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Senate File 481 - IntroducedA Bill ForAn Act 1concerning unemployment benefits and including effective
2date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.1A, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 43. “Work search” means any of the
4following:
5a. Applying for a job by submitting a resume or application
6to a potential employer in person, through an internet site, or
7by mail, electronic mail, or facsimile.
8b. Taking a civil service exam.
9c. Submitting a resume to home base Iowa if the individual
10is a veteran as defined in section 35.1.
11d. Registering with a placement facility of a school or
12college.
13e. Interviewing for a job virtually, in person, or at a job
14fair.
15f. Attending a workshop at an employment office.
16g. Attending a job fair sponsored by an employment office or
17partner entity designated by the department.
18h. Attending a scheduled career networking meeting at an
19employment office.
20i. Creating a reemployment plan subject to requirements and
21procedures established by the department.
22j. Attending an appointment with a career planner at an
23employment office.
24k. Attending an appointment with an entity pursuant to a
25core program as defined in section 84A.2.
26l. Participating in a mock interview at an employment
27office.
28 Sec. 2. 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%
15 1 or 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. 3. 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.
32(6) No more than one of the individual’s work searches shall
33be from the activities provided in section 96.1A, subsection
3443, paragraphs “c” through “l”.
35c. This subsection is waived if the individual is deemed
-3-1partially unemployed, while employed at the individual’s
2regular job, as defined in section 96.1A, subsection 37,
3paragraph “b”, subparagraph (1), or temporarily unemployed
4as defined in section 96.1A, subsection 37, paragraph “c”.
5The work search requirements of this subsection and the
6disqualification requirement for failure to apply for, or
7to accept suitable work of section 96.5, subsection 3, are
8waived if the individual is not disqualified for benefits under
9section 96.5, subsection 1, paragraph “h”.
10b. d. Notwithstanding any provision of this chapter to the
11contrary, the department may establish by rule a process to
12waive or alter the work search requirements of this subsection
13for a claim for benefits if an individual has a reasonable
14expectation that the individual will be returning to employment
15and is attached to a regular job or industry or a member in
16good standing of a union therein eligible for referral for
17employment. To be considered attached to a regular job or
18industry, an individual must be on a short-term temporary
19layoff. If work is not available at the conclusion of the
20layoff period due to short-term circumstances beyond the
21employer’s control, the employer may request an extension
22of the waiver or alteration for up to two weeks from the
23department. For purposes of this paragraph, “short-term
24temporary layoff” means a layoff period of sixteen weeks or
25less due to seasonal weather conditions that impact the ability
26to perform work related to highway construction, repair, or
27maintenance with a specific return-to-work date verified by the
28employer.
29 Sec. 4. Section 96.6, subsection 2, Code 2023, is amended
30to read as follows:
312. Initial determination. A representative designated by
32the director shall promptly notify all interested parties to
33the claim of its filing, and the parties have ten calendar
34 days from the date of issuance of the notice of the filing of
35the claim to protest payment of benefits to the claimant. All
-4-1interested parties shall select a format as specified by the
2department to receive such notifications. The representative
3shall promptly examine the claim and any protest, take the
4initiative to ascertain relevant information concerning
5the claim, and, on the basis of the facts found by the
6representative, shall determine whether or not the claim is
7valid, the week with respect to which benefits shall commence,
8the weekly benefit amount payable and its maximum duration, and
9whether any disqualification shall be imposed. The claimant
10has the burden of proving that the claimant meets the basic
11eligibility conditions of section 96.4. The employer has
12the burden of proving that the claimant is disqualified for
13benefits pursuant to section 96.5, except as provided by this
14subsection. The claimant has the initial burden to produce
15evidence showing that the claimant is not disqualified for
16benefits in cases involving section 96.5, subsections 10
17and 11, and has the burden of proving that a voluntary quit
18pursuant to section 96.5, subsection 1, was for good cause
19attributable to the employer and that the claimant is not
20disqualified for benefits in cases involving section 96.5,
21subsection 1, paragraphs “a” through “h”. Unless the claimant
22or other interested party, after notification or within
23ten calendar days after notification was issued, files an
24appeal from the decision, the decision is final and benefits
25shall be paid or denied in accordance with the decision.
26If an administrative law judge affirms a decision of the
27representative, or the appeal board affirms a decision of the
28administrative law judge allowing benefits, the benefits shall
29be paid regardless of any appeal which is thereafter taken,
30but if the decision is finally reversed, no employer’s account
31shall be charged with benefits so paid and this relief from
32charges shall apply to both contributory and reimbursable
33employers, notwithstanding section 96.8, subsection 5.
34 Sec. 5. REPORT. The department of workforce development
35shall submit a report to the general assembly no later
-5-1than July 1, 2023, detailing the status of the department’s
2modernization project.
3 Sec. 6. IMPLEMENTATION. The department of workforce
4development shall implement the following no later than the
5completion of the department’s modernization project:
61. The section of this Act amending section 96.3, subsection
74.
82. The section of this Act amending section 96.4, subsection
93.
10 Sec. 7. EFFECTIVE DATE.
111. Except as provided in subsection 2, this Act takes effect
12January 1, 2024.
132. The following, being deemed of immediate importance,
14takes effect upon enactment:
15The section of this Act providing for a report by the
16department of workforce development to the general assembly.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to unemployment benefits.
21The bill strikes language providing that an eligible
22individual’s maximum weekly benefit amount varies with the
23number of the individual’s dependents. The bill instead
24provides that an individual with dependents will have a weekly
25benefit amount of 1/22 the individual’s highest gross quarterly
26salary during the individual’s base period, subject to a
27maximum of 57 percent of the statewide average weekly wage.
28The bill provides that the maximum weekly benefit amount for
29unemployment benefits shall be rounded to the upper multiple of
30$1, rather than the lower multiple as provided under current
31law.
32The bill requires a person applying for unemployment
33benefits to complete a specified number of work searches,
34as defined in the bill, based on the number of jobs listed
35as available as published by the department of workforce
-6-1development (IWD) on the first day of the previous month, for
2each week the person is applying for benefits in order to
3be eligible for benefits. A work search shall not satisfy
4an individual’s eligibility requirements if the individual
5previously applied to the same position within the most recent
6four weeks. Specified types of work searches can only be
7counted once per week toward the total weekly requirements.
8The bill requires that at least half of the work searches
9an individual uses to meet eligibility requirements must be
10from a list of known available jobs within a 50-mile radius
11of the individual’s residence in fields related to employment
12the applicant held within the most recent 10 years, in fields
13which the applicant has identified an interest, or that require
14skills that the individual claimed to have when applying for
15benefits. The bill requires IWD to provide the individual a
16list of these jobs on a weekly basis.
17The bill strikes language providing that when IWD waives or
18alters the work search requirements for a claim for benefits if
19an individual has a reasonable expectation that the individual
20will be returning to employment and is attached to a regular
21job or industry on a short-term temporary layoff, the employer
22may request an extension of the waiver or alteration for up
23to two weeks if work is not available at the conclusion of
24the layoff period due to short-term circumstances beyond the
25employer’s control.
26The bill requires IWD to submit a report to the general
27assembly no later than July 1, 2023, detailing the status
28of IWD’s modernization project. The bill provides that IWD
29shall implement provisions of the bill relating to dependents
30and work searches no later than the completion of IWD’s
31modernization project.
32The bill takes effect January 1, 2024, except the provision
33providing for a report by IWD, which takes effect upon
34enactment.
-7-je/rn
2date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.1A, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 43. “Work search” means any of the
4following:
5a. Applying for a job by submitting a resume or application
6to a potential employer in person, through an internet site, or
7by mail, electronic mail, or facsimile.
8b. Taking a civil service exam.
9c. Submitting a resume to home base Iowa if the individual
10is a veteran as defined in section 35.1.
11d. Registering with a placement facility of a school or
12college.
13e. Interviewing for a job virtually, in person, or at a job
14fair.
15f. Attending a workshop at an employment office.
16g. Attending a job fair sponsored by an employment office or
17partner entity designated by the department.
18h. Attending a scheduled career networking meeting at an
19employment office.
20i. Creating a reemployment plan subject to requirements and
21procedures established by the department.
22j. Attending an appointment with a career planner at an
23employment office.
24k. Attending an appointment with an entity pursuant to a
25core program as defined in section 84A.2.
26l. Participating in a mock interview at an employment
27office.
28 Sec. 2. 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%
15 1 or 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. 3. 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.
32(6) No more than one of the individual’s work searches shall
33be from the activities provided in section 96.1A, subsection
3443, paragraphs “c” through “l”.
35c. This subsection is waived if the individual is deemed
-3-1partially unemployed, while employed at the individual’s
2regular job, as defined in section 96.1A, subsection 37,
3paragraph “b”, subparagraph (1), or temporarily unemployed
4as defined in section 96.1A, subsection 37, paragraph “c”.
5The work search requirements of this subsection and the
6disqualification requirement for failure to apply for, or
7to accept suitable work of section 96.5, subsection 3, are
8waived if the individual is not disqualified for benefits under
9section 96.5, subsection 1, paragraph “h”.
10b. d. Notwithstanding any provision of this chapter to the
11contrary, the department may establish by rule a process to
12waive or alter the work search requirements of this subsection
13for a claim for benefits if an individual has a reasonable
14expectation that the individual will be returning to employment
15and is attached to a regular job or industry or a member in
16good standing of a union therein eligible for referral for
17employment. To be considered attached to a regular job or
18industry, an individual must be on a short-term temporary
19layoff. If work is not available at the conclusion of the
20layoff period due to short-term circumstances beyond the
21employer’s control, the employer may request an extension
22of the waiver or alteration for up to two weeks from the
23department. For purposes of this paragraph, “short-term
24temporary layoff” means a layoff period of sixteen weeks or
25less due to seasonal weather conditions that impact the ability
26to perform work related to highway construction, repair, or
27maintenance with a specific return-to-work date verified by the
28employer.
29 Sec. 4. Section 96.6, subsection 2, Code 2023, is amended
30to read as follows:
312. Initial determination. A representative designated by
32the director shall promptly notify all interested parties to
33the claim of its filing, and the parties have ten calendar
34 days from the date of issuance of the notice of the filing of
35the claim to protest payment of benefits to the claimant. All
-4-1interested parties shall select a format as specified by the
2department to receive such notifications. The representative
3shall promptly examine the claim and any protest, take the
4initiative to ascertain relevant information concerning
5the claim, and, on the basis of the facts found by the
6representative, shall determine whether or not the claim is
7valid, the week with respect to which benefits shall commence,
8the weekly benefit amount payable and its maximum duration, and
9whether any disqualification shall be imposed. The claimant
10has the burden of proving that the claimant meets the basic
11eligibility conditions of section 96.4. The employer has
12the burden of proving that the claimant is disqualified for
13benefits pursuant to section 96.5, except as provided by this
14subsection. The claimant has the initial burden to produce
15evidence showing that the claimant is not disqualified for
16benefits in cases involving section 96.5, subsections 10
17and 11, and has the burden of proving that a voluntary quit
18pursuant to section 96.5, subsection 1, was for good cause
19attributable to the employer and that the claimant is not
20disqualified for benefits in cases involving section 96.5,
21subsection 1, paragraphs “a” through “h”. Unless the claimant
22or other interested party, after notification or within
23ten calendar days after notification was issued, files an
24appeal from the decision, the decision is final and benefits
25shall be paid or denied in accordance with the decision.
26If an administrative law judge affirms a decision of the
27representative, or the appeal board affirms a decision of the
28administrative law judge allowing benefits, the benefits shall
29be paid regardless of any appeal which is thereafter taken,
30but if the decision is finally reversed, no employer’s account
31shall be charged with benefits so paid and this relief from
32charges shall apply to both contributory and reimbursable
33employers, notwithstanding section 96.8, subsection 5.
34 Sec. 5. REPORT. The department of workforce development
35shall submit a report to the general assembly no later
-5-1than July 1, 2023, detailing the status of the department’s
2modernization project.
3 Sec. 6. IMPLEMENTATION. The department of workforce
4development shall implement the following no later than the
5completion of the department’s modernization project:
61. The section of this Act amending section 96.3, subsection
74.
82. The section of this Act amending section 96.4, subsection
93.
10 Sec. 7. EFFECTIVE DATE.
111. Except as provided in subsection 2, this Act takes effect
12January 1, 2024.
132. The following, being deemed of immediate importance,
14takes effect upon enactment:
15The section of this Act providing for a report by the
16department of workforce development to the general assembly.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to unemployment benefits.
21The bill strikes language providing that an eligible
22individual’s maximum weekly benefit amount varies with the
23number of the individual’s dependents. The bill instead
24provides that an individual with dependents will have a weekly
25benefit amount of 1/22 the individual’s highest gross quarterly
26salary during the individual’s base period, subject to a
27maximum of 57 percent of the statewide average weekly wage.
28The bill provides that the maximum weekly benefit amount for
29unemployment benefits shall be rounded to the upper multiple of
30$1, rather than the lower multiple as provided under current
31law.
32The bill requires a person applying for unemployment
33benefits to complete a specified number of work searches,
34as defined in the bill, based on the number of jobs listed
35as available as published by the department of workforce
-6-1development (IWD) on the first day of the previous month, for
2each week the person is applying for benefits in order to
3be eligible for benefits. A work search shall not satisfy
4an individual’s eligibility requirements if the individual
5previously applied to the same position within the most recent
6four weeks. Specified types of work searches can only be
7counted once per week toward the total weekly requirements.
8The bill requires that at least half of the work searches
9an individual uses to meet eligibility requirements must be
10from a list of known available jobs within a 50-mile radius
11of the individual’s residence in fields related to employment
12the applicant held within the most recent 10 years, in fields
13which the applicant has identified an interest, or that require
14skills that the individual claimed to have when applying for
15benefits. The bill requires IWD to provide the individual a
16list of these jobs on a weekly basis.
17The bill strikes language providing that when IWD waives or
18alters the work search requirements for a claim for benefits if
19an individual has a reasonable expectation that the individual
20will be returning to employment and is attached to a regular
21job or industry on a short-term temporary layoff, the employer
22may request an extension of the waiver or alteration for up
23to two weeks if work is not available at the conclusion of
24the layoff period due to short-term circumstances beyond the
25employer’s control.
26The bill requires IWD to submit a report to the general
27assembly no later than July 1, 2023, detailing the status
28of IWD’s modernization project. The bill provides that IWD
29shall implement provisions of the bill relating to dependents
30and work searches no later than the completion of IWD’s
31modernization project.
32The bill takes effect January 1, 2024, except the provision
33providing for a report by IWD, which takes effect upon
34enactment.
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