House File 114 - 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.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 96.4, subsection 5, paragraph b, Code
22017, is amended by striking the paragraph.
3   Sec. 2.  Section 96.4, subsection 5, paragraph c, Code 2017,
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.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
   28Current law provides that an individual is not eligible
29for unemployment insurance benefits based on service in a
30capacity that is not an instructional, research, or principal
31administrative capacity for an educational institution for any
32week of unemployment that begins during the period between two
33successive academic years or terms, if the individual performs
34the services in the first of such academic years or terms and
35has reasonable assurance that the individual will perform
-1-1services for the second of such academic years or terms. If
2the individual is not offered an opportunity to perform the
3services for an educational institution for the second of
4such academic years or terms, the individual is entitled to
5retroactive payments of such benefits.
   6This bill strikes the provision.
   7The bill may include a state mandate as defined in Code
8section 25B.3. The bill requires that the state cost of
9any state mandate included in the bill be paid by a school
10district from state school foundation aid received by the
11school district under Code section 257.16. The specification
12is deemed to constitute state compliance with any state mandate
13funding-related requirements of Code section 25B.2. The
14inclusion of this specification is intended to reinstate the
15requirement of political subdivisions to comply with any state
16mandates included in the bill.
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je/rj