Iowa HF 2319: A bill for an act prohibiting counties and cities from providing guaranteed income programs, and including effective date provisions.

Bill Text

House
File
2319
-
Introduced

HOUSE
FILE
2319

BY
INGELS

A
BILL
FOR

An
Act
exempting
service
performed
for
certain
employers
from
1

eligibility
for
unemployment
insurance,
and
including
2

applicability
provisions.
3

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4

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2319

Section
1.
NEW
SECTION
.
96.37
Service
exempt
for
certain
1

employers.
2

1.
Service
performed
for
an
employer
shall
not
be
considered
3

employment,
as
defined
in
section
96.1A,
if
all
of
the
4

following
conditions
are
met:
5

a.
The
employer
certifies
to
the
department
in
a
manner
6

prescribed
by
the
department
that
all
owners
of
the
employing
7

unit
are
members
of
the
old
order
Amish
church
or
another
8

recognized
Amish
congregation,
and
that
the
employing
unit
and
9

its
owners
hold
sincere
religious
objections
to
participation
10

in
governmental
insurance
or
social
insurance
programs,
11

including
unemployment
insurance.
12

b.
The
employer
does
not
permit
any
employee
to
claim
13

or
receive
benefits
under
this
chapter
for
any
period
of
14

employment
covered
by
this
section.
15

c.
The
employer
obtains
from
each
employee
employed
on
or
16

hired
on
or
after
the
effective
date
of
this
Act
a
written
17

acknowledgment
stating
the
employee
understands
that
service
18

performed
for
the
employer
for
wages
is
not
considered
19

employment
for
purposes
of
unemployment
insurance
and
that
the
20

employee
will
not
be
eligible
to
receive
benefits
under
this
21

chapter
based
on
such
employment.
22

d.
The
employer
annually
submits
an
election
to
the
23

department
as
required
by
subsection
2
and
the
election
remains
24

in
effect.
25

2.
a.
This
section
shall
only
apply
to
an
employer
as
of
26

the
date
the
employer
files
an
election
with
the
department
27

in
a
manner
prescribed
by
the
department
and
the
department
28

accepts
the
election.
29

b.
An
election
under
this
section
shall
remain
in
effect

30

until
revoked
by
the
employer
or
terminated
by
the
department
31

for
failure
to
comply
with
the
requirements
of
this
section.
32

c.
Upon
revocation
or
termination
of
the
election,
service
33

performed
for
the
employer
shall
be
considered
employment,
as
34

defined
in
section
96.1A,
on
and
after
the
effective
date
of

35

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2319

the
revocation
or
termination.
1

3.
This
section
shall
not
be
construed
to
exempt
an
employer
2

from
any
requirement
of
federal
unemployment
insurance
law
or
3

any
other
tax
or
employment
obligation
imposed
under
state
or
4

federal
law.
5

4.
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
6

administer
this
section.
7

Sec.
2.
APPLICABILITY.
This
Act
applies
to
service
8

performed
for
an
employer
on
or
after
the
effective
date
of
9

this
Act.
10

EXPLANATION
11

The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12

the
explanation’s
substance
by
the
members
of
the
general
assembly.
13

This
bill
provides
that
service
performed
for
employers
14

is
not
considered
employment
for
purposes
of
eligibility
for
15

unemployment
benefits
(benefits)
if
specified
conditions
are
16

met.
17

The
employer
must
certify
to
the
department
of
workforce
18

development
(department)
that
all
owners
of
the
employing
unit
19

are
members
of
the
old
order
Amish
church
or
another
recognized
20

Amish
congregation.
The
employer
must
further
certify
to
21

the
department
that
the
employing
unit
and
its
owners
hold
22

sincere
religious
objections
to
participation
in
governmental
23

insurance
or
social
insurance
programs,
including
unemployment
24

insurance.
The
employer
must
not
permit
any
employee
to
claim
25

or
receive
benefits
for
any
period
of
employment
covered
by
26

the
bill.
The
employer
must
obtain
from
each
employee
a
27

written
acknowledgment
stating
the
employee
understands
that
28

service
performed
for
the
employer
for
wages
is
not
considered
29

employment
for
purposes
of
unemployment
insurance
and
that
the
30

employee
will
not
be
eligible
to
receive
benefits
based
on
31

such
employment.
Finally,
the
employer
must
annually
submit
32

an
election
to
the
department
and
the
election
must
remain
in
33

effect.

34

The
bill
shall
not
be
construed
to
exempt
an
employer
from
35

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H.F.
2319

any
requirement
of
federal
unemployment
insurance
law
or
any
1

other
tax
or
employment
obligation
imposed
under
state
or
2

federal
law.
3

The
bill
applies
to
service
performed
for
an
employer
on
or
4

after
the
effective
date
of
the
bill.
5

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