House File 533 - Reprinted HOUSE FILE 533 BY COMMITTEE ON LABOR (SUCCESSOR TO HSB 143) (As Amended and Passed by the House March 20, 2017 ) A BILL FOR An Act relating to disqualification from eligibility for 1 unemployment benefits and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 533 (2) 87 je/rj/md

H.F. 533 Section 1. Section 96.5, unnumbered paragraph 1, Code 2017, 1 is amended to read as follows: 2 An individual shall be disqualified for benefits , regardless 3 of the source of the individual’s wage credits : 4 Sec. 2. Section 96.5, subsection 2, paragraph a, Code 2017, 5 is amended to read as follows: 6 a. The individual shall be disqualified for benefits 7 disqualification shall continue until the individual has worked 8 in and has been paid wages for insured work equal to ten times 9 the individual’s weekly benefit amount, provided the individual 10 is otherwise eligible. 11 Sec. 3. Section 96.5, Code 2017, is amended by adding the 12 following new subsections: 13 NEW SUBSECTION . 11. Incarceration —— disqualified. 14 a. If the department finds that the individual became 15 separated from employment due to the individual’s incarceration 16 in a jail, municipal holding facility, or correctional 17 institution or facility, unless the department finds all of the 18 following: 19 (1) The individual notified the employer that the 20 individual would be absent from work due to the individual’s 21 incarceration prior to any such absence. 22 (2) Criminal charges relating to the incarceration were 23 not filed against the individual, all criminal charges against 24 the individual relating to the incarceration were dismissed, 25 or the individual was found not guilty of all criminal charges 26 relating to the incarceration. 27 (3) The individual reported back to the employer within two 28 work days of the individual’s release from incarceration and 29 offered services. 30 (4) The employer rejected the individual’s offer of 31 services. 32 b. A disqualification under this subsection shall continue 33 until the individual has worked in and has been paid wages for 34 insured work equal to ten times the individual’s weekly benefit 35 -1- HF 533 (2) 87 je/rj/md 1/ 3

H.F. 533 amount, provided the individual is otherwise eligible. 1 NEW SUBSECTION . 12. Supplemental part-time employment. If 2 the department finds that an individual is disqualified for 3 benefits under subsection 1 or 2 based on the nature of the 4 individual’s separation from supplemental part-time employment, 5 all wages paid by the supplemental part-time employer to that 6 individual in any quarter which are chargeable following a 7 disqualifying separation under subsection 1 or 2 shall not be 8 considered wages credited to the individual until such time 9 as the individual meets the conditions of requalification 10 as provided for in this chapter, or until the period of 11 disqualification provided for in this chapter has elapsed. 12 Sec. 4. Section 96.6, subsection 2, Code 2017, is amended 13 to read as follows: 14 2. Initial determination. A representative designated by 15 the director shall promptly notify all interested parties to 16 the claim of its filing, and the parties have ten days from 17 the date of mailing the notice of the filing of the claim by 18 ordinary mail to the last known address to protest payment of 19 benefits to the claimant. The representative shall promptly 20 examine the claim and any protest, take the initiative to 21 ascertain relevant information concerning the claim, and, on 22 the basis of the facts found by the representative, shall 23 determine whether or not the claim is valid, the week with 24 respect to which benefits shall commence, the weekly benefit 25 amount payable and its maximum duration, and whether any 26 disqualification shall be imposed. The claimant has the burden 27 of proving that the claimant meets the basic eligibility 28 conditions of section 96.4 . The employer has the burden of 29 proving that the claimant is disqualified for benefits pursuant 30 to section 96.5 , except as provided by this subsection . The 31 claimant has the initial burden to produce evidence showing 32 that the claimant is not disqualified for benefits in cases 33 involving section 96.5, subsection subsections 10 and 11 , and 34 has the burden of proving that a voluntary quit pursuant to 35 -2- HF 533 (2) 87 je/rj/md 2/ 3

H.F. 533 section 96.5, subsection 1 , was for good cause attributable 1 to the employer and that the claimant is not disqualified 2 for benefits in cases involving section 96.5, subsection 1 , 3 paragraphs “a” through “h” . Unless the claimant or other 4 interested party, after notification or within ten calendar 5 days after notification was mailed to the claimant’s last 6 known address, files an appeal from the decision, the decision 7 is final and benefits shall be paid or denied in accordance 8 with the decision. If an administrative law judge affirms a 9 decision of the representative, or the appeal board affirms a 10 decision of the administrative law judge allowing benefits, 11 the benefits shall be paid regardless of any appeal which is 12 thereafter taken, but if the decision is finally reversed, 13 no employer’s account shall be charged with benefits so paid 14 and this relief from charges shall apply to both contributory 15 and reimbursable employers, notwithstanding section 96.8, 16 subsection 5 . 17 Sec. 5. EFFECTIVE DATE. This Act takes effect July 2, 2017. 18 -3- HF 533 (2) 87 je/rj/md 3/ 3