Senate
File
481
-
Introduced
SENATE
FILE
481
BY
COMMITTEE
ON
WORKFORCE
(SUCCESSOR
TO
SSB
1159)
A
BILL
FOR
An
Act
concerning
unemployment
benefits
and
including
effective
1
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2398SV
(3)
90
je/rn
S.F.
481
Section
1.
Section
96.1A,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
43.
“Work
search”
means
any
of
the
3
following:
4
a.
Applying
for
a
job
by
submitting
a
resume
or
application
5
to
a
potential
employer
in
person,
through
an
internet
site,
or
6
by
mail,
electronic
mail,
or
facsimile.
7
b.
Taking
a
civil
service
exam.
8
c.
Submitting
a
resume
to
home
base
Iowa
if
the
individual
9
is
a
veteran
as
defined
in
section
35.1.
10
d.
Registering
with
a
placement
facility
of
a
school
or
11
college.
12
e.
Interviewing
for
a
job
virtually,
in
person,
or
at
a
job
13
fair.
14
f.
Attending
a
workshop
at
an
employment
office.
15
g.
Attending
a
job
fair
sponsored
by
an
employment
office
or
16
partner
entity
designated
by
the
department.
17
h.
Attending
a
scheduled
career
networking
meeting
at
an
18
employment
office.
19
i.
Creating
a
reemployment
plan
subject
to
requirements
and
20
procedures
established
by
the
department.
21
j.
Attending
an
appointment
with
a
career
planner
at
an
22
employment
office.
23
k.
Attending
an
appointment
with
an
entity
pursuant
to
a
24
core
program
as
defined
in
section
84A.2.
25
l.
Participating
in
a
mock
interview
at
an
employment
26
office.
27
Sec.
2.
Section
96.3,
subsection
4,
Code
2023,
is
amended
28
to
read
as
follows:
29
4.
Determination
of
benefits.
30
a.
With
respect
to
benefit
years
beginning
on
or
after
July
31
1,
1983,
an
An
eligible
individual’s
weekly
benefit
amount
for
32
a
week
of
total
unemployment
shall
be
an
amount
equal
to
the
33
following
fractions
of
the
individual’s
total
wages
in
insured
34
work
paid
during
that
quarter
of
the
individual’s
base
period
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in
which
such
total
wages
were
highest.
The
director
shall
1
determine
annually
a
maximum
weekly
benefit
amount
equal
to
2
the
following
percentages,
to
vary
with
the
number
of
based
on
3
whether
the
individual
has
dependents,
of
the
statewide
average
4
weekly
wage
paid
to
employees
in
insured
work
which
shall
be
5
effective
the
first
day
of
the
first
full
week
in
July:
6
If
the
The
weekly
Subject
to
7
number
of
benefit
amount
the
following
8
dependents
shall
equal
maximum
9
is:
the
following
percentage
of
10
fraction
of
high
the
statewide
11
quarter
wages:
average
12
weekly
wage:
13
0
1/23
53%
14
1
or
more
1/22
55%
57%
15
2
1/21
57%
16
3
1/20
60%
17
4
or
more
1/19
65%
18
b.
The
maximum
weekly
benefit
amount,
if
not
a
multiple
of
19
one
dollar,
shall
be
rounded
to
the
lower
upper
multiple
of
20
one
dollar.
However,
until
such
time
as
sixty-five
percent
of
21
the
statewide
average
weekly
wage
exceeds
one
hundred
ninety
22
dollars,
the
The
maximum
weekly
benefit
amounts
shall
be
23
determined
using
the
statewide
average
weekly
wage
computed
on
24
the
basis
of
wages
reported
for
the
current
calendar
year
1981
.
25
As
used
in
this
section
,
“dependent”
means
dependent
as
defined
26
in
section
422.12,
subsection
1
,
paragraph
“a”
,
as
if
the
27
individual
claimant
was
a
taxpayer,
except
that
an
individual
28
claimant’s
nonworking
spouse
shall
be
deemed
to
be
a
dependent
29
under
this
section
.
“Nonworking
spouse”
means
a
spouse
who
does
30
not
earn
more
than
one
hundred
twenty
dollars
in
gross
wages
31
in
one
week.
32
Sec.
3.
Section
96.4,
subsection
3,
Code
2023,
is
amended
33
to
read
as
follows:
34
3.
a.
The
individual
is
able
to
work,
is
available
for
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work,
and
is
earnestly
and
actively
seeking
work.
1
b.
(1)
A
person
shall
be
required,
at
a
minimum,
to
meet
2
the
following
requirements
to
be
deemed
earnestly
and
actively
3
seeking
work:
4
(a)
If
the
number
of
available
jobs
is
at
or
above
sixty
5
thousand,
the
person
must
complete
a
minimum
of
six
work
6
searches
for
each
week
the
person
applies
for
benefits.
7
(b)
If
the
number
of
available
jobs
is
at
or
above
fifty
8
thousand
but
below
sixty
thousand,
the
person
must
complete
a
9
minimum
of
five
work
searches
for
each
week
the
person
applies
10
for
benefits.
11
(c)
If
the
number
of
available
jobs
is
below
fifty
thousand,
12
the
person
must
complete
a
minimum
of
four
work
searches
for
13
each
week
the
person
applies
for
benefits.
14
(2)
A
work
search
shall
not
satisfy
the
requirements
of
this
15
paragraph
if
the
individual
previously
applied
for
the
same
16
position
within
the
most
recent
four
weeks.
17
(3)
The
department
shall
provide
on
a
weekly
basis
to
an
18
individual
applying
for
benefits
a
list
of
known
available
19
jobs
within
a
fifty-mile
radius
of
the
applicant’s
residence
20
in
fields
related
to
the
employment
the
applicant
had
within
21
the
most
recent
ten
years,
in
fields
which
the
applicant
22
has
identified
an
interest,
or
that
require
skills
that
the
23
applicant
claimed
to
have
when
applying
for
benefits.
24
(4)
At
least
half
of
the
individual’s
work
searches
shall
25
be
from
the
list
of
known
available
jobs
provided
by
the
26
department
pursuant
to
subparagraph
(3).
27
(5)
For
the
purposes
of
this
paragraph,
“the
number
of
28
available
jobs”
means
the
number
of
jobs
listed
as
available
as
29
published
by
the
department
on
the
first
day
of
the
previous
30
month.
31
(6)
No
more
than
one
of
the
individual’s
work
searches
shall
32
be
from
the
activities
provided
in
section
96.1A,
subsection
33
43,
paragraphs
“c”
through
“l”
.
34
c.
This
subsection
is
waived
if
the
individual
is
deemed
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partially
unemployed,
while
employed
at
the
individual’s
1
regular
job,
as
defined
in
section
96.1A,
subsection
37
,
2
paragraph
“b”
,
subparagraph
(1),
or
temporarily
unemployed
3
as
defined
in
section
96.1A,
subsection
37
,
paragraph
“c”
.
4
The
work
search
requirements
of
this
subsection
and
the
5
disqualification
requirement
for
failure
to
apply
for,
or
6
to
accept
suitable
work
of
section
96.5,
subsection
3
,
are
7
waived
if
the
individual
is
not
disqualified
for
benefits
under
8
section
96.5,
subsection
1
,
paragraph
“h”
.
9
b.
d.
Notwithstanding
any
provision
of
this
chapter
to
the
10
contrary,
the
department
may
establish
by
rule
a
process
to
11
waive
or
alter
the
work
search
requirements
of
this
subsection
12
for
a
claim
for
benefits
if
an
individual
has
a
reasonable
13
expectation
that
the
individual
will
be
returning
to
employment
14
and
is
attached
to
a
regular
job
or
industry
or
a
member
in
15
good
standing
of
a
union
therein
eligible
for
referral
for
16
employment.
To
be
considered
attached
to
a
regular
job
or
17
industry,
an
individual
must
be
on
a
short-term
temporary
18
layoff.
If
work
is
not
available
at
the
conclusion
of
the
19
layoff
period
due
to
short-term
circumstances
beyond
the
20
employer’s
control,
the
employer
may
request
an
extension
21
of
the
waiver
or
alteration
for
up
to
two
weeks
from
the
22
department.
For
purposes
of
this
paragraph,
“short-term
23
temporary
layoff”
means
a
layoff
period
of
sixteen
weeks
or
24
less
due
to
seasonal
weather
conditions
that
impact
the
ability
25
to
perform
work
related
to
highway
construction,
repair,
or
26
maintenance
with
a
specific
return-to-work
date
verified
by
the
27
employer.
28
Sec.
4.
Section
96.6,
subsection
2,
Code
2023,
is
amended
29
to
read
as
follows:
30
2.
Initial
determination.
A
representative
designated
by
31
the
director
shall
promptly
notify
all
interested
parties
to
32
the
claim
of
its
filing,
and
the
parties
have
ten
calendar
33
days
from
the
date
of
issuance
of
the
notice
of
the
filing
of
34
the
claim
to
protest
payment
of
benefits
to
the
claimant.
All
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interested
parties
shall
select
a
format
as
specified
by
the
1
department
to
receive
such
notifications.
The
representative
2
shall
promptly
examine
the
claim
and
any
protest,
take
the
3
initiative
to
ascertain
relevant
information
concerning
4
the
claim,
and,
on
the
basis
of
the
facts
found
by
the
5
representative,
shall
determine
whether
or
not
the
claim
is
6
valid,
the
week
with
respect
to
which
benefits
shall
commence,
7
the
weekly
benefit
amount
payable
and
its
maximum
duration,
and
8
whether
any
disqualification
shall
be
imposed.
The
claimant
9
has
the
burden
of
proving
that
the
claimant
meets
the
basic
10
eligibility
conditions
of
section
96.4
.
The
employer
has
11
the
burden
of
proving
that
the
claimant
is
disqualified
for
12
benefits
pursuant
to
section
96.5
,
except
as
provided
by
this
13
subsection
.
The
claimant
has
the
initial
burden
to
produce
14
evidence
showing
that
the
claimant
is
not
disqualified
for
15
benefits
in
cases
involving
section
96.5,
subsections
10
16
and
11
,
and
has
the
burden
of
proving
that
a
voluntary
quit
17
pursuant
to
section
96.5,
subsection
1
,
was
for
good
cause
18
attributable
to
the
employer
and
that
the
claimant
is
not
19
disqualified
for
benefits
in
cases
involving
section
96.5,
20
subsection
1
,
paragraphs
“a”
through
“h”
.
Unless
the
claimant
21
or
other
interested
party,
after
notification
or
within
22
ten
calendar
days
after
notification
was
issued,
files
an
23
appeal
from
the
decision,
the
decision
is
final
and
benefits
24
shall
be
paid
or
denied
in
accordance
with
the
decision.
25
If
an
administrative
law
judge
affirms
a
decision
of
the
26
representative,
or
the
appeal
board
affirms
a
decision
of
the
27
administrative
law
judge
allowing
benefits,
the
benefits
shall
28
be
paid
regardless
of
any
appeal
which
is
thereafter
taken,
29
but
if
the
decision
is
finally
reversed,
no
employer’s
account
30
shall
be
charged
with
benefits
so
paid
and
this
relief
from
31
charges
shall
apply
to
both
contributory
and
reimbursable
32
employers,
notwithstanding
section
96.8,
subsection
5.
33
Sec.
5.
REPORT.
The
department
of
workforce
development
34
shall
submit
a
report
to
the
general
assembly
no
later
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than
July
1,
2023,
detailing
the
status
of
the
department’s
1
modernization
project.
2
Sec.
6.
IMPLEMENTATION.
The
department
of
workforce
3
development
shall
implement
the
following
no
later
than
the
4
completion
of
the
department’s
modernization
project:
5
1.
The
section
of
this
Act
amending
section
96.3,
subsection
6
4.
7
2.
The
section
of
this
Act
amending
section
96.4,
subsection
8
3.
9
Sec.
7.
EFFECTIVE
DATE.
10
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
11
January
1,
2024.
12
2.
The
following,
being
deemed
of
immediate
importance,
13
takes
effect
upon
enactment:
14
The
section
of
this
Act
providing
for
a
report
by
the
15
department
of
workforce
development
to
the
general
assembly.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
unemployment
benefits.
20
The
bill
strikes
language
providing
that
an
eligible
21
individual’s
maximum
weekly
benefit
amount
varies
with
the
22
number
of
the
individual’s
dependents.
The
bill
instead
23
provides
that
an
individual
with
dependents
will
have
a
weekly
24
benefit
amount
of
1/22
the
individual’s
highest
gross
quarterly
25
salary
during
the
individual’s
base
period,
subject
to
a
26
maximum
of
57
percent
of
the
statewide
average
weekly
wage.
27
The
bill
provides
that
the
maximum
weekly
benefit
amount
for
28
unemployment
benefits
shall
be
rounded
to
the
upper
multiple
of
29
$1,
rather
than
the
lower
multiple
as
provided
under
current
30
law.
31
The
bill
requires
a
person
applying
for
unemployment
32
benefits
to
complete
a
specified
number
of
work
searches,
33
as
defined
in
the
bill,
based
on
the
number
of
jobs
listed
34
as
available
as
published
by
the
department
of
workforce
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481
development
(IWD)
on
the
first
day
of
the
previous
month,
for
1
each
week
the
person
is
applying
for
benefits
in
order
to
2
be
eligible
for
benefits.
A
work
search
shall
not
satisfy
3
an
individual’s
eligibility
requirements
if
the
individual
4
previously
applied
to
the
same
position
within
the
most
recent
5
four
weeks.
Specified
types
of
work
searches
can
only
be
6
counted
once
per
week
toward
the
total
weekly
requirements.
7
The
bill
requires
that
at
least
half
of
the
work
searches
8
an
individual
uses
to
meet
eligibility
requirements
must
be
9
from
a
list
of
known
available
jobs
within
a
50-mile
radius
10
of
the
individual’s
residence
in
fields
related
to
employment
11
the
applicant
held
within
the
most
recent
10
years,
in
fields
12
which
the
applicant
has
identified
an
interest,
or
that
require
13
skills
that
the
individual
claimed
to
have
when
applying
for
14
benefits.
The
bill
requires
IWD
to
provide
the
individual
a
15
list
of
these
jobs
on
a
weekly
basis.
16
The
bill
strikes
language
providing
that
when
IWD
waives
or
17
alters
the
work
search
requirements
for
a
claim
for
benefits
if
18
an
individual
has
a
reasonable
expectation
that
the
individual
19
will
be
returning
to
employment
and
is
attached
to
a
regular
20
job
or
industry
on
a
short-term
temporary
layoff,
the
employer
21
may
request
an
extension
of
the
waiver
or
alteration
for
up
22
to
two
weeks
if
work
is
not
available
at
the
conclusion
of
23
the
layoff
period
due
to
short-term
circumstances
beyond
the
24
employer’s
control.
25
The
bill
requires
IWD
to
submit
a
report
to
the
general
26
assembly
no
later
than
July
1,
2023,
detailing
the
status
27
of
IWD’s
modernization
project.
The
bill
provides
that
IWD
28
shall
implement
provisions
of
the
bill
relating
to
dependents
29
and
work
searches
no
later
than
the
completion
of
IWD’s
30
modernization
project.
31
The
bill
takes
effect
January
1,
2024,
except
the
provision
32
providing
for
a
report
by
IWD,
which
takes
effect
upon
33
enactment.
34
-7-
LSB
2398SV
(3)
90
je/rn
7/
7