House File 2279 H-8136 Amend the amendment, H-8135, to House File 2279 as follows: 1 1. By striking page 1, line 1, through page 3, line 19, and 2 inserting: 3 < Amend House File 2279 as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < DIVISION I 7 UNEMPLOYMENT INSURANCE 8 Section 1. Section 96.2, Code 2022, is amended to read as 9 follows: 10 96.2 Guide for interpretation. 11 As a guide to the interpretation and application of this 12 chapter , the public policy of this state is declared to be as 13 follows: Economic insecurity due to unemployment is a serious 14 menace to negatively impacts the health, morals, and welfare 15 of the people of this state Iowa . Involuntary unemployment 16 is therefore a subject of general interest and concern which 17 requires appropriate action by the legislature to prevent 18 its spread and to lighten its burden which now so often 19 falls with crushing force upon the unemployed worker and the 20 worker’s family. The achievement of social security requires 21 protection against this greatest hazard of our economic 22 life. This can be provided These undesirable consequences can 23 be reduced by encouraging employers to provide more stable 24 employment and by the systematic accumulation of funds during 25 periods of employment to provide benefits for periods of 26 unemployment , thus maintaining purchasing power and limiting 27 the serious social consequences of poor relief assistance. 28 The legislature, therefore, declares that in its considered 29 judgment the public good and the general welfare of the 30 citizens of this state require the enactment of this measure, 31 under the police powers of the state, for the compulsory 32 setting aside of unemployment reserves to be used for the 33 benefit of persons . This chapter provides for payment of 34 benefits to workers unemployed through no fault of their own. 35 -1- LSB 9050XD.3653 (3) 89 dg/rn 1/ 13 #1.

The policy herein is intended to encourage stabilization in 1 employment, to provide for integrated employment and training 2 services in support of state economic development programs, and 3 to provide meaningful job training and employment opportunities 4 for the unemployed, underemployed, economically disadvantaged, 5 dislocated workers, and others with substantial barriers to 6 employment. To further this public policy, the state, through 7 its department of workforce development, will maintain close 8 coordination among all federal, state, and local agencies 9 whose missions affect the employment or employability of the 10 unemployed and underemployed. 11 Sec. 2. Section 96.3, subsection 5, paragraph a, Code 2022, 12 is amended to read as follows: 13 a. Duration of benefits. The maximum total amount of 14 benefits payable to an eligible individual during a benefit 15 year shall not exceed the total of the wage credits accrued to 16 the individual’s account during the individual’s base period, 17 or twenty-six sixteen times the individual’s weekly benefit 18 amount, whichever is the lesser. The director shall maintain 19 a separate account for each individual who earns wages in 20 insured work. The director shall compute wage credits for 21 each individual by crediting the individual’s account with 22 one-third of the wages for insured work paid to the individual 23 during the individual’s base period. However, the director 24 shall recompute wage credits for an individual who is laid 25 off due to the individual’s employer going out of business at 26 the factory, establishment, or other premises at which the 27 individual was last employed, by crediting the individual’s 28 account with one-half, instead of one-third, of the wages for 29 insured work paid to the individual during the individual’s 30 base period. Benefits paid to an eligible individual shall 31 be charged against the base period wage credits in the 32 individual’s account which have not been previously charged, 33 in the inverse chronological order as the wages on which the 34 wage credits are based were paid. However if the state “off” 35 -2- LSB 9050XD.3653 (3) 89 dg/rn 2/ 13

indicator is in effect and if the individual is laid off due to 1 the individual’s employer going out of business at the factory, 2 establishment, or other premises at which the individual was 3 last employed, the maximum benefits payable shall be extended 4 to thirty-nine twenty-six times the individual’s weekly benefit 5 amount, but not to exceed the total of the wage credits accrued 6 to the individual’s account. 7 Sec. 3. Section 96.4, Code 2022, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 8. The individual has satisfied a single 10 one-week waiting period during the individual’s benefit year. 11 To satisfy the one-week waiting period, the individual, with 12 respect to the week in question, must otherwise be eligible 13 for benefits from this state, must not have received or have 14 payable benefits from this state, and must not be eligible for 15 benefits from another state. 16 Sec. 4. Section 96.5, subsection 2, Code 2022, is amended by 17 adding the following new paragraph: 18 NEW PARAGRAPH . d. For the purposes of this subsection, 19 “misconduct” means a deliberate act or omission by an 20 employee that constitutes a material breach of the duties 21 and obligations arising out of the employee’s contract of 22 employment. Misconduct is limited to conduct evincing such 23 willful or wanton disregard of an employer’s interest as 24 is found in deliberate violation or disregard of standards 25 of behavior which the employer has the right to expect of 26 employees, or in carelessness or negligence of such degree of 27 recurrence as to manifest equal culpability, wrongful intent 28 or evil design, or to show an intentional and substantial 29 disregard of the employer’s interests or of the employee’s 30 duties and obligations to the employer. Misconduct by an 31 individual includes but is not limited to all of the following: 32 (1) Material falsification of the individual’s employment 33 application. 34 (2) Knowing violation of a reasonable and uniformly 35 -3- LSB 9050XD.3653 (3) 89 dg/rn 3/ 13

enforced rule of an employer. 1 (3) Intentional damage of an employer’s property. 2 (4) Consumption of alcohol, illegal or nonprescribed 3 prescription drugs, or an impairing substance in a manner 4 not directed by the manufacturer, or a combination of such 5 substances, on the employer’s premises in violation of the 6 employer’s employment policies. 7 (5) Reporting to work under the influence of alcohol, 8 illegal or nonprescribed prescription drugs, or an impairing 9 substance in an off-label manner, or a combination of such 10 substances, on the employer’s premises in violation of the 11 employer’s employment policies, unless the individual is 12 compelled to work by the employer outside of scheduled or 13 on-call working hours. 14 (6) Conduct that substantially and unjustifiably endangers 15 the personal safety of coworkers or the general public. 16 (7) Incarceration for an act for which one could reasonably 17 expect to be incarcerated that results in missing work. 18 (8) Incarceration as a result of a misdemeanor or felony 19 conviction by a court of competent jurisdiction. 20 (9) Excessive unexcused tardiness or absenteeism. 21 (10) Falsification of any work-related report, task, or job 22 that could expose the employer or coworkers to legal liability 23 or sanction for violation of health or safety laws. 24 (11) Failure to maintain any license, registration, or 25 certification that is reasonably required by the employer or 26 by law, or that is a functional requirement to perform the 27 individual’s regular job duties, unless the failure is not 28 within the control of the individual. 29 (12) Conduct that is libelous or slanderous toward an 30 employer or an employee of the employer if such conduct is not 31 protected under state or federal law. 32 (13) Conduct creating or attempting to create dissention or 33 animus against the employer or a coworker if such conduct is 34 not protected under state or federal law. 35 -4- LSB 9050XD.3653 (3) 89 dg/rn 4/ 13

(14) Theft of an employer or coworker’s funds or property. 1 (15) Intentional misrepresentation of time worked or work 2 carried out that results in the individual receiving unearned 3 wages or unearned benefits. 4 Sec. 5. Section 96.5, subsection 3, paragraph a, 5 subparagraph (1), subparagraph divisions (a), (b), (c), and 6 (d), Code 2022, are amended to read as follows: 7 (a) One hundred percent, if the work is offered during the 8 first five weeks week of unemployment. 9 (b) Seventy-five Ninety percent, if the work is offered 10 during the sixth second through the twelfth third week of 11 unemployment. 12 (c) Seventy Eighty percent, if the work is offered during 13 the thirteenth fourth through the eighteenth fifth week of 14 unemployment. 15 (d) Sixty-five Seventy percent, if the work is offered 16 after during the eighteenth sixth through the eighth week of 17 unemployment. 18 Sec. 6. Section 96.5, subsection 3, paragraph a, 19 subparagraph (1), Code 2022, is amended by adding the following 20 new subparagraph division: 21 NEW SUBPARAGRAPH DIVISION . (e) Sixty percent, if the work 22 is offered after the eighth week of unemployment. 23 Sec. 7. Section 96.6, subsection 3, paragraph b, Code 2022, 24 is amended to read as follows: 25 b. Appeals from the initial determination shall be heard 26 by an administrative law judge employed by the department. 27 An administrative law judge’s decision may be appealed by 28 any party to the employment appeal board created in section 29 10A.601 . The decision of the appeal board is final agency 30 action and an appeal of the decision shall be made or directly 31 to the district court. 32 DIVISION II 33 TORT LIABILITY 34 Sec. 8. Section 147.136A, subsection 1, Code 2022, is 35 -5- LSB 9050XD.3653 (3) 89 dg/rn 5/ 13

amended by adding the following new paragraph: 1 NEW PARAGRAPH . 0b. “Inflation” means the annual percentage 2 change in the United States department of labor bureau of labor 3 statistics consumer price index for all urban consumers for the 4 midwest region, all items, or its successor index. 5 Sec. 9. Section 147.136A, subsection 1, paragraph b, Code 6 2022, is amended to read as follows: 7 b. (1) “Noneconomic damages” means damages arising from 8 pain, suffering, inconvenience, physical impairment, mental 9 anguish, emotional pain and suffering, loss of chance, loss of 10 consortium, or any other nonpecuniary damages. 11 (2) “Noneconomic damages” does not include the loss of 12 dependent care, including the loss of child care, due to 13 the death of or severe injury to a spouse or parent who is 14 the primary caregiver of a child under the age of eighteen 15 or a disabled adult, and does not include the cost of full 16 or part-time child care. Such damages shall be considered 17 economic damages. 18 Sec. 10. Section 147.136A, subsection 2, Code 2022, is 19 amended to read as follows: 20 2. The total amount recoverable in any civil action for 21 noneconomic damages for personal injury or death, whether in 22 tort, contract, or otherwise, against a health care provider 23 shall be limited to two hundred fifty thousand dollars for any 24 occurrence resulting in injury or death of a patient regardless 25 of the number of plaintiffs, derivative claims, theories of 26 liability, or defendants in the civil action, shall not exceed 27 two hundred fifty thousand dollars unless the jury determines 28 that there is a substantial or permanent loss or impairment of 29 a bodily function, substantial disfigurement, or death, which 30 warrants a finding that imposition of such a limitation would 31 deprive the plaintiff of just compensation for the injuries 32 sustained , in which case the amount recoverable shall not 33 exceed one million dollars . 34 Sec. 11. Section 147.136A, Code 2022, is amended by adding 35 -6- LSB 9050XD.3653 (3) 89 dg/rn 6/ 13

the following new subsection: 1 NEW SUBSECTION . 4. a. The limitation on damages set 2 forth in subsection 2 shall be adjusted for inflation by the 3 secretary of state on January 1, 2026, and each January 1 of an 4 even-numbered year thereafter. 5 b. The secretary of state shall certify the adjusted 6 limitation on damages within fourteen days after the 7 appropriate information is available. 8 Sec. 12. NEW SECTION . 668.12A Liability for employee 9 negligence in actions involving commercial motor vehicles. 10 1. Subject to subsection 4, in a civil action involving the 11 operation of a commercial motor vehicle as defined in section 12 321.1, if an employer who is a defendant in the action complies 13 with subsection 2, the employer’s liability for damages caused 14 by the negligence of an employee operating a motor vehicle 15 within the course and scope of employment shall be based 16 solely on respondeat superior and not on the employer’s direct 17 negligence in hiring, training, supervising, or trusting the 18 employee. 19 2. On motion of an employer who is the defendant in a 20 civil action involving the operation of a commercial motor 21 vehicle, a trial court shall dismiss from the civil action 22 any claim of the employer’s direct negligence in hiring, 23 training, supervising, or trusting the employee, or other 24 claim of direct negligence on the part of the employer for the 25 employee’s harmful conduct, or other similar claims, if the 26 employer stipulates that at the time of the event that caused 27 the damages that are the subject of the civil action that the 28 person whose negligence is alleged to have caused the damages 29 was the employer’s employee and was acting within the course 30 and scope of employment with the employer. 31 3. If an employer makes the stipulations in subsection 2 32 with respect to an employee, and the employee’s negligence is 33 found to have caused or contributed to causing the damages, 34 the employer shall be adjudged liable solely on the basis of 35 -7- LSB 9050XD.3653 (3) 89 dg/rn 7/ 13

respondeat superior for all the resulting damages. 1 4. This section shall not apply if the civil action 2 involving a commercial motor vehicle arises from an incident 3 for which an employee is convicted under section 321J.2 or 4 found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. 5 §392.5. 6 5. As used in this section, unless the context requires 7 otherwise: 8 a. “Convicted” means convicted of an indictable offense and 9 includes a guilty plea or other finding of guilt by a court of 10 competent jurisdiction. 11 b. “Operation” or “operating” means actual physical control 12 of a commercial motor vehicle upon a highway as defined in 13 section 321.1. 14 Sec. 13. NEW SECTION . 668.15A Noneconomic damages —— 15 commercial motor vehicle owners or operators. 16 1. As used in this section: 17 a. “Commercial motor vehicle” means the same as defined in 18 section 321.1. 19 b. “Convicted” means convicted of an indictable offense and 20 includes a guilty plea or other finding of guilt by a court of 21 competent jurisdiction. 22 c. “Inflation” means the annual percentage change in the 23 United States department of labor bureau of labor statistics 24 consumer price Index for all urban consumers for the midwest 25 region, all items, or its successor index. 26 d. “Noneconomic damages” means damages arising from 27 pain, suffering, inconvenience, physical impairment, mental 28 anguish, emotional pain and suffering, loss of chance, loss of 29 consortium, or any other nonpecuniary damages. 30 e. “Occurrence” means the event, incident, or happening, 31 and the acts or omissions incident thereto, which proximately 32 caused injuries or damages for which recovery is claimed. 33 f. “Operation” or “operating” means actual physical control 34 of a commercial motor vehicle upon a highway as defined in 35 -8- LSB 9050XD.3653 (3) 89 dg/rn 8/ 13

section 321.1. 1 2. The total amount recoverable by each plaintiff in any 2 civil action involving the operation of a motor vehicle for 3 noneconomic damages for personal injury or death, whether in 4 tort, contract, or otherwise, against the owner or operator 5 of a commercial motor vehicle shall be limited to one million 6 dollars, regardless of the number of claims, theories of 7 liability, or defendants in the civil action. 8 3. This section shall not apply if the civil action 9 involving a commercial motor vehicle arises from an incident 10 for which an employee is convicted under section 321J.2 or 11 found to be in violation of 49 C.F.R. §392.4 or 49 C.F.R. 12 §392.5. 13 4. a. The limitation on damages set forth in subsection 2 14 shall be adjusted for Inflation by the secretary of state on 15 January 1, 2026, and each January 1 of an even-numbered year 16 thereafter. 17 b. The secretary of state shall certify the adjusted 18 limitation on damages within fourteen days after the 19 appropriate information is available. 20 Sec. 14. Section 668A.1, subsection 2, Code 2022, is amended 21 to read as follows: 22 2. An award for punitive or exemplary damages shall not be 23 made unless the answer or finding pursuant to subsection 1 , 24 paragraph “a” , is affirmative. If such answer or finding is 25 affirmative, the jury, or court if there is no jury, shall fix 26 the amount of punitive or exemplary damages to be awarded, and 27 such damages shall be ordered paid as follows: 28 a. If the answer or finding pursuant to subsection 1 , 29 paragraph “b” , is affirmative, or if the claim is against any 30 physician and surgeon, osteopathic physician and surgeon, 31 dentist, podiatric physician, optometrist, pharmacist, 32 chiropractor, physician assistant, or nurse, licensed under 33 chapter 147, or a hospital licensed under chapter 135B, arising 34 out of patient care, then the full amount of the punitive or 35 -9- LSB 9050XD.3653 (3) 89 dg/rn 9/ 13

exemplary damages awarded shall be paid to the claimant. 1 b. If the answer or finding pursuant to subsection 1 , 2 paragraph “b” , is negative, and if the claim is not against 3 any physician and surgeon, osteopathic physician and surgeon, 4 dentist, podiatric physician, optometrist, pharmacist, 5 chiropractor, physician assistant, or nurse, licensed under 6 chapter 147, or a hospital licensed under chapter 135B, arising 7 out of patient care, then after payment of all applicable 8 costs and fees, an amount not to exceed twenty-five percent 9 of the punitive or exemplary damages awarded may be ordered 10 paid to the claimant, with the remainder of the award to be 11 ordered paid into a civil reparations trust fund administered 12 by the state court administrator. Funds placed in the civil 13 reparations trust shall be under the control and supervision of 14 the executive council, and shall be disbursed only for purposes 15 of indigent civil litigation programs or insurance assistance 16 programs. 17 c. Notwithstanding paragraphs “a” and “b” , if the claim 18 involves the operation of a commercial motor vehicle, then the 19 full amount of the punitive or exemplary damages awarded shall 20 be paid to the claimant. 21 Sec. 15. Section 668A.1, Code 2022, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 2A. A claim for punitive or exemplary 24 damages shall not be included in any initial claim for relief. 25 A claim for punitive or exemplary damages may be allowed by 26 amendment to the pleadings only after the exchange of initial 27 disclosures pursuant to the Iowa rules of civil procedure and 28 after the plaintiff establishes prima facie proof of a triable 29 issue. After the plaintiff establishes the existence of a 30 triable issue, the court may, in its discretion and subject 31 to subsection 3, allow discovery on the issue of punitive or 32 exemplary damages as the court deems appropriate. 33 DIVISION III 34 COVID-19 —— PROOF OF VACCINATION —— IMMUNIZATION STATUS 35 -10- LSB 9050XD.3653 (3) 89 dg/rn 10/ 13

Sec. 16. Section 27C.2, Code 2022, is amended to read as 1 follows: 2 27C.2 Proof COVID-19 proof of vaccination —— immunization 3 status —— denial of state grants or contracts —— penalties . 4 1. Notwithstanding any provision of law to the contrary, 5 a business , educational institution, or governmental entity 6 shall not require a customer, patron, client, patient, or 7 other person who is invited onto the premises of the business 8 or governmental entity to furnish proof of having received a 9 vaccination for COVID-19 , as defined in section 686D.2 , prior 10 to entering onto the premises of the business , educational 11 institution, or governmental entity. This section does not 12 prohibit a business or governmental entity from implementing 13 a COVID-19 screening protocol that does not require proof of 14 vaccination for COVID-19. 15 2. A business, educational institution, employer, or 16 governmental entity shall not do any of the following: 17 a. Refuse, withhold from, or deny to a person any 18 services, goods, facilities, advantages, privileges, access, 19 transportation or freedom of movement, licensing, educational 20 opportunities, or access to medical care, based on the person’s 21 COVID-19 immunization status. 22 b. Except when federal law otherwise requires, exclude, 23 segregate, refuse to serve, require a mask or other facial 24 covering, require testing, or otherwise discriminate against a 25 person, based on the person’s COVID-19 immunization status. 26 2. 3. Notwithstanding any provision of law to the contrary, 27 grants or contracts funded by state revenue shall not be 28 awarded to or renewed with respect to a business , educational 29 institution, or governmental entity that violates subsection 1 30 on or after May 20, 2021. 31 4. Except when federal law otherwise requires immunization 32 against COVID-19 related to employment, an employer discharges 33 an employee based on the employee’s COVID-19 immunization 34 status, the discharged individual files a claim for benefits 35 -11- LSB 9050XD.3653 (3) 89 dg/rn 11/ 13

pursuant to section 96.6, and the department of workforce 1 development determines the discharged individual was discharged 2 based upon the discharged individual’s COVID-19 immunization 3 status in violation of this section, the employer shall pay a 4 fine of fifty thousand dollars to the department of workforce 5 development. Upon receipt of the fine, the department of 6 workforce development shall award twenty-five thousand dollars 7 to the discharged individual and shall retain twenty-five 8 thousand dollars as repayment receipts as defined in section 9 8.2. Notwithstanding section 8.33, moneys retained by the 10 department of workforce development pursuant to this section 11 are not subject to reversion to the general fund of the state. 12 3. 5. For the purposes of this section : 13 a. “Business” means a retailer required to obtain a 14 sales tax permit pursuant to chapter 423 , a nonprofit or 15 not-for-profit organization, or an establishment which is open 16 to the public at large or where entrance is limited by a cover 17 charge or membership requirement , but does not include a health 18 care facility as defined in section 686D.2 . 19 b. “COVID-19” means the same as defined in section 686D.2. 20 c. “Educational institution” includes any licensed child 21 care center as defined in section 237A.1, preschool, elementary 22 or secondary school, community college, area education agency, 23 or postsecondary college or university and their governing 24 boards. 25 d. “Employee” means an individual who is employed in 26 this state for wages by an employer. “Employee” includes an 27 applicant for employment. 28 e. “Employer” means a person, as defined in chapter 4, who 29 in this state employs for wages a natural person. 30 b. f. “Governmental entity” means the state or any 31 political subdivision of the state that owns, leases, or 32 operates buildings under the control of the state or a 33 political subdivision of the state , but does not include a 34 health care facility as defined in section 686D.2 . 35 -12- LSB 9050XD.3653 (3) 89 dg/rn 12/ 13

Sec. 17. CODE EDITOR DIRECTIVE. The Code editor shall 1 amend the title of chapter 27C, Code 2022, to read “PROOF OF 2 VACCINATION —— IMMUNIZATION STATUS —— COVID-19”. 3 Sec. 18. EFFECTIVE DATE. This division of this Act, being 4 deemed of immediate importance, takes effect upon enactment. > 5 2. Title page, by striking lines 1 and 2 and inserting 6 < An Act relating to matters under the purview of the state, 7 including unemployment benefits, civil torts, COVID-19 proof of 8 vaccination-immunization status, and including effective date 9 provisions. >> 10 ______________________________ BOUSSELOT of Polk -13- LSB 9050XD.3653 (3) 89 dg/rn 13/ 13 #2.