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H0393........................................................by MR. SPEAKER
Requested by: Idaho Department of Labor
UNEMPLOYMENT - BENEFITS - Amends existing law to delete a reference to the
federal Job Training Partnership Act with a correct citation to the federal
Workforce Investment Act; and to clarify that a section denying benefits
will be applicable to claimants who willfully made a false statement or who
willfully failed to report a material fact in order to obtain benefits.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Bus
01/28 Rpt out - to Com/HuRes
02/04 Rpt out - rec d/p - to 2nd rdg
02/07 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 67-0-3
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr
Speaker
NAYS -- None
Absent and excused -- Alltus, Crow, Kunz
Floor Sponsor - Ridinger
Title apvd - to Senate
02/09 Senate intro - 1st rdg - to Com/HuRes
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - McLaughlin
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed
03/31 To Governor
04/03 Governor signed
Session Law Chapter 137
Effective: 07/01/00
H0393|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 393 BY MR. SPEAKER Requested by: Idaho Department of Labor 1 AN ACT 2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1366, IDAHO CODE, 3 TO REPLACE AN OBSOLETE CITATION TO THE JOB TRAINING PARTNERSHIP ACT WITH 4 THE CORRECT CITATION TO THE WORKFORCE INVESTMENT ACT, TO CLARIFY THAT SUB- 5 SECTION TWELVE ONLY APPLIES TO CLAIMANTS WHO WILLFULLY MADE A FALSE STATE- 6 MENT OR WILLFULLY FAILED TO REPORT A MATERIAL FACT IN ORDER TO OBTAIN BEN- 7 EFITS AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 72-1366, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 72-1366. PERSONAL ELIGIBILITY CONDITIONS. The personal eligibility condi- 12 tions of a benefit claimant are that: 13 (1) The claimant shall have made a claim for benefits and provided all 14 necessary information pertinent to eligibility. 15 (2) The claimant shall have registered for work and thereafter reported 16 to a job service office or other agency in a manner prescribed by the direc- 17 tor. 18 (3) The claimant shall have met the minimum wage requirements in his base 19 period as provided in section 72-1367, Idaho Code. 20 (4) During the whole of any week with respect to which he claims benefits 21 or credit to his waiting period, the claimant was able to work, available for 22 suitable work, and seeking work; provided, however, that no claimant shall be 23 considered ineligible for failure to comply with the provisions of this sub- 24 section if: (i) such failure is due to an illness or disability which occurs 25 after he has filed a claim and during such illness or disability, the claimant 26 does not refuse or miss suitable work that would have provided wages greater 27 than one-half (1/2) of the claimant's weekly benefit amount; or (ii) the 28 claimant, because of compelling personal circumstance, is required to be 29 absent from his normal labor market area, provided that such absence does not 30 exceed a minor portion of the workweek. 31 (5) The claimant's unemployment is not due to the fact that he left his 32 employment voluntarily without good cause connected with his employment, or 33 that he was discharged for misconduct in connection with his employment. 34 (6) The claimant's unemployment is not due to his failure without good 35 cause to apply for available suitable work or to accept suitable work when 36 offered to him. The longer a claimant has been unemployed, the more willing he 37 must be to seek other types of work and accept work at a lower rate of pay. 38 (7) In determining whether or not work is suitable for an individual, the 39 degree of risk involved to his health, safety, morals, physical fitness, expe- 40 rience, training, past earnings, length of unemployment and prospects for 41 obtaining local employment in his customary occupation, the distance of the 42 work from his residence, and other pertinent factors shall be considered. No 43 employment shall be deemed suitable and benefits shall not be denied to any 2 1 otherwise eligible individual for refusing to accept new work or to hold him- 2 self available for work under any of the following conditions: 3 (a) If the vacancy of the position offered is due directly to a strike, 4 lockout, or other labor dispute; 5 (b) If the wages, hours, or other conditions of the work offered are 6 below those prevailing for similar work in the locality of the work 7 offered; 8 (c) If, as a condition of being employed, the individual would be 9 required to join a company union or to resign from or refrain from joining 10 any bona fide labor organization. 11 (8) No claimant who is otherwise eligible shall be denied benefits for 12 any week due to an inability to comply with the requirements contained in sub- 13 sections (4) and (6) of this section, if: 14 (a) The claimant is a participant in a program sponsored by title IIIof 15 thejob training partnershipworkforce investment act and attends a job 16 training course under that program; or 17 (b) The claimant attends a job training course authorized pursuant to the 18 provisions of section 236(a)(1) of the trade act of 1974 or the North 19 American free trade agreement implementation act. 20 (c) The claimant lacks skills to compete in the labor market and attends 21 a job training course with the approval of the director. The director may 22 approve job training courses that meet the following criteria: 23 (i) The purpose of the job training is to teach the claimant skills 24 that will enhance the claimant's opportunities for employment; and 25 (ii) The job training can be completed within one (1) year, except 26 that this requirement may be waived pursuant to rules that the direc- 27 tor may prescribe. 28 This subsection shall apply only if the claimant submits with each claim 29 report a written certification from the training facility that the claimant is 30 attending and satisfactorily completing the job training course, or demon- 31 strates good cause for failure to attend the job training. 32 (9) No claimant who is otherwise eligible shall be denied benefits under 33 subsection (5) of this section for leaving employment to attend job training 34 pursuant to subsection (8) of this section, provided that the claimant 35 obtained the employment after enrollment in or during scheduled breaks in the 36 job training course, or that the employment was not suitable. For purposes of 37 this subsection, the term "suitable employment" means work of a substantially 38 equal or higher skill level than the individual's past employment, and wages 39 for such work are not less than eighty percent (80%) of the average weekly 40 wage in the individual's past employment. 41 (10) A claimant shall not be eligible to receive benefits for any week 42 with respect to which it is found that his unemployment is due to a labor dis- 43 pute; provided, that this subsection shall not apply if it is shown that: 44 (a) The claimant is not participating, financing, aiding, abetting, or 45 directly interested in the labor dispute; and 46 (b) The claimant does not belong to a grade or class of workers with mem- 47 bers employed at the premises at which the labor dispute occurs, who are 48 participating in or directly interested in the dispute. 49 (11) A claimant shall not be entitled to benefits for any week with 50 respect to which or a part of which he has received or is seeking benefits 51 under an unemployment insurance law of another state or of the United States; 52 provided, that if the appropriate agency of such other state or of the United 53 States shall finally determine that he is not entitled to such unemployment 54 compensation or insurance benefits, he shall not by the provisions of this 55 subsection be denied benefits. For purposes of this section, a law of the 3 1 United States providing any payments of any type and in any amounts for 2 periods of unemployment due to involuntary unemployment shall be considered an 3 unemployment insurance law of the United States. 4 (12) A claimant shall not be entitled to benefits for a period of fifty- 5 two (52) weeks if it is determined that he haswilfullywillfully made a false 6 statement orwilfullywillfully failed to report a material fact in order to 7 obtain benefits. The period of disqualification shall commence the week the 8 determination is issued. The claimant shall also be ineligible for waiting 9 week credit and shall repay any sums received for a week in which the claimant 10 willfully made a false statement or willfully failed to report a material 11 fact. 12 (13) A claimant shall not be entitled to benefits if his principal occupa- 13 tion is self-employment. 14 (14) A claimant who has been found ineligible for benefits under the pro- 15 visions of subsection (5), (6), (7) or (9) of this section shall reestablish 16 his eligibility by having obtained bona fide work and received wages therefor 17 in an amount of at least twelve (12) times his weekly benefit amount. 18 (15) Benefits based on service in employment defined in sections 72-1349A 19 and 72-1352(3), Idaho Code, shall be payable in the same amount, on the same 20 terms and subject to the same conditions as benefits payable on the basis of 21 other service subject to this act. 22 (a) If the services performed during one-half (1/2) or more of any con- 23 tract period by an individual for an educational institution as defined in 24 section 72-1322B, Idaho Code, are in an instructional, research, or prin- 25 cipal administrative capacity, all the services shall be deemed to be in 26 such capacity. 27 (b) If the services performed during less than one-half (1/2) of any con- 28 tract period by an individual for an educational institution are in an 29 instructional, research, or principal administrative capacity, none of the 30 service shall be deemed to be in such capacity. 31 (c) As used in this section, "contract period" means the entire period 32 for which the individual contracts to perform services, pursuant to the 33 terms of the contract. 34 (16) No claimant is eligible to receive benefits in two (2) successive 35 benefit years unless, after the beginning of the first benefit year during 36 which he received benefits, he performed service and earned an amount equal to 37 not less than six (6) times the weekly benefit amount established during the 38 first benefit year. 39 (17) (a) Benefits based on wages earned for services performed in an 40 instructional, research, or principal administrative capacity for an edu- 41 cational institution shall not be paid for any week of unemployment com- 42 mencing during the period between two (2) successive academic years, or 43 during a similar period between two (2) terms, whether or not successive, 44 or during a period of paid sabbatical leave provided for in the 45 individual's contract, to any individual who performs such services in the 46 first academic year (or term) and has a contract to perform services in 47 any such capacity for any educational institution in the second academic 48 year or term, or has been given reasonable assurance that such a contract 49 will be offered. 50 (b) Benefits based on wages earned for services performed in any other 51 capacity for an educational institution shall not be paid to any individ- 52 ual for any week which commences during a period between two (2) succes- 53 sive school years or terms if the individual performs such services in the 54 first school year or term, and there is a contract or reasonable assurance 55 that the individual will perform such services in the second school year 4 1 or term. If benefits are denied to any individual under this subparagraph 2 and the individual was not offered an opportunity to perform such services 3 for the educational institution for the second academic year or term, the 4 individual shall be entitled to a retroactive payment of benefits for each 5 week for which the individual filed a timely claim for benefits and for 6 which benefits were denied solely by reason of this clause. 7 (c) With respect to any services described in paragraphs (a) and (b) of 8 this subsection, benefits shall not be paid nor "waiting week" credit 9 given to an individual for wages earned for services for any week which 10 commences during an established and customary vacation period or holiday 11 recess if the individual performed the services in the period immediately 12 before the vacation period or holiday recess, and there is a reasonable 13 assurance the individual will perform such services in the period immedi- 14 ately following such vacation period or holiday recess. 15 (d) With respect to any services described in paragraphs (a) and (b) of 16 this subsection, benefits shall not be payable on the basis of services in 17 any capacities specified in paragraphs (a), (b) and (c) of this subsection 18 to any individual who performed such services in an educational institu- 19 tion while in the employ of an educational service agency. For purposes of 20 this paragraph the term "educational service agency" means a governmental 21 entity which is established and operated exclusively for the purpose of 22 providing such services to one (1) or more educational institutions. 23 (18) Benefits shall not be payable on the basis of services which substan- 24 tially consist of participating in sports or athletic events or training or 25 preparing to participate, for any week which commences during the period 26 between two (2) successive sport seasons (or similar periods) if the individ- 27 ual performed services in the first season (or similar period) and there is a 28 reasonable assurance that the individual will perform such services in the 29 later of such season (or similar period). 30 (19) (a) Benefits shall not be payable on the basis of services performed 31 by an alien unless the alien was lawfully admitted for permanent residence 32 at the time such services were performed, was lawfully present for pur- 33 poses of performing such services, or was permanently residing in the 34 United States under color of law at the time the services were performed 35 (including an alien who was lawfully present in the United States as a 36 result of the application of the provisions of sections 207 and 208 or 37 section 212(d)(5) of the immigration and nationality act). 38 (b) Any data or information required of individuals applying for benefits 39 to determine eligibility under this subsection shall be uniformly required 40 from all applicants for benefits. 41 (c) A decision to deny benefits under this subsection must be based on a 42 preponderance of the evidence. 43 (20) An individual who has been determined to be likely to exhaust regular 44 benefits and to need reemployment services pursuant to a profiling system 45 established by the director must participate in those reemployment services 46 unless: 47 (a) The individual has completed such services; or 48 (b) There is justifiable cause, as determined by the director, for the 49 claimant's failure to participate in such services. 50 (21) (a) A claimant: 51 (i) Who has been assigned to work for one (1) or more customers of 52 a staffing service; and 53 (ii) Who, at the time of hire by the staffing service, signed a 54 written notice informing him that completion or termination of an 55 assignment for a customer would not, of itself, terminate the employ- 5 1 ment relationship with the staffing service; 2 will not be considered unemployed upon completion or termination of an 3 assignment until such time as he contacts the staffing service to deter- 4 mine if further suitable work is available. If the claimant: 5 (A) Contacts the staffing service and refuses a suitable work 6 assignment that is offered to him at that time, he will be con- 7 sidered to have voluntarily quit that employment; or 8 (B) Contacts the staffing service and the service does not have 9 a suitable work assignment for him, he will be considered unem- 10 ployed due to a lack of work; or 11 (C) Accepts new employment without first contacting the 12 staffing service for additional work, he will be considered to 13 have voluntarily quit employment with the staffing service. 14 (b) For the purposes of this subsection, the term "staffing service" 15 means any person who assigns individuals to work for its customers and 16 includes, but is not limited to, professional employers, as defined in 17 chapter 24, title 44, Idaho Code, and the employers of temporary employees 18 as defined in section 44-2403(7), Idaho Code. 19 SECTION 2. This act shall be in full force and effect on and after July 20 1, 2000.
STATEMENT OF PURPOSE
RS09348
This bill contains two amendments to Idaho's Employment Security Law.
The amendment to Section 72-1366(8)(a) replaces an obsolete reference
to the federal Job Training Partnership Act, which will be repealed
July 1, 2000, with the correct citation to the federal Workforce
Investment Act.
The amendment to Section 72-1366(12) clarifies that the section is
applicable only to claimants who willfully made a false statement or
willfully failed to report a material fact in order to obtain
benefits.
FISCAL IMPACT
Neither amendment will impact the State's General Fund or the
Unemployment Insurance Trust Fund.
CONTACT
Name: Dwight Johnson
Agency: Department of Labor
Phone: 334-6402
Statement of Purpose/Fiscal Impact H0393