Senate File 2223 - Introduced SENATE FILE BY ANGELO and LUNDBY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing unemployment compensation benefits to 2 individuals who quit employment due to domestic abuse. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5895ST 81 5 kk/sh/8 PAG LIN 1 1 Section 1. Section 96.5, subsection 1, Code 2005, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. k. The individual left employment due to 1 4 domestic abuse, as defined in section 236.2, perpetrated 1 5 against the individual, and the individual reasonably believed 1 6 such act was necessary to protect the safety of the 1 7 individual. Benefits related to wage credits earned with the 1 8 employer that the individual has left shall be charged to the 1 9 unemployment compensation fund. This paragraph applies to 1 10 both contributory and reimbursable employers, notwithstanding 1 11 section 96.8, subsection 5. 1 12 All evidence of domestic abuse experienced by an 1 13 individual, including the individual's statement and any 1 14 corroborating evidence, shall not be disclosed by the 1 15 department, except to the parties in a benefits contested case 1 16 proceeding, unless consent for disclosure is granted in 1 17 writing by the individual. Evidence of domestic abuse may 1 18 include but is not limited to any of the following: 1 19 (1) A statement or report from a law enforcement agency, 1 20 medical professional, mental health professional, or domestic 1 21 violence shelter. 1 22 (2) Witness statements regarding the incidents that cause 1 23 the person to believe the person's life or safety or the life 1 24 or safety of a member of the person's household is in danger. 1 25 Sec. 2. Section 96.6, subsection 2, Code 2005, is amended 1 26 to read as follows: 1 27 2. INITIAL DETERMINATION. A representative designated by 1 28 the director shall promptly notify all interested parties to 1 29 the claim of its filing, and the parties have ten days from 1 30 the date of mailing the notice of the filing of the claim by 1 31 ordinary mail to the last known address to protest payment of 1 32 benefits to the claimant. The representative shall promptly 1 33 examine the claim and any protest, take the initiative to 1 34 ascertain relevant information concerning the claim, and, on 1 35 the basis of the facts found by the representative, shall 2 1 determine whether or not the claim is valid, the week with 2 2 respect to which benefits shall commence, the weekly benefit 2 3 amount payable and its maximum duration, and whether any 2 4 disqualification shall be imposed. The claimant has the 2 5 burden of proving that the claimant meets the basic 2 6 eligibility conditions of section 96.4. The employer has the 2 7 burden of proving that the claimant is disqualified for 2 8 benefits pursuant to section 96.5, except as provided by this 2 9 subsection. The claimant has the initial burden to produce 2 10 evidence showing that the claimant is not disqualified for 2 11 benefits in cases involving section 96.5, subsection 10, and 2 12 has the burden of proving that a voluntary quit pursuant to 2 13 section 96.5, subsection 1, was for good cause attributable to 2 14 the employer and that the claimant is not disqualified for 2 15 benefits in cases involving section 96.5, subsection 1, 2 16 paragraphs "a" through "h" and "k". Unless the claimant or 2 17 other interested party, after notification or within ten 2 18 calendar days after notification was mailed to the claimant's 2 19 last known address, files an appeal from the decision, the 2 20 decision is final and benefits shall be paid or denied in 2 21 accordance with the decision. If an administrative law judge 2 22 affirms a decision of the representative, or the appeal board 2 23 affirms a decision of the administrative law judge allowing 2 24 benefits, the benefits shall be paid regardless of any appeal 2 25 which is thereafter taken, but if the decision is finally 2 26 reversed, no employer's account shall be charged with benefits 2 27 so paid and this relief from charges shall apply to both 2 28 contributory and reimbursable employers, notwithstanding 2 29 section 96.8, subsection 5. 2 30 EXPLANATION 2 31 This bill provides that a person who quits employment due 2 32 to domestic abuse can receive unemployment compensation 2 33 benefits. The bill requires that the person establish that 2 34 the person reasonably believed quitting was necessary to 2 35 protect the person's safety. The bill provides that the 3 1 unemployment compensation fund, and not the employer, will be 3 2 charged for unemployment benefits paid due to domestic abuse. 3 3 The bill also provides that the department of workforce 3 4 development shall not release evidence presented by the 3 5 individual to support benefits under this provision, except to 3 6 the parties in a contested case proceeding, unless the 3 7 individual consents in writing. The bill provides that 3 8 evidence of domestic abuse presented to the department which 3 9 shall not be released includes statements or reports from a 3 10 law enforcement agency, medical or mental health professional, 3 11 or domestic violence shelter, and other witness statements. 3 12 LSB 5895ST 81 3 13 kk:nh/sh/8