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
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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
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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
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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
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