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