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House committee postpones one Labor docket, adopts another after clarifications on childcare and work-availability language

2347328 · February 19, 2025
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Summary

The House Commerce and Human Resources Committee postponed the unemployment insurance benefits docket 0901302401 for further review and approved the unemployment insurance tax docket 0901352401 after the department clarified that key practices would not change.

The House Commerce and Human Resources Committee on Feb. 20 took separate actions on two Idaho Department of Labor rule dockets: it postponed consideration of docket 0901302401, which proposes changes to unemployment insurance benefits administration, and it approved docket 0901352401, covering unemployment insurance tax administration.

Director Janie Revere told the committee the benefits docket (0901302401) is part of a broader review to remove outdated language and rule text that duplicates state or federal law. Committee members focused on several deletions from the definition section, including language tied to childcare and "available for work" standards. Representative Egbert asked whether the elimination of a childcare-related sentence from the "available to work" definition meant that claimants would no longer need childcare to be eligible. "So am I understanding correctly that as part of the definition of available for work, they no longer need to have childcare available?" Egbert asked.

Josh McKenna, determinations administrator for the Idaho Department of Labor, replied: "No, that's not correct. An individual will still be required to have childcare to be eligible for benefits. The available for work section deals with all types of availability... Much of that section was moved to code, but it's to cover just their simple availability for accepting work." He added that some definitions were moved into federal code and the department provides a claims guide to claimants.

Representative Weber moved to hold docket 0901302401 until a time certain; the committee approved the hold by voice vote and specified the time certain as Thursday, Feb. 27.

On docket 0901352401 (unemployment insurance tax administration), Revere highlighted subsection 11.g, which describes when an employer's report replaces a department determination. She told the committee the department does not intend to change its practice of accepting corrected business reports without forcing a formal appeal. Because the department agreed to retain subsections 7(a) and (b) in the pending rule to avoid requiring businesses to file appeals before submitting corrected reports, the committee approved docket 0901352401 on a voice vote.

Why it matters: The actions affect how claimants' availability for work will be interpreted and how employers' corrected wage reports are handled when they contradict department estimates. Lawmakers repeatedly asked the department to make citation paths clearer when removing definitions from rule text so practitioners and claimants can find governing language in statute or federal regulation.

The committee did not instruct any immediate programmatic changes; both actions were procedural approvals tied to the department's ongoing rules review.