Senate
Amendment
to
House
File
531
H-1312
Amend
House
File
531,
as
passed
by
the
House,
as
follows:
1
1.
Page
1,
before
line
34
by
inserting:
2
<
Sec.
___.
Section
96.5,
subsection
2,
Code
2019,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
d.
For
purposes
of
this
subsection,
5
“misconduct”
means
a
deliberate
act
or
omission
by
an
6
employee
that
constitutes
a
material
breach
of
the
duties
7
and
obligations
arising
out
of
the
employee’s
contract
of
8
employment.
“Misconduct”
is
limited
to
conduct
evincing
such
9
willful
or
wanton
disregard
of
an
employer’s
interest
as
10
is
found
in
deliberate
violation
or
disregard
of
standards
11
of
behavior
which
the
employer
has
the
right
to
expect
of
12
employees,
or
in
carelessness
or
negligence
of
such
degree
of
13
recurrence
as
to
manifest
equal
culpability,
wrongful
intent
14
or
evil
design,
or
to
show
an
intentional
and
substantial
15
disregard
of
the
employer’s
interests
or
of
the
employee’s
16
duties
and
obligations
to
the
employer.
“Misconduct”
includes
17
but
is
not
limited
to
all
of
the
following:
18
(1)
Falsification
by
the
individual
of
an
employment
19
application
to
obtain
employment.
20
(2)
Knowing
violation
by
the
individual
of
a
reasonable
and
21
uniformly
enforced
rule
of
an
employer.
22
(3)
Damage
of
the
employer’s
property
through
intentional
23
conduct
by
the
individual.
24
(4)
Dishonesty
with
the
employer
by
the
individual
in
25
relation
to
the
individual’s
employment.
26
(5)
Consumption
by
the
individual
of
alcohol,
illegal
or
27
nonprescribed
prescription
drugs,
or
an
impairing
substance
28
in
an
off-label
manner,
or
a
combination
of
such
substances,
29
on
the
employer’s
premises
in
violation
of
the
employer’s
30
employment
policies.
31
(6)
Reporting
to
work
under
the
influence
of
alcohol,
32
illegal
or
nonprescribed
prescription
drugs,
or
an
impairing
33
substance
used
in
an
off-label
manner,
or
a
combination
of
such
34
substances,
in
violation
of
the
employer’s
employment
policies,
35
-1-
HF531.2464.S
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88
mb
1/
3
#1.
unless
the
individual
is
compelled
to
report
to
work
by
the
1
employer
outside
of
scheduled
or
on-call
working
hours.
2
(7)
Conduct
by
the
individual
that
endangers
the
personal
3
safety
of
the
individual,
coworkers,
or
the
general
public.
4
(8)
Incarceration
of
the
individual
that
results
in
missing
5
work
for
an
act
for
which
one
could
reasonably
expect
to
be
6
incarcerated.
7
(9)
Incarceration
of
the
individual
following
conviction
of
8
a
misdemeanor
or
felony
by
a
court
of
competent
jurisdiction.
9
(10)
Excessive
unexcused
tardiness
or
absenteeism.
10
(11)
Falsification
by
the
individual
of
any
work-related
11
report,
task,
or
job
that
could
expose
the
employer
or
12
coworkers
to
legal
liability
or
sanction
for
violation
of
13
health
or
safety
laws.
14
(12)
Failure
by
the
individual
to
maintain
any
license,
15
registration,
or
certification
that
is
reasonably
required
by
16
the
employer,
that
is
required
by
law,
or
that
is
a
functional
17
requirement
to
perform
the
individual’s
regular
job
duties,
18
unless
the
failure
is
not
within
the
control
of
the
individual.
19
(13)
Conduct
by
the
individual
that
is
libelous
or
20
slanderous
toward
the
employer
or
an
employee
of
the
employer
21
if
such
conduct
is
not
protected
under
state
or
federal
law.
22
(14)
Conduct
by
the
individual
creating
or
attempting
to
23
create
dissention
or
animus
against
the
employer
or
a
coworker
24
if
such
conduct
is
not
protected
under
state
or
federal
law.
25
(15)
Theft
of
funds
or
property
of
the
employer
or
a
26
coworker
by
the
individual.
27
(16)
Misrepresentation
by
the
individual
of
time
worked
28
or
work
carried
out
that
results
in
the
individual
receiving
29
unearned
wages
or
unearned
benefits.
>
30
2.
Page
3,
before
line
5
by
inserting:
31
<
Sec.
___.
Section
96.11,
Code
2019,
is
amended
by
adding
32
the
following
new
subsection:
33
NEW
SUBSECTION
.
17.
Electronic
notifications
for
weekly
34
claims.
The
department
shall
provide
an
individual
submitting
35
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HF531.2464.S
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88
mb
2/
3
#2.
a
claim
for
benefits
with
an
electronic
confirmation
that
the
1
claim
was
successfully
submitted.
The
confirmation
shall
2
include
a
confirmation
number
for
the
claim
and
shall
be
3
provided
for
each
weekly
claim.
Such
confirmation
shall
not
be
4
considered
an
acknowledgment
that
a
claim
is
valid.
>
5
3.
Page
3,
by
striking
lines
30
and
31
and
inserting:
6
<
Sec.
___.
Section
96.40,
subsection
2,
paragraph
e,
Code
7
2019,
is
amended
to
read
as
follows:
>
8
4.
By
striking
page
3,
line
35,
through
page
4,
line
2.
9
5.
Page
4,
by
striking
lines
3
through
7.
10
6.
Page
5,
line
6,
by
striking
<
paragraphs
“e”
and
“i”
>
and
11
inserting
<
paragraph
“e”
>
12
7.
Page
5,
by
striking
lines
7
and
8.
13
8.
Page
5,
after
line
12
by
inserting:
14
<
3.
The
following
apply
to
any
new
claim
for
unemployment
15
benefits
with
an
effective
date
on
or
after
January
5,
2020:
16
a.
The
section
of
this
Act
amending
section
96.11.
>
17
9.
By
renumbering
as
necessary.
18
-3-
HF531.2464.S
(1)
88
mb
3/
3
#3.
#4.
#5.
#6.
#7.
#8.