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House File 23 - IntroducedA Bill ForAn Act 1relating to the eligibility of certain individuals
2employed by educational institutions for unemployment
3insurance benefits between two successive academic years or
4terms and including applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.4, subsection 5, paragraph b, Code
22019, is amended by striking the paragraph.
3 Sec. 2. Section 96.4, subsection 5, paragraph c, Code 2019,
4is amended to read as follows:
5c. With respect to services for an educational institution
6in any capacity under paragraph “a” or “b”, benefits shall not
7be paid to an individual for any week of unemployment which
8begins during an established and customary vacation period
9or holiday recess if the individual performs the services in
10the period immediately before such vacation period or holiday
11recess, and the individual has reasonable assurance that the
12individual will perform the services in the period immediately
13following such vacation period or holiday recess.
14 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance
15with section 25B.2, subsection 3, the state cost of requiring
16compliance with any state mandate included in this Act shall
17be paid by a school district from state school foundation aid
18received by the school district under section 257.16. This
19specification of the payment of the state cost shall be deemed
20to meet all of the state funding-related requirements of
21section 25B.2, subsection 3, and no additional state funding
22shall be necessary for the full implementation of this Act
23by and enforcement of this Act against all affected school
24districts.
25 Sec. 4. APPLICABILITY. This Act applies to any new claim of
26unemployment benefits with an effective date on or after July
277, 2019.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Current law provides that an individual is not eligible
32for unemployment insurance benefits based on service in a
33capacity that is not an instructional, research, or principal
34administrative capacity for an educational institution for any
35week of unemployment that begins during the period between two
-1-1successive academic years or terms, if the individual performs
2the services in the first of such academic years or terms and
3has reasonable assurance that the individual will perform
4services for the second of such academic years or terms. If
5the individual is not offered an opportunity to perform the
6services for an educational institution for the second of
7such academic years or terms, the individual is entitled to
8retroactive payments of such benefits.
9This bill strikes the provision.
10The bill may include a state mandate as defined in Code
11section 25B.3. The bill requires that the state cost of
12any state mandate included in the bill be paid by a school
13district from state school foundation aid received by the
14school district under Code section 257.16. The specification
15is deemed to constitute state compliance with any state mandate
16funding-related requirements of Code section 25B.2. The
17inclusion of this specification is intended to reinstate the
18requirement of political subdivisions to comply with any state
19mandates included in the bill.
20The bill applies to any new claim of unemployment benefits
21with an effective date on or after July 7, 2019.
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2employed by educational institutions for unemployment
3insurance benefits between two successive academic years or
4terms and including applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.4, subsection 5, paragraph b, Code
22019, is amended by striking the paragraph.
3 Sec. 2. Section 96.4, subsection 5, paragraph c, Code 2019,
4is amended to read as follows:
5c. With respect to services for an educational institution
6in any capacity under paragraph “a” or “b”, benefits shall not
7be paid to an individual for any week of unemployment which
8begins during an established and customary vacation period
9or holiday recess if the individual performs the services in
10the period immediately before such vacation period or holiday
11recess, and the individual has reasonable assurance that the
12individual will perform the services in the period immediately
13following such vacation period or holiday recess.
14 Sec. 3. STATE MANDATE FUNDING SPECIFIED. In accordance
15with section 25B.2, subsection 3, the state cost of requiring
16compliance with any state mandate included in this Act shall
17be paid by a school district from state school foundation aid
18received by the school district under section 257.16. This
19specification of the payment of the state cost shall be deemed
20to meet all of the state funding-related requirements of
21section 25B.2, subsection 3, and no additional state funding
22shall be necessary for the full implementation of this Act
23by and enforcement of this Act against all affected school
24districts.
25 Sec. 4. APPLICABILITY. This Act applies to any new claim of
26unemployment benefits with an effective date on or after July
277, 2019.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31Current law provides that an individual is not eligible
32for unemployment insurance benefits based on service in a
33capacity that is not an instructional, research, or principal
34administrative capacity for an educational institution for any
35week of unemployment that begins during the period between two
-1-1successive academic years or terms, if the individual performs
2the services in the first of such academic years or terms and
3has reasonable assurance that the individual will perform
4services for the second of such academic years or terms. If
5the individual is not offered an opportunity to perform the
6services for an educational institution for the second of
7such academic years or terms, the individual is entitled to
8retroactive payments of such benefits.
9This bill strikes the provision.
10The bill may include a state mandate as defined in Code
11section 25B.3. The bill requires that the state cost of
12any state mandate included in the bill be paid by a school
13district from state school foundation aid received by the
14school district under Code section 257.16. The specification
15is deemed to constitute state compliance with any state mandate
16funding-related requirements of Code section 25B.2. The
17inclusion of this specification is intended to reinstate the
18requirement of political subdivisions to comply with any state
19mandates included in the bill.
20The bill applies to any new claim of unemployment benefits
21with an effective date on or after July 7, 2019.
-2-je/rn