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Senate File 2055

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 96.5, subsection 1, Code 1999, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  k.  The individual left employment due to
  1  4 domestic violence perpetrated against the individual,
  1  5 including domestic abuse as defined in section 236.2, which
  1  6 the individual reasonably believed was necessary to protect
  1  7 the safety of the individual.  All evidence of domestic
  1  8 violence experienced by an individual, including the
  1  9 individual's statement and any corroborating evidence, shall
  1 10 not be disclosed by the department, except to the parties in a
  1 11 benefits contested case proceeding, unless consent for
  1 12 disclosure is granted in writing by the individual.  Benefits
  1 13 related to wage credits earned with the employer that the
  1 14 individual has left shall be charged to the unemployment
  1 15 compensation fund.  This paragraph applies to both
  1 16 contributory and reimbursable employers, notwithstanding
  1 17 section 96.8, subsection 5.
  1 18    Sec. 2.  Section 96.6, subsection 2, Code 1999, is amended
  1 19 to read as follows:
  1 20    2.  INITIAL DETERMINATION.  A representative designated by
  1 21 the director shall promptly notify all interested parties to
  1 22 the claim of its filing, and the parties have ten days from
  1 23 the date of mailing the notice of the filing of the claim by
  1 24 ordinary mail to the last known address to protest payment of
  1 25 benefits to the claimant.  The representative shall promptly
  1 26 examine the claim and any protest, take the initiative to
  1 27 ascertain relevant information concerning the claim, and, on
  1 28 the basis of the facts found by the representative, shall
  1 29 determine whether or not the claim is valid, the week with
  1 30 respect to which benefits shall commence, the weekly benefit
  1 31 amount payable and its maximum duration, and whether any
  1 32 disqualification shall be imposed.  The claimant has the
  1 33 burden of proving that the claimant meets the basic
  1 34 eligibility conditions of section 96.4.  The employer has the
  1 35 burden of proving that the claimant is disqualified for
  2  1 benefits pursuant to section 96.5, except as provided by this
  2  2 subsection.  The claimant has the initial burden to produce
  2  3 evidence showing that the claimant is not disqualified for
  2  4 benefits in cases involving section 96.5, subsection 10, and
  2  5 has the burden of proving that a voluntary quit pursuant to
  2  6 section 96.5, subsection 1, was for good cause attributable to
  2  7 the employer and that the claimant is not disqualified for
  2  8 benefits in cases involving section 96.5, subsection 1,
  2  9 paragraphs "a" through "h" and "k".  Unless the claimant or
  2 10 other interested party, after notification or within ten
  2 11 calendar days after notification was mailed to the claimant's
  2 12 last known address, files an appeal from the decision, the
  2 13 decision is final and benefits shall be paid or denied in
  2 14 accordance with the decision.  If an administrative law judge
  2 15 affirms a decision of the representative, or the appeal board
  2 16 affirms a decision of the administrative law judge allowing
  2 17 benefits, the benefits shall be paid regardless of any appeal
  2 18 which is thereafter taken, but if the decision is finally
  2 19 reversed, no employer's account shall be charged with benefits
  2 20 so paid and this relief from charges shall apply to both
  2 21 contributory and reimbursable employers, notwithstanding
  2 22 section 96.8, subsection 5.  
  2 23                           EXPLANATION
  2 24    This bill provides that a person who quits employment due
  2 25 to domestic violence can receive unemployment compensation
  2 26 benefits.  The bill provides that domestic violence includes
  2 27 domestic abuse as defined in Code section 236.2.  The bill
  2 28 requires that the person establish that the person reasonably
  2 29 believed quitting was necessary to protect the person's
  2 30 safety.  The bill provides that the unemployment compensation
  2 31 fund, and not the employer, will be charged for unemployment
  2 32 benefits paid due to domestic violence.  The bill also
  2 33 provides that the department of workforce development not
  2 34 release evidence presented by the individual to support
  2 35 benefits under this provision, except to the parties in a
  3  1 contested case proceeding, unless the individual consents in
  3  2 writing.
  3  3  
  3  4 LSB 5115SS 78
  3  5 ec/as/5
     

Text: SF02054                           Text: SF02056
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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