bond
or
security.
The
division
permits
6
the
department
to
terminate
the
organization’s
election
to
7
become
liable
for
payments
in
lieu
of
contributions
if
the
8
organization
fails
to
file
the
bond
or
security.
Such
bonds
or
9
securities
shall
be
in
force
for
a
period
of
not
less
than
two
10
calendar
years
and
shall
be
renewed
with
the
approval
of
the
11
department.
The
division
permits
the
department
to
adjust
the
12
required
amount
of
a
previously
filed
bond
or
security.
13
The
division
permits
the
department
to
terminate
a
nonprofit
14
organization’s
election
to
become
liable
for
payments
in
lieu
15
of
contributions
if
the
organization
is
delinquent
in
making
16
such
payments.
17
The
division
strikes
language
permitting
the
department
18
in
its
discretion
to
allow
an
individual
who,
by
reason
of
19
the
nondisclosure
or
misrepresentation
of
a
material
fact,
20
receives
unemployment
benefits
without
meeting
the
conditions
21
of
eligibility
or
while
disqualified
from
benefits
to
have
the
22
sum
of
the
benefits
received
deducted
from
future
benefits
23
payments.
Language
requiring
such
an
individual
to
repay
24
the
department
an
amount
equal
to
the
benefits
received
is
25
unchanged.
26
The
division
amends
the
definition
of
employer
for
purposes
27
of
unemployment
benefits
effective
for
calendar
years
beginning
28
after
December
31,
2018,
by
striking
language
excluding
from
29
the
definition
of
employer
those
who
did
not
pay
at
least
30
$1,500
in
wages
for
service
in
employment
or
who
did
not
have
31
at
least
one
individual
in
employment
for
some
portion
of
a
32
day
in
each
of
20
different
calendar
weeks
in
the
current
or
33
preceding
calendar
year.
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8
