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
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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
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