Complete Bill History



Senate File 2160     


                                          SENATE FILE       
                                          BY  COMMITTEE ON LABOR AND
                                              BUSINESS RELATIONS

                                          (SUCCESSOR TO SSB 3045)


       Passed Senate, Date               Passed House,  Date             
       Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                    Approved                            

                                         A BILL FOR

     1 An Act relating to employers' participation in unemployment
     2    insurance adjudications and unemployment insurance tax
     3      penalties, and providing an effective date.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     5 SF 2160
     6 ak/ml/12

PAG LIN



  1  1    Section 1.  Section 96.3, subsection 7, Code 2007, is
  1  2 amended to read as follows:
  1  3    7.  RECOVERY OF OVERPAYMENT OF BENEFITS.
  1  4    a.  If an individual receives benefits for which the
  1  5 individual is subsequently determined to be ineligible, even
  1  6 though the individual acts in good faith and is not otherwise
  1  7 at fault, the benefits shall be recovered.  The department in
  1  8 its discretion may recover the overpayment of benefits either
  1  9 by having a sum equal to the overpayment deducted from any
  1 10 future benefits payable to the individual or by having the
  1 11 individual pay to the department a sum equal to the
  1 12 overpayment.
  1 13    b.  (1) If the department determines that an overpayment
  1 14 has been made, the charge for the overpayment against the
  1 15 employer's account shall be removed and the account shall be
  1 16 credited with an amount equal to the overpayment from the
  1 17 unemployment compensation trust fund and this credit shall
  1 18 include both contributory and reimbursable employers,
  1 19 notwithstanding section 96.8, subsection 5.  However, provided
  1 20 the benefits were not received as the result of fraud or
  1 21 willful misrepresentation by the individual, benefits shall
  1 22 not be recovered from an individual if the employer did not
  1 23 participate in the initial determination to award benefits
  1 24 pursuant to section 96.6, subsection 2, and an overpayment
  1 25 occurred because of a subsequent reversal on appeal regarding
  1 26 the issue of the individual's separation from employment.  The
  1 27 employer shall not be charged with the benefits.
  1 28    (2)  An accounting firm, agent, unemployment insurance
  1 29 accounting firm, or other entity that represents an employer
  1 30 in unemployment claim matters and demonstrates a continuous
  1 31 pattern of failing to participate in the initial
  1 32 determinations to award benefits, as determined and defined by
  1 33 rule by the department, shall be denied permission by the
  1 34 department to represent any employers in unemployment
  1 35 insurance matters.  This subparagraph does not apply to
  2  1 attorneys or counselors admitted to practice in the courts of
  2  2 this state pursuant to section 602.10101.
  2  3    Sec. 2.  Section 96.14, subsection 2, paragraph d, Code
  2  4 Supplement 2007, is amended to read as follows:
  2  5    d.  A penalty shall not be less than ten dollars for the
  2  6 first delinquent report or the first insufficient report not
  2  7 made sufficient within thirty days after a request to do so.
  2  8 The penalty shall not be less than twenty=five dollars for the
  2  9 second delinquent or insufficient report, and not less than
  2 10 fifty thirty=five dollars for each delinquent or insufficient
  2 11 report thereafter, until four consecutive calendar quarters of
  2 12 reports are timely and sufficiently filed.  Interest,
  2 13 penalties, and cost shall be collected by the department in
  2 14 the same manner as provided by this chapter for contributions.
  2 15    Sec. 3.  Section 96.14, subsection 2, Code Supplement 2007,
  2 16 is amended by adding the following new paragraph:
  2 17    NEW PARAGRAPH.  ee.  If any tendered payment of any amount
  2 18 due in the form of a check, draft, or money order is not
  2 19 honored when presented to a financial institution, any costs
  2 20 assessed to the department by the financial institution and a
  2 21 fee of thirty dollars shall be assessed to the employer.
  2 22    Sec. 4.  Section 96.14, Code Supplement 2007, is amended by
  2 23 adding the following new subsection:
  2 24    NEW SUBSECTION.  17.  EMPLOYER SUBPOENA COST AND PENALTY.
  2 25 An employer who is served with a subpoena pursuant to section
  2 26 96.11, subsection 7, for the investigation of an employer
  2 27 liability issue, to complete audits, to secure reports, or to
  2 28 assess contributions shall pay all costs associated with the
  2 29 subpoena, including service fees and court costs.  The
  2 30 department shall penalize an employer in the amount of two
  2 31 hundred fifty dollars if that employer refused to honor a
  2 32 subpoena or negligently failed to honor a subpoena.  The cost
  2 33 of the subpoena and any penalty shall be collected in the
  2 34 manner provided in section 96.14, subsection 3.
  2 35    Sec. 5.  EFFECTIVE DATE.  The sections of this Act amending
  3  1 section 96.14 take effect January 1, 2009.
  3  2 SF 2160
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