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Bill

HF 441

Duluth Entertainment and Convention Center capital improvement funding provided, bonds issued, and money appropriated.

2025-2026 Regular Session Introduced by Pete Johnson and 3 co-sponsors

Limits state liability for unemployment benefits to funds available in the Unemployment Compensation Fund, clarifying who pays if funds run short.

Introduction and first reading, referred to Capital Investment
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Bill Summary · HF 441

Summary — H.F. 441 (Iowa) — Employment Appeal Board; contested cases, judicial review, and liability

Status: Enacted (signed by Gov. Kim Reynolds on May 19, 2025)

Purpose
- Clarifies the functions, procedural rules, and liability exposure of the Employment Appeal Board (EAB), the Department of Inspections, Appeals, and Licensing (DIAL), and related entities in contested cases involving unemployment and other administrative matters; and adjusts related provisions governing judicial review and agency nonliability for unemployment benefits.

Key provisions and changes
- Statutory amendments
- Amends Iowa Code §10A.601 (subsecs. 1 and 7) to restate the creation and jurisdiction of a full‑time Employment Appeal Board within DIAL and to revise rehearing and judicial review procedures.
- Amends Iowa Code §17A.19 (subsec. 4, unnumbered paragraph) to adjust petition content/filing provisions applicable to review of EAB decisions.
- Amends Iowa Code §96.18 to clarify nonliability for unemployment benefits.

  • Judicial review and filings

    • Reiterates that petitions for judicial review of EAB decisions are filed under §17A.19.
    • Allows a petitioner to file in the district court of the county where the petitioner was last employed or currently resides (relaxing the residency requirement). If the petitioner does not reside in Iowa, the action may be brought in Polk County.
    • Requires the EAB to transmit the original or certified record of a contested case to the reviewing court within 60 days after filing of the petition (or longer if the court allows). This replaces or extends the prior 30‑day transmission timeframe.
    • Permits the EAB to certify legal questions to the court and gives petitions for judicial review precedence over other civil cases except workers’ compensation cases.
    • No bond required to appeal a district court judgment to the Iowa Supreme Court.
  • Representation

    • The EAB may be represented in judicial review by a regular salaried attorney of the board, an attorney designated by the board, or, at the board’s request, the Attorney General.
  • Liability for unemployment benefits

    • Clarifies that benefits are payable only to the extent provided by Code chapter 96 and only to the extent that moneys are available in the Unemployment Compensation Fund.
    • Explicitly states that the state, the Department (and DIAL), and the Employment Appeal Board shall not be liable for amounts in excess of sums available in the fund.

Who is affected
- Claimants appealing unemployment decisions and other contested administrative matters under the EAB’s jurisdiction (e.g., certain chapters listed in §10A.601).
- Employers and the Unemployment Compensation Fund (financial exposure and fund availability implications).
- The Employment Appeal Board, DIAL, the Attorney General’s office, district courts, and attorneys handling administrative appeals.
- Potentially reduces fiscal exposure of state agencies when unemployment fund monies are insufficient.

Procedural and timeline notes
- Enacted: Approved and signed by the Governor on May 19, 2025.
- Legislative process: Passed both chambers with recorded unanimous or near‑unanimous votes (House passage 96–0; Senate passage 45–0 listed in record). Companion bill: S.F. 331.
- Operational impact: Extends EAB’s time (to 60 days) to transmit records for judicial review, relaxes venue rules for petitioners, and establishes precedence for review petitions (except workers’ compensation), which may affect court scheduling and case flow.

Note on source
- The text summarized is Iowa House File 441 (2025 session), as enacted. (If you intended a different HF 441—e.g., a Minnesota bill concerning capital improvements for the Duluth Entertainment and Convention Center—please provide that document so I can prepare a separate summary.)

Compiled from official sources — confirm details with the bill’s official record.

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