SF 99 (LSB 1773XS (2) 88)

SENATE FILE 99

BY  CARLIN

A BILL FOR

An Act relating to work search requirements for unemployment insurance benefits, making penalties applicable, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 96.4, subsection 3, Code 2019, is amended to read as follows:
   3.  a.  The individual is able to work, is available for work, and is earnestly and actively seeking work. This subsection is waived if the individual is deemed partially unemployed, while employed at the individual’s regular job, as defined in section 96.19, subsection 38, paragraph “b”, subparagraph (1), or temporarily unemployed as defined in section 96.19, subsection 38, paragraph “c”. The work search requirements of this subsection and the disqualification requirement for failure to apply for, or to accept suitable work of section 96.5, subsection 3, are waived if the individual is not disqualified for benefits under section 96.5, subsection 1, paragraph “h”.
   b.  An employer may report to the department in a manner prescribed by the department a job applicant who applies for a job for which the applicant does not meet the minimum lawful requirements or for which the applicant is manifestly unqualified. If such an individual claimed benefits for the week during which the application was made, the department shall provide the individual written notice that such a report has been made. If three such reports regarding an individual are made during the individual’s benefit year for applications during weeks in which the individual claimed benefits, the department shall initiate an investigation as to whether the individual was earnestly and actively seeking work during the weeks in question. There shall be a rebuttable presumption that such an individual was not earnestly and actively seeking work during the weeks in question. Such an individual shall be subject to any applicable penalties provided under this chapter.
    Sec. 2.  APPLICABILITY.  This Act applies to any new claim of unemployment benefits with an effective date on or after July 7, 2019.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill authorizes an employer to report to the department of workforce development a job applicant who applies for a job for which the applicant does not meet the minimum lawful requirements or for which the applicant is manifestly unqualified. If such an individual claimed unemployment benefits for the week during which the application was made, the bill requires the department to provide the individual written notice that such a report has been made. If three such reports regarding an individual are made during the individual’s unemployment benefit year for applications during weeks in which the individual claimed unemployment benefits, the bill requires the department to initiate an investigation as to whether the individual was earnestly and actively seeking work during the weeks in question. The bill provides that there shall be a rebuttable presumption that such an individual was not earnestly and actively seeking work during the weeks in question. The bill provides that such an individual shall be subject to any applicable penalties provided under Code chapter 96, which governs unemployment insurance. Such penalties may include but are not limited to disqualification from eligibility for unemployment benefits pursuant to Code section 96.5, subsection 3. 
   The bill applies to any new claim of unemployment benefits with an effective date on or after July 7, 2019.