Senate File 327 - Introduced SENATE FILE 327 BY BOULTON A BILL FOR An Act relating to claims for unemployment benefits, related 1 waivers and reporting, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2482XS (3) 89 je/rn
S.F. 327 Section 1. NEW SECTION . 96.33 Delayed departmental action 1 —— personnel. 2 The department shall dedicate one or more employees to 3 addressing claims for benefits to which any of the following 4 apply: 5 1. Claims for which thirty or more calendar days have passed 6 since a claim was filed without issuance of a notice of filing 7 of the claim pursuant to section 96.6, subsection 2. 8 2. Claims for which thirty or more calendar days have passed 9 since payment of benefits was protested without issuance of 10 a notification of the department representative’s decision 11 pursuant to section 96.6, subsection 2. 12 3. Claims for which thirty or more calendar days have 13 passed since a hearing on an appeal from the department 14 representative’s decision without issuance of an administrative 15 law judge’s decision pursuant to section 96.3, subsection 3. 16 Sec. 2. OVERPAYMENT OF PANDEMIC UNEMPLOYMENT ASSISTANCE 17 BENEFITS —— WAIVER PROCEDURES. 18 1. The department of workforce development shall establish 19 written guidance on procedures for an individual who received 20 an overpayment of pandemic emergency unemployment compensation 21 to seek a waiver of repayment of such overpayment from the 22 department as provided in the federal Coronavirus Aid, 23 Relief, and Economic Security Act, Pub. L. No. 116-136, 24 §2107(e)(2). Such guidance shall include a comprehensive 25 description of information necessary to obtain a waiver from 26 the department, specific and exclusive criteria that shall be 27 used by the department to determine whether an individual is 28 eligible for a waiver, a standardized form for seeking such a 29 waiver, information on where the form can be submitted to the 30 department by mail and by electronic means, and information 31 on how an individual can contact the department for further 32 information, including verbal discussion with a department 33 employee. 34 2. The department shall publish the written guidance 35 -1- LSB 2482XS (3) 89 je/rn 1/ 3
S.F. 327 prominently on the department’s internet site and send the 1 guidance by certified mail, return receipt requested, to each 2 individual who received an overpayment of pandemic emergency 3 unemployment compensation in this state for whom the department 4 has not waived repayment. The department shall take no 5 further action to seek such repayment from any individual 6 until the department has sent the guidance to the individual 7 and published the guidance on the department’s internet site 8 as provided in this section. The department shall dedicate 9 personnel to expediting the processing of requests for waiver 10 of such repayment. 11 Sec. 3. UNEMPLOYMENT INSURANCE —— MONTHLY STATUS REPORTS 12 DURING DISASTER EMERGENCY. By the first day of any month in 13 which a proclamation of disaster emergency pursuant to section 14 29C.6 relating to COVID-19, as defined in section 686D.2, 15 remains in effect, the department of workforce development 16 shall submit a report to the governor and the general assembly 17 including all of the following information regarding claims for 18 unemployment benefits in the previous month: 19 1. The average time from a claimant initially filing a claim 20 for benefits to receipt of the initial payment of benefits. 21 2. The average time from a claimant initially filing a claim 22 for benefits to the date of a hearing with the department’s 23 representative pursuant to section 96.6, subsection 2, when a 24 protest of payment of benefits is made. 25 3. The average time from a claimant or employer filing an 26 appeal of the department representative’s decision pursuant to 27 section 96.6, subsection 2, to the date of a hearing before an 28 administrative law judge. 29 4. The average time from a hearing before an administrative 30 law judge pursuant to section 96.6, subsection 3, to the 31 issuance of the administrative law judge’s decision. 32 5. The total number of active claims to which section 96.33, 33 subsection 1, 2, or 3, as enacted by this Act, applies. 34 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 35 -2- LSB 2482XS (3) 89 je/rn 2/ 3
S.F. 327 importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill requires the department of workforce development 5 to dedicate one or more employees to addressing claims for 6 benefits for which certain specified procedures relating to 7 such claims have not been carried out by the department for 30 8 or more calendar days. 9 The bill requires the department to establish written 10 guidance on procedures for an individual who received an 11 overpayment of pandemic emergency unemployment compensation 12 to seek a waiver of repayment of such overpayment from the 13 department as provided in federal law. The bill specifies the 14 content of such guidance. The bill requires the department to 15 publish the guidance prominently on the department’s internet 16 site and send the guidance by certified mail, return receipt 17 requested, to each individual who received an overpayment 18 of pandemic emergency unemployment compensation in Iowa 19 for whom the department has not waived repayment. The bill 20 prohibits the department from taking further action to seek 21 such repayment from any individual until the department has 22 sent the guidance to the individual and published the guidance 23 on the department’s internet site as provided in this section. 24 The bill requires the department to dedicate personnel to 25 expediting the processing of requests for waiver of such 26 repayment. 27 The bill requires the department of workforce development 28 to submit a monthly report to the governor and the general 29 assembly including certain specified information on claims for 30 unemployment benefits in the previous month. The report is to 31 be submitted by the first of any month in which a proclamation 32 of disaster emergency relating to COVID-19 remains in effect. 33 The bill takes effect upon enactment. 34 -3- LSB 2482XS (3) 89 je/rn 3/ 3