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Senate File 99 - IntroducedA Bill ForAn Act 1relating to work search requirements for unemployment
2insurance benefits, making penalties applicable, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.4, subsection 3, Code 2019, is amended
2to read as follows:
33. a. The individual is able to work, is available for
4work, and is earnestly and actively seeking work. This
5subsection is waived if the individual is deemed partially
6unemployed, while employed at the individual’s regular job,
7as defined in section 96.19, subsection 38, paragraph “b”,
8subparagraph (1), or temporarily unemployed as defined in
9section 96.19, subsection 38, paragraph “c”. The work search
10requirements of this subsection and the disqualification
11requirement for failure to apply for, or to accept suitable
12work of section 96.5, subsection 3, are waived if the
13individual is not disqualified for benefits under section 96.5,
14subsection 1, paragraph “h”.
15b. An employer may report to the department in a manner
16prescribed by the department a job applicant who applies
17for a job for which the applicant does not meet the minimum
18lawful requirements or for which the applicant is manifestly
19unqualified. If such an individual claimed benefits for the
20week during which the application was made, the department
21shall provide the individual written notice that such a report
22has been made. If three such reports regarding an individual
23are made during the individual’s benefit year for applications
24during weeks in which the individual claimed benefits, the
25department shall initiate an investigation as to whether the
26individual was earnestly and actively seeking work during the
27weeks in question. There shall be a rebuttable presumption
28that such an individual was not earnestly and actively seeking
29work during the weeks in question. Such an individual shall
30be subject to any applicable penalties provided under this
31chapter.
32 Sec. 2. APPLICABILITY. This Act applies to any new claim of
33unemployment benefits with an effective date on or after July
347, 2019.
35EXPLANATION
-1-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill authorizes an employer to report to the department
4of workforce development a job applicant who applies for
5a job for which the applicant does not meet the minimum
6lawful requirements or for which the applicant is manifestly
7unqualified. If such an individual claimed unemployment
8benefits for the week during which the application was made,
9the bill requires the department to provide the individual
10written notice that such a report has been made. If three
11such reports regarding an individual are made during the
12individual’s unemployment benefit year for applications during
13weeks in which the individual claimed unemployment benefits,
14the bill requires the department to initiate an investigation
15as to whether the individual was earnestly and actively seeking
16work during the weeks in question. The bill provides that
17there shall be a rebuttable presumption that such an individual
18was not earnestly and actively seeking work during the weeks in
19question. The bill provides that such an individual shall be
20subject to any applicable penalties provided under Code chapter
2196, which governs unemployment insurance. Such penalties
22may include but are not limited to disqualification from
23eligibility for unemployment benefits pursuant to Code section
2496.5, subsection 3.
25The bill applies to any new claim of unemployment benefits
26with an effective date on or after July 7, 2019.
-2-je/rn
2insurance benefits, making penalties applicable, and
3including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 96.4, subsection 3, Code 2019, is amended
2to read as follows:
33. a. The individual is able to work, is available for
4work, and is earnestly and actively seeking work. This
5subsection is waived if the individual is deemed partially
6unemployed, while employed at the individual’s regular job,
7as defined in section 96.19, subsection 38, paragraph “b”,
8subparagraph (1), or temporarily unemployed as defined in
9section 96.19, subsection 38, paragraph “c”. The work search
10requirements of this subsection and the disqualification
11requirement for failure to apply for, or to accept suitable
12work of section 96.5, subsection 3, are waived if the
13individual is not disqualified for benefits under section 96.5,
14subsection 1, paragraph “h”.
15b. An employer may report to the department in a manner
16prescribed by the department a job applicant who applies
17for a job for which the applicant does not meet the minimum
18lawful requirements or for which the applicant is manifestly
19unqualified. If such an individual claimed benefits for the
20week during which the application was made, the department
21shall provide the individual written notice that such a report
22has been made. If three such reports regarding an individual
23are made during the individual’s benefit year for applications
24during weeks in which the individual claimed benefits, the
25department shall initiate an investigation as to whether the
26individual was earnestly and actively seeking work during the
27weeks in question. There shall be a rebuttable presumption
28that such an individual was not earnestly and actively seeking
29work during the weeks in question. Such an individual shall
30be subject to any applicable penalties provided under this
31chapter.
32 Sec. 2. APPLICABILITY. This Act applies to any new claim of
33unemployment benefits with an effective date on or after July
347, 2019.
35EXPLANATION
-1-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill authorizes an employer to report to the department
4of workforce development a job applicant who applies for
5a job for which the applicant does not meet the minimum
6lawful requirements or for which the applicant is manifestly
7unqualified. If such an individual claimed unemployment
8benefits for the week during which the application was made,
9the bill requires the department to provide the individual
10written notice that such a report has been made. If three
11such reports regarding an individual are made during the
12individual’s unemployment benefit year for applications during
13weeks in which the individual claimed unemployment benefits,
14the bill requires the department to initiate an investigation
15as to whether the individual was earnestly and actively seeking
16work during the weeks in question. The bill provides that
17there shall be a rebuttable presumption that such an individual
18was not earnestly and actively seeking work during the weeks in
19question. The bill provides that such an individual shall be
20subject to any applicable penalties provided under Code chapter
2196, which governs unemployment insurance. Such penalties
22may include but are not limited to disqualification from
23eligibility for unemployment benefits pursuant to Code section
2496.5, subsection 3.
25The bill applies to any new claim of unemployment benefits
26with an effective date on or after July 7, 2019.
-2-je/rn