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 35 -1- LSB 2398SV (3) 90 je/rn 1/ 7
S.F. 481 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 35 -2- LSB 2398SV (3) 90 je/rn 2/ 7
S.F. 481 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 35 -3- LSB 2398SV (3) 90 je/rn 3/ 7
S.F. 481 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 35 -4- LSB 2398SV (3) 90 je/rn 4/ 7
S.F. 481 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 35 -5- LSB 2398SV (3) 90 je/rn 5/ 7
S.F. 481 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 35 -6- LSB 2398SV (3) 90 je/rn 6/ 7
S.F. 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