2000 Legislation
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HOUSE BILL NO. 393 – Unemployment benefits, denied, when


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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
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 393
                                       BY MR. SPEAKER
                          Requested by: Idaho Department of Labor
  1                                        AN ACT
  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
  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 III of
 15        the job training partnership workforce 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
  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 has wilfully willfully made a false
  6    statement  or  wilfully willfully 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
  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-
  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 / Fiscal Impact

                          STATEMENT  OF  PURPOSE
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
                         FISCAL  IMPACT
Neither amendment will impact the State's General Fund or the
Unemployment Insurance Trust Fund.

Name:     Dwight Johnson 
Agency:   Department of Labor
Phone:         334-6402
Statement of Purpose/Fiscal Impact                                    H0393