Senate Study Bill 1140 - IntroducedA Bill ForAn Act 1relating to unemployment benefits and including
2effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 96.1A, subsection 18, unnumbered
2paragraph 1, Code 2023, is amended to read as follows:
   3“Exhaustee” means an individual who, with respect to any
4week of unemployment in the individual’s eligibility period
5has received, prior to such week, all of the regular benefits
6that were available to the individual under this chapter or any
7other state law, including dependents’ allowances and benefits
8payable to federal civilian employees and former armed forces
9personnel under 5 U.S.C. ch.85, in the individual’s current
10benefit year that includes such weeks. Provided that for the
11purposes of this subsection an individual shall be deemed to
12have received all of the regular benefits that were available
13to the individual, although as a result of a pending appeal
14with respect to wages that were not considered in the original
15monetary determination in the individual’s benefit year the
16individual may subsequently be determined to be entitled to add
17regular benefits, or:
18   Sec. 2.  Section 96.1A, Code 2023, is amended by adding the
19following new subsection:
20   NEW SUBSECTION.  43.  “Work search” means any of the
21following:
   22a.  Applying for a job by submitting a resume or application
23to a potential employer in person, through the mail, by
24electronic means, or by fax transmission.
   25b.  Interviewing for a job virtually or in person.
   26c.  Taking a civil service exam.
   27d.  Taking a military aptitude exam.
28   Sec. 3.  Section 96.3, subsection 4, Code 2023, is amended
29to read as follows:
   304.  Determination of benefits.
   31a.  With respect to benefit years beginning on or after July
321, 1983, an
 An eligible individual’s weekly benefit amount for
33a week of total unemployment shall be an amount equal to the
34following fractions of the individual’s total wages in insured
35work paid during that quarter of the individual’s base period
-1-1in which such total wages were highest. The director shall
2determine annually a maximum weekly benefit amount equal to
3the following percentages, to vary with the number of based on
4whether the individual has
dependents, of the statewide average
5weekly wage paid to employees in insured work which shall be
6effective the first day of the first full week in July:
7If theThe weeklySubject to
8 number ofbenefit amountthe following
9 dependents shall equalmaximum
10 is:the followingpercentage of
11fraction of highthe statewide
12quarter wages:average
13weekly wage:
14 01/2353%
15or more1/2255% 57%
16 21/2157%
17 31/2060%
18 4 or more1/1965%
   19b.  The maximum weekly benefit amount, if not a multiple of
20one dollar, shall be rounded to the lower upper multiple of
21one dollar. However, until such time as sixty-five percent of
22the statewide average weekly wage exceeds one hundred ninety
23dollars, the
 The maximum weekly benefit amounts shall be
24determined using the statewide average weekly wage computed on
25the basis of wages reported for the current calendar year 1981.
26As used in this section, “dependent” means dependent as defined
27in section 422.12, subsection 1, paragraph “a”, as if the
28individual claimant was a taxpayer, except that an individual
29claimant’s nonworking spouse shall be deemed to be a dependent
30under this section. “Nonworking spouse” means a spouse who does
31not earn more than one hundred twenty dollars in gross wages
32in one week.

33   Sec. 4.  Section 96.4, subsection 3, Code 2023, is amended
34to read as follows:
   353.  a.  The individual is able to work, is available for
-2-1work, and is earnestly and actively seeking work.
   2b.  (1)  A person shall be required, at a minimum, to meet
3the following requirements to be deemed earnestly and actively
4seeking work:
   5(a)  If the number of available jobs is at or above sixty
6thousand, the person must complete a minimum of six work
7searches for each week the person applies for benefits.
   8(b)  If the number of available jobs is at or above fifty
9thousand but below sixty thousand, the person must complete a
10minimum of five work searches for each week the person applies
11for benefits.
   12(c)  If the number of available jobs is below fifty thousand,
13the person must complete a minimum of four work searches for
14each week the person applies for benefits.
   15(2)  A work search shall not satisfy the requirements of this
16paragraph if the individual previously applied for the same
17position within the most recent four weeks.
   18(3)  The department shall provide on a weekly basis to an
19individual applying for benefits a list of known available
20jobs within a fifty-mile radius of the applicant’s residence
21in fields related to the employment the applicant had within
22the most recent ten years, in fields which the applicant
23has identified an interest, or that require skills that the
24applicant claimed to have when applying for benefits.
   25(4)  At least half of the individual’s work searches shall
26be from the list of known available jobs provided by the
27department pursuant to subparagraph (3).
   28(5)  For the purposes of this paragraph, “the number of
29available jobs”
means the number of jobs listed as available as
30published by the department on the first day of the previous
31month.
   32c.  This subsection is waived if the individual is deemed
33partially unemployed, while employed at the individual’s
34regular job, as defined in section 96.1A, subsection 37,
35paragraph “b”, subparagraph (1), or temporarily unemployed
-3-1as defined in section 96.1A, subsection 37, paragraph “c”.
2The work search requirements of this subsection and the
3disqualification requirement for failure to apply for, or
4to accept suitable work of section 96.5, subsection 3, are
5waived if the individual is not disqualified for benefits under
6section 96.5, subsection 1, paragraph “h”.
   7b.  Notwithstanding any provision of this chapter to the
8contrary, the department may establish by rule a process to
9waive or alter the work search requirements of this subsection
10 for a claim for benefits if an individual has a reasonable
11expectation that the individual will be returning to employment
12and is attached to a regular job or industry or a member in
13good standing of a union therein eligible for referral for
14employment. To be considered attached to a regular job or
15industry, an individual must be on a short-term temporary
16layoff. If work is not available at the conclusion of the
17layoff period due to short-term circumstances beyond the
18employer’s control, the employer may request an extension
19of the waiver or alteration for up to two weeks from the
20department. For purposes of this paragraph, “short-term
21temporary layoff”
means a layoff period of sixteen weeks or
22less due to seasonal weather conditions that impact the ability
23to perform work related to highway construction, repair, or
24maintenance with a specific return-to-work date verified by the
25employer.
26   Sec. 5.  Section 96.4, Code 2023, is amended by adding the
27following new subsection:
28   NEW SUBSECTION.  8.  The individual has completed one search
29activity each week from a list of permissible search activities
30as designated by the department. This shall be in addition
31to the requirements under subsection 3. A search activity
32shall only meet the requirements of this subsection if the
33individual has not previously performed that type of search
34activity during the individual’s benefit year in order to
35remain eligible under this subsection. The department shall
-4-1adopt rules to implement this subsection. The department shall
2establish by rule sixteen different types of search activities
3acceptable to meet the requirements of this subsection.
4   Sec. 6.  Section 96.6, subsection 2, Code 2023, is amended
5to read as follows:
   62.  Initial determination.  A representative designated by
7the director shall promptly notify all interested parties to
8the claim of its filing, and the parties have ten fourteen
9calendar
days from the date of issuance of the notice of the
10filing of the claim to protest payment of benefits to the
11claimant. All interested parties shall select a format as
12specified by the department to receive such notifications.
13The representative shall promptly examine the claim and any
14protest, take the initiative to ascertain relevant information
15concerning the claim, and, on the basis of the facts found
16by the representative, shall determine whether or not the
17claim is valid, the week with respect to which benefits shall
18commence, the weekly benefit amount payable and its maximum
19duration, and whether any disqualification shall be imposed.
20The claimant has the burden of proving that the claimant meets
21the basic eligibility conditions of section 96.4. The employer
22has the burden of proving that the claimant is disqualified
23for benefits pursuant to section 96.5, except as provided
24by this subsection. The claimant has the initial burden to
25produce evidence showing that the claimant is not disqualified
26for benefits in cases involving section 96.5, subsections 10
27and 11, and has the burden of proving that a voluntary quit
28pursuant to section 96.5, subsection 1, was for good cause
29attributable to the employer and that the claimant is not
30disqualified for benefits in cases involving section 96.5,
31subsection 1, paragraphs “a” through “h”. Unless the claimant
32or other interested party, after notification or within ten
33
 fourteen calendar days after notification was issued, files an
34appeal from the decision, the decision is final and benefits
35shall be paid or denied in accordance with the decision.
-5-1If an administrative law judge affirms a decision of the
2representative, or the appeal board affirms a decision of the
3administrative law judge allowing benefits, the benefits shall
4be paid regardless of any appeal which is thereafter taken,
5but if the decision is finally reversed, no employer’s account
6shall be charged with benefits so paid and this relief from
7charges shall apply to both contributory and reimbursable
8employers, notwithstanding section 96.8, subsection 5. The
9department shall by rule allow an employer to protest a payment
10of unemployment benefits and to protest and sign a notice of
11claim electronically using a form created by the department.

12   Sec. 7.  NEW SECTION.  96A.1  Definitions.
   13For the purposes of this chapter:
   141.  “Nonparticipating workforce rate” means the portion of
15the population that is not employed or earnestly and actively
16seeking work as described in section 96.4, subsection 3.
   172.  “Workforce term” means the nonparticipating workforce
18rate, the state unemployment rate, or the number of known,
19available jobs in Iowa as published by the department of
20workforce development.
21   Sec. 8.  NEW SECTION.  96A.2  State publications —
22unemployment rates.
   231.  When a state agency makes a reference to the state
24unemployment rate in an official written statement from the
25agency or in a report or other document that is published and
26available to the public, the agency shall include a reference
27to the nonparticipating workforce rate.
   282.  When the department of workforce development makes
29a reference to a workforce term in an official written
30statement or in a report or other document that is published
31and available to the public, the department of workforce
32development shall also reference each other workforce term.
33   Sec. 9.  EFFECTIVE DATE.  This Act takes effect January 1,
342024.
35EXPLANATION
-6-
1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
   3This bill relates to unemployment benefits.
   4The bill strikes language providing that an eligible
5individual’s maximum weekly benefit amount varies with the
6number of the individual’s dependents. The bill instead
7provides that an individual with dependents will have a weekly
8benefit amount of 1/22 the individual’s highest gross quarterly
9salary during the individual’s base period, subject to a
10maximum of 57 percent of the statewide average weekly wage.
   11The bill provides that the maximum weekly benefit amount for
12unemployment benefits shall be rounded to the upper multiple of
13$1, rather than the lower multiple as provided under current
14law.
   15The bill requires a person applying for unemployment
16benefits to complete a specified number of work searches, based
17on the number of jobs listed as available as published by the
18department of workforce development (IWD) on the first day of
19the previous month, for each week the person is applying for
20benefits in order to be eligible for benefits. A work search
21shall not satisfy an individual’s eligibility requirements if
22the individual previously applied to the same position within
23the most recent four weeks.
   24The bill defines “work search” as applying for a job by
25submitting a resume or application to a potential employer
26in person, through the mail, by electronic means, or by fax
27transmission; interviewing for a job virtually or in person;
28taking a civil service exam; or taking a military aptitude
29exam.
   30The bill requires that at least half of the work searches
31an individual uses to meet eligibility requirements must be
32from a list of known available jobs within a 50-mile radius
33of the individual’s residence in fields related to employment
34the applicant held within the most recent 10 years, in fields
35which the applicant has identified an interest, or that require
-7-1skills that the individual claimed to have when applying for
2benefits. The bill requires IWD to provide the individual a
3list of these jobs on a weekly basis.
   4The bill requires a person applying for unemployment
5benefits to complete one search activity each week as
6designated by IWD in order to be eligible for unemployment
7benefits. The search activities are in addition to other
8work search requirements to receive unemployment benefits. A
9search activity shall only meet eligibility requirements if the
10individual has not previously performed that type of search
11activity during the individual’s benefit year in order to
12remain eligible. The bill requires IWD to establish by rule 16
13different types of search activities acceptable to meet these
14requirements.
   15The bill strikes language allowing IWD to establish by
16rule a process to waive or alter the work search requirements
17for a claim for unemployment benefits if an individual has a
18reasonable expectation that the individual will be returning
19to employment and is attached to a regular job or industry on a
20short-term temporary layoff or a member in good standing of a
21union therein eligible for referral for employment.
   22The bill requires IWD to allow an employer to protest a
23payment of unemployment benefits and to protest and sign a
24notice of claim electronically using a form created by IWD.
   25The bill increases the periods for parties to protest
26payment of unemployment benefits to a claimant, and to file
27an appeal from a decision regarding the eligibility for, or
28amount or duration of, a claim for unemployment benefits to 14
29calendar days.
   30The bill requires that, when a state agency makes a reference
31to the state unemployment rate in an official written statement
32from the agency or in a report or other document that is
33published and available to the public, the agency shall include
34a reference to the nonparticipating workforce rate. The bill
35also requires that when IWD makes a reference to a workforce
-8-1term in an official written statement or in a report or other
2document that is published and available to the public, the
3IWD must also reference each other workforce term. The bill
4defines “nonparticipating workforce rate” as the portion of
5the population that is not employed or earnestly and actively
6seeking work. The bill defines “workforce term” as the
7nonparticipating workforce rate, the state unemployment rate,
8or the number of known, available jobs in Iowa as published by
9IWD.
   10The bill takes effect January 1, 2024.
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