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S1036.......................................by COMMERCE AND HUMAN RESOURCES
UNEMPLOYMENT INSURANCE - Amends existing law to provide eligibility
conditions for a claimant employed by a staffing service.
01/22 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Com/HuRes
02/05 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 33-1-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler
NAYS--Whitworth
Absent and excused--Davis
Floor Sponsor - King
Title apvd - to House
02/10 House intro - 1st rdg - to Comm/Hu Res
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 64-5-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Campbell, Clark, Crow, 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, Limbaugh, Linford, Loertscher,
Mader, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Boe, Chase, Kunz, Ringo, Watson
Absent and excused -- Marley
Floor Sponsor - Crow
Title apvd - to Senate
03/02 To enrol
03/03 Rpt enrol - Pres signed
03/04 Sp signed
03/05 To Governor
03/11 Governor signed
Session Law Chapter 53
Effective: 07/01/99
S1036|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1036 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1366, IDAHO CODE, 3 TO PROVIDE ELIGIBILITY CONDITIONS FOR A CLAIMANT EMPLOYED BY A STAFFING 4 SERVICE AND TO PROVIDE A DEFINITION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 72-1366, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 72-1366. PERSONAL ELIGIBILITY CONDITIONS. The personal eligibility condi- 9 tions of a benefit claimant are that: 10 (1) The claimant shall have made a claim for benefits and provided all 11 necessary information pertinent to eligibility. 12 (2) The claimant shall have registered for work and thereafter reported 13 to a job service office or other agency in a manner prescribed by the direc- 14 tor. 15 (3) The claimant shall have met the minimum wage requirements in his base 16 period as provided in section 72-1367, Idaho Code. 17 (4) During the whole of any week with respect to which he claims benefits 18 or credit to his waiting period, the claimant was able to work, available for 19 suitable work, and seeking work; provided, however, that no claimant shall be 20 considered ineligible for failure to comply with the provisions of this sub- 21 section if: (i) such failure is due to an illness or disability which occurs 22 after he has filed a claim and during such illness or disability, the claimant 23 does not refuse or miss suitable work that would have provided wages greater 24 than one-half (1/2) of the claimant's weekly benefit amount; or (ii) the 25 claimant, because of compelling personal circumstance, is required to be 26 absent from his normal labor market area, provided that such absence does not 27 exceed a minor portion of the workweek. 28 (5) The claimant's unemployment is not due to the fact that he left his 29 employment voluntarily without good cause connected with his employment, or 30 that he was discharged for misconduct in connection with his employment. 31 (6) The claimant's unemployment is not due to his failure without good 32 cause to apply for available suitable work or to accept suitable work when 33 offered to him. The longer a claimant has been unemployed, the more willing he 34 must be to seek other types of work and accept work at a lower rate of pay. 35 (7) In determining whether or not work is suitable for an individual, the 36 degree of risk involved to his health, safety, morals, physical fitness, expe- 37 rience, training, past earnings, length of unemployment and prospects for 38 obtaining local employment in his customary occupation, the distance of the 39 work from his residence, and other pertinent factors shall be considered. No 40 employment shall be deemed suitable and benefits shall not be denied to any 41 otherwise eligible individual for refusing to accept new work or to hold him- 42 self available for work under any of the following conditions: 43 (a) If the vacancy of the position offered is due directly to a strike, 2 1 lockout, or other labor dispute; 2 (b) If the wages, hours, or other conditions of the work offered are 3 below those prevailing for similar work in the locality of the work 4 offered; 5 (c) If, as a condition of being employed, the individual would be 6 required to join a company union or to resign from or refrain from joining 7 any bona fide labor organization. 8 (8) No claimant who is otherwise eligible shall be denied benefits for 9 any week due to an inability to comply with the requirements contained in sub- 10 sections (4) and (6) of this section, if: 11 (a) The claimant is a participant in a program sponsored by title III of 12 the job training partnership act and attends a job training course under 13 that program; or 14 (b) The claimant attends a job training course authorized pursuant to the 15 provisions of section 236(a)(1) of the trade act of 1974 or the North 16 American free trade agreement implementation act. 17 (c) The claimant lacks skills to compete in the labor market and attends 18 a job training course with the approval of the director. The director may 19 approve job training courses that meet the following criteria: 20 (i) The purpose of the job training is to teach the claimant skills 21 that will enhance the claimant's opportunities for employment; and 22 (ii) The job training can be completed within one (1) year, except 23 that this requirement may be waived pursuant to rules that the direc- 24 tor may prescribe. 25 This subsection shall apply only if the claimant submits with each claim 26 report a written certification from the training facility that the claimant is 27 attending and satisfactorily completing the job training course, or demon- 28 strates good cause for failure to attend the job training. 29 (9) No claimant who is otherwise eligible shall be denied benefits under 30 subsection (5) of this section for leaving employment to attend job training 31 pursuant to subsection (8) of this section, provided that the claimant 32 obtained the employment after enrollment in or during scheduled breaks in the 33 job training course, or that the employment was not suitable. For purposes of 34 this subsection, the term "suitable employment" means work of a substantially 35 equal or higher skill level than the individual's past employment, and wages 36 for such work are not less than eighty percent (80%) of the average weekly 37 wage in the individual's past employment. 38 (10) A claimant shall not be eligible to receive benefits for any week 39 with respect to which it is found that his unemployment is due to a labor dis- 40 pute; provided, that this subsection shall not apply if it is shown that: 41 (a) The claimant is not participating, financing, aiding, abetting, or 42 directly interested in the labor dispute; and 43 (b) The claimant does not belong to a grade or class of workers with mem- 44 bers employed at the premises at which the labor dispute occurs, who are 45 participating in or directly interested in the dispute. 46 (11) A claimant shall not be entitled to benefits for any week with 47 respect to which or a part of which he has received or is seeking benefits 48 under an unemployment insurance law of another state or of the United States; 49 provided, that if the appropriate agency of such other state or of the United 50 States shall finally determine that he is not entitled to such unemployment 51 compensation or insurance benefits, he shall not by the provisions of this 52 subsection be denied benefits. For purposes of this section, a law of the 53 United States providing any payments of any type and in any amounts for 54 periods of unemployment due to involuntary unemployment shall be considered an 55 unemployment insurance law of the United States. 3 1 (12) A claimant shall not be entitled to benefits for a period of fifty- 2 two (52) weeks if it is determined that he has wilfully made a false statement 3 or wilfully failed to report a material fact in order to obtain benefits. The 4 period of disqualification shall commence the week the determination is 5 issued. The claimant shall also be ineligible for waiting week credit and 6 shall repay any sums received for a week in which the claimant made a false 7 statement or failed to report a material fact. 8 (13) A claimant shall not be entitled to benefits if his principal occupa- 9 tion is self-employment. 10 (14) A claimant who has been found ineligible for benefits under the pro- 11 visions of subsection (5), (6), (7) or (9) of this section shall reestablish 12 his eligibility by having obtained bona fide work and received wages therefor 13 in an amount of at least twelve (12) times his weekly benefit amount. 14 (15) Benefits based on service in employment defined in sections 72-1349A 15 and 72-1352(3), Idaho Code, shall be payable in the same amount, on the same 16 terms and subject to the same conditions as benefits payable on the basis of 17 other service subject to this act. 18 (a) If the services performed during one-half (1/2) or more of any con- 19 tract period by an individual for an educational institution as defined in 20 section 72-1322B, Idaho Code, are in an instructional, research, or prin- 21 cipal administrative capacity, all the services shall be deemed to be in 22 such capacity. 23 (b) If the services performed during less than one-half (1/2) of any con- 24 tract period by an individual for an educational institution are in an 25 instructional, research, or principal administrative capacity, none of the 26 service shall be deemed to be in such capacity. 27 (c) As used in this section, "contract period" means the entire period 28 for which the individual contracts to perform services, pursuant to the 29 terms of the contract. 30 (16) No claimant is eligible to receive benefits in two (2) successive 31 benefit years unless, after the beginning of the first benefit year during 32 which he received benefits, he performed service and earned an amount equal to 33 not less than six (6) times the weekly benefit amount established during the 34 first benefit year. 35 (17) (a) Benefits based on wages earned for services performed in an 36 instructional, research, or principal administrative capacity for an edu- 37 cational institution shall not be paid for any week of unemployment com- 38 mencing during the period between two (2) successive academic years, or 39 during a similar period between two (2) terms, whether or not successive, 40 or during a period of paid sabbatical leave provided for in the 41 individual's contract, to any individual who performs such services in the 42 first academic year (or term) and has a contract to perform services in 43 any such capacity for any educational institution in the second academic 44 year or term, or has been given reasonable assurance that such a contract 45 will be offered. 46 (b) Benefits based on wages earned for services performed in any other 47 capacity for an educational institution shall not be paid to any individ- 48 ual for any week which commences during a period between two (2) succes- 49 sive school years or terms if the individual performs such services in the 50 first school year or term, and there is a contract or reasonable assurance 51 that the individual will perform such services in the second school year 52 or term. If benefits are denied to any individual under this subparagraph 53 and the individual was not offered an opportunity to perform such services 54 for the educational institution for the second academic year or term, the 55 individual shall be entitled to a retroactive payment of benefits for each 4 1 week for which the individual filed a timely claim for benefits and for 2 which benefits were denied solely by reason of this clause. 3 (c) With respect to any services described in paragraphs (a) and (b) of 4 this subsection, benefits shall not be paid nor "waiting week" credit 5 given to an individual for wages earned for services for any week which 6 commences during an established and customary vacation period or holiday 7 recess if the individual performed the services in the period immediately 8 before the vacation period or holiday recess, and there is a reasonable 9 assurance the individual will perform such services in the period immedi- 10 ately following such vacation period or holiday recess. 11 (d) With respect to any services described in paragraphs (a) and (b) of 12 this subsection, benefits shall not be payable on the basis of services in 13 any capacities specified in paragraphs (a), (b) and (c) of this subsection 14 to any individual who performed such services in an educational institu- 15 tion while in the employ of an educational service agency. For purposes of 16 this paragraph the term "educational service agency" means a governmental 17 entity which is established and operated exclusively for the purpose of 18 providing such services to one (1) or more educational institutions. 19 (18) Benefits shall not be payable on the basis of services which substan- 20 tially consist of participating in sports or athletic events or training or 21 preparing to participate, for any week which commences during the period 22 between two (2) successive sport seasons (or similar periods) if the individ- 23 ual performed services in the first season (or similar period) and there is a 24 reasonable assurance that the individual will perform such services in the 25 later of such season (or similar period). 26 (19) (a) Benefits shall not be payable on the basis of services performed 27 by an alien unless the alien was lawfully admitted for permanent residence 28 at the time such services were performed, was lawfully present for pur- 29 poses of performing such services, or was permanently residing in the 30 United States under color of law at the time the services were performed 31 (including an alien who was lawfully present in the United States as a 32 result of the application of the provisions of sections 207 and 208 or 33 section 212(d)(5) of the immigration and nationality act). 34 (b) Any data or information required of individuals applying for benefits 35 to determine eligibility under this subsection shall be uniformly required 36 from all applicants for benefits. 37 (c) A decision to deny benefits under this subsection must be based on a 38 preponderance of the evidence. 39 (20) An individual who has been determined to be likely to exhaust regular 40 benefits and to need reemployment services pursuant to a profiling system 41 established by the director must participate in those reemployment services 42 unless: 43 (a) The individual has completed such services; or 44 (b) There is justifiable cause, as determined by the director, for the 45 claimant's failure to participate in such services. 46 (21) (a) A claimant: 47 (i) Who has been assigned to work for one (1) or more customers of 48 a staffing service; and 49 (ii) Who, at the time of hire by the staffing service, signed a 50 written notice informing him that completion or termination of an 51 assignment for a customer would not, of itself, terminate the employ- 52 ment relationship with the staffing service; 53 will not be considered unemployed upon completion or termination of an 54 assignment until such time as he contacts the staffing service to deter- 55 mine if further suitable work is available. If the claimant: 5 1 (A) Contacts the staffing service and refuses a suitable work 2 assignment that is offered to him at that time, he will be con- 3 sidered to have voluntarily quit that employment; or 4 (B) Contacts the staffing service and the service does not have 5 a suitable work assignment for him, he will be considered unem- 6 ployed due to a lack of work; or 7 (C) Accepts new employment without first contacting the 8 staffing service for additional work, he will be considered to 9 have voluntarily quit employment with the staffing service. 10 (b) For the purposes of this subsection, the term "staffing service" 11 means any person who assigns individuals to work for its customers and 12 includes, but is not limited to, professional employers, as defined in 13 chapter 24, title 44, Idaho Code, and the employers of temporary employees 14 as defined in section 44-2403(7), Idaho Code.
STATEMENT OF PURPOSE
RS08597
Idaho's unemployment insurance program is meant to benefit
individuals who are unemployed through no fault of their own.
Within the unemployment law statutes there are certain
criteria that an unemployed person must meet to be able to
qualify for unemployment benefits. These criterions are not
always applied to past employees of alternative staffing
services. As the stature of the alternative staffing service
industry has developed and emerged over the past several
years, it is essential that Idaho's unemployment law
recognize the industry's past employees as being subject to
the same eligibility standards as all other unemployed
persons.
This bill will codify and clarify that past employees of
alternative staffing services are subject to the exact same
eligibility criteria for unemployment benefits as all other
individuals. It will also place a burden on the staffing
service industry to provide written notice to job applicants
that they are obliged to continue to seek work with the
staffing service (their employer) until such time as they
chose to quit voluntarily, are terminated, or no additional
suitable work is available.
FISCAL IMPACT
There will be no negative fiscal impact on the General Fund.
The fiscal impact on the Employment Security Fund may be
positive, as it will reduce the number of incidents when
unemployment insurance benefits are paid to individuals who
are not eligible.
CONTACT
Name: Dawn Justice, VP Human Resources
Organization: Idaho Association of Commerce and Industry
Phone: 343-1849
Statement of Purpose/Fiscal Impact S1036