House
File
2355
H-8225
Amend
House
File
2355
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
Section
1.
Section
96.2,
Code
2022,
is
amended
to
read
as
3
follows:
4
96.2
Guide
for
interpretation.
5
As
a
guide
to
the
interpretation
and
application
of
this
6
chapter
,
the
public
policy
of
this
state
is
declared
to
be
as
7
follows:
Economic
insecurity
due
to
unemployment
is
a
serious
8
menace
to
negatively
impacts
the
health,
morals,
and
welfare
9
of
the
people
of
this
state
Iowa
.
Involuntary
unemployment
10
is
therefore
a
subject
of
general
interest
and
concern
which
11
requires
appropriate
action
by
the
legislature
to
prevent
12
its
spread
and
to
lighten
its
burden
which
now
so
often
13
falls
with
crushing
force
upon
the
unemployed
worker
and
the
14
worker’s
family.
The
achievement
of
social
security
requires
15
protection
against
this
greatest
hazard
of
our
economic
16
life.
This
can
be
provided
These
undesirable
consequences
can
17
be
reduced
by
encouraging
employers
to
provide
more
stable
18
employment
and
by
the
systematic
accumulation
of
funds
during
19
periods
of
employment
to
provide
benefits
for
periods
of
20
unemployment
,
thus
maintaining
purchasing
power
and
limiting
21
the
serious
social
consequences
of
poor
relief
assistance.
22
The
legislature,
therefore,
declares
that
in
its
considered
23
judgment
the
public
good
and
the
general
welfare
of
the
24
citizens
of
this
state
require
the
enactment
of
this
measure,
25
under
the
police
powers
of
the
state,
for
the
compulsory
26
setting
aside
of
unemployment
reserves
to
be
used
for
the
27
benefit
of
persons
.
This
chapter
provides
for
payment
of
28
benefits
to
workers
unemployed
through
no
fault
of
their
own.
29
The
policy
herein
is
intended
to
encourage
stabilization
in
30
employment,
to
provide
for
integrated
employment
and
training
31
services
in
support
of
state
economic
development
programs,
and
32
to
provide
meaningful
job
training
and
employment
opportunities
33
for
the
unemployed,
underemployed,
economically
disadvantaged,
34
dislocated
workers,
and
others
with
substantial
barriers
to
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#1.
employment.
To
further
this
public
policy,
the
state,
through
1
its
department
of
workforce
development,
will
maintain
close
2
coordination
among
all
federal,
state,
and
local
agencies
3
whose
missions
affect
the
employment
or
employability
of
the
4
unemployed
and
underemployed.
5
Sec.
2.
Section
96.3,
subsection
5,
paragraph
a,
Code
2022,
6
is
amended
to
read
as
follows:
7
a.
Duration
of
benefits.
The
maximum
total
amount
of
8
benefits
payable
to
an
eligible
individual
during
a
benefit
9
year
shall
not
exceed
the
total
of
the
wage
credits
accrued
to
10
the
individual’s
account
during
the
individual’s
base
period,
11
or
twenty-six
sixteen
times
the
individual’s
weekly
benefit
12
amount,
whichever
is
the
lesser.
The
director
shall
maintain
13
a
separate
account
for
each
individual
who
earns
wages
in
14
insured
work.
The
director
shall
compute
wage
credits
for
15
each
individual
by
crediting
the
individual’s
account
with
16
one-third
of
the
wages
for
insured
work
paid
to
the
individual
17
during
the
individual’s
base
period.
However,
the
director
18
shall
recompute
wage
credits
for
an
individual
who
is
laid
19
off
due
to
the
individual’s
employer
going
out
of
business
at
20
the
factory,
establishment,
or
other
premises
at
which
the
21
individual
was
last
employed,
by
crediting
the
individual’s
22
account
with
one-half,
instead
of
one-third,
of
the
wages
for
23
insured
work
paid
to
the
individual
during
the
individual’s
24
base
period.
Benefits
paid
to
an
eligible
individual
shall
25
be
charged
against
the
base
period
wage
credits
in
the
26
individual’s
account
which
have
not
been
previously
charged,
27
in
the
inverse
chronological
order
as
the
wages
on
which
the
28
wage
credits
are
based
were
paid.
However
if
the
state
“off”
29
indicator
is
in
effect
and
if
the
individual
is
laid
off
due
to
30
the
individual’s
employer
going
out
of
business
at
the
factory,
31
establishment,
or
other
premises
at
which
the
individual
was
32
last
employed,
the
maximum
benefits
payable
shall
be
extended
33
to
thirty-nine
twenty-six
times
the
individual’s
weekly
benefit
34
amount,
but
not
to
exceed
the
total
of
the
wage
credits
accrued
35
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to
the
individual’s
account.
>
1
2.
Page
1,
after
line
19
by
inserting:
2
<
Sec.
___.
Section
96.4,
Code
2022,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
8.
The
individual
has
satisfied
a
single
5
one-week
waiting
period
during
the
individual’s
benefit
year.
6
To
satisfy
the
one-week
waiting
period,
the
individual,
with
7
respect
to
the
week
in
question,
must
otherwise
be
eligible
8
for
benefits
from
this
state,
must
not
have
received
or
have
9
payable
benefits
from
this
state,
and
must
not
be
eligible
for
10
benefits
from
another
state.
11
Sec.
___.
Section
96.5,
subsection
2,
Code
2022,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
d.
For
the
purposes
of
this
subsection,
14
“misconduct”
means
a
deliberate
act
or
omission
by
an
15
employee
that
constitutes
a
material
breach
of
the
duties
16
and
obligations
arising
out
of
the
employee’s
contract
of
17
employment.
Misconduct
is
limited
to
conduct
evincing
such
18
willful
or
wanton
disregard
of
an
employer’s
interest
as
19
is
found
in
deliberate
violation
or
disregard
of
standards
20
of
behavior
which
the
employer
has
the
right
to
expect
of
21
employees,
or
in
carelessness
or
negligence
of
such
degree
of
22
recurrence
as
to
manifest
equal
culpability,
wrongful
intent
23
or
evil
design,
or
to
show
an
intentional
and
substantial
24
disregard
of
the
employer’s
interests
or
of
the
employee’s
25
duties
and
obligations
to
the
employer.
Misconduct
by
an
26
individual
includes
but
is
not
limited
to
all
of
the
following:
27
(1)
Falsification
of
the
individual’s
employment
28
application.
29
(2)
Knowing
violation
of
a
reasonable
and
uniformly
30
enforced
rule
of
an
employer.
31
(3)
Intentional
damage
of
an
employer’s
property.
32
(4)
Dishonesty
to
an
employer
with
regard
to
the
33
individual’s
employment.
34
(5)
Consumption
of
alcohol,
illegal
or
nonprescribed
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prescription
drugs,
or
an
impairing
substance
in
a
manner
1
not
directed
by
the
manufacturer,
or
a
combination
of
such
2
substances,
on
the
employer’s
premises
in
violation
of
the
3
employer’s
employment
policies.
4
(6)
Reporting
to
work
under
the
influence
of
alcohol,
5
illegal
or
nonprescribed
prescription
drugs,
or
an
impairing
6
substance
in
an
off-label
manner,
or
a
combination
of
such
7
substances,
on
the
employer’s
premises
in
violation
of
the
8
employer’s
employment
policies,
unless
the
individual
is
9
compelled
to
work
by
the
employer
outside
of
scheduled
or
10
on-call
working
hours.
11
(7)
Conduct
that
endangers
the
personal
safety
of
the
12
individual,
coworkers,
or
the
general
public.
13
(8)
Incarceration
for
an
act
for
which
one
could
reasonably
14
expect
to
be
incarcerated
that
results
in
missing
work.
15
(9)
Incarceration
as
a
result
of
a
misdemeanor
or
felony
16
conviction
by
a
court
of
competent
jurisdiction.
17
(10)
Excessive
unexcused
tardiness
or
absenteeism.
18
(11)
Falsification
of
any
work-related
report,
task,
or
job
19
that
could
expose
the
employer
or
coworkers
to
legal
liability
20
or
sanction
for
violation
of
health
or
safety
laws.
21
(12)
Failure
to
maintain
any
license,
registration,
or
22
certification
that
is
reasonably
required
by
the
employer
or
23
by
law,
or
that
is
a
functional
requirement
to
perform
the
24
individual’s
regular
job
duties,
unless
the
failure
is
not
25
within
the
control
of
the
individual.
26
(13)
Conduct
that
is
libelous
or
slanderous
toward
an
27
employer
or
an
employee
of
the
employer
if
such
conduct
is
not
28
protected
under
state
or
federal
law.
29
(14)
Conduct
creating
or
attempting
to
create
dissention
or
30
animus
against
the
employer
or
a
coworker
if
such
conduct
is
31
not
protected
under
state
or
federal
law.
32
(15)
Theft
of
an
employer
or
coworker’s
funds
or
property.
33
(16)
Misrepresentation
of
time
worked
or
work
carried
out
34
that
results
in
the
individual
receiving
unearned
wages
or
35
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unearned
benefits.
1
Sec.
___.
Section
96.5,
subsection
3,
paragraph
a,
2
subparagraph
(1),
subparagraph
divisions
(a),
(b),
(c),
and
3
(d),
Code
2022,
are
amended
to
read
as
follows:
4
(a)
One
hundred
percent,
if
the
work
is
offered
during
the
5
first
five
weeks
week
of
unemployment.
6
(b)
Seventy-five
Ninety
percent,
if
the
work
is
offered
7
during
the
sixth
second
through
the
twelfth
third
week
of
8
unemployment.
9
(c)
Seventy
Eighty
percent,
if
the
work
is
offered
during
10
the
thirteenth
fourth
through
the
eighteenth
fifth
week
of
11
unemployment.
12
(d)
Sixty-five
Seventy
percent,
if
the
work
is
offered
13
after
during
the
eighteenth
sixth
through
the
eighth
week
of
14
unemployment.
15
Sec.
___.
Section
96.5,
subsection
3,
paragraph
a,
16
subparagraph
(1),
Code
2022,
is
amended
by
adding
the
following
17
new
subparagraph
division:
18
NEW
SUBPARAGRAPH
DIVISION
.
(e)
Sixty
percent,
if
the
work
19
is
offered
after
the
eighth
week
of
unemployment.
20
Sec.
___.
Section
96.6,
subsection
3,
paragraph
b,
Code
21
2022,
is
amended
to
read
as
follows:
22
b.
Appeals
from
the
initial
determination
shall
be
heard
23
by
an
administrative
law
judge
employed
by
the
department.
24
An
administrative
law
judge’s
decision
may
be
appealed
by
25
any
party
to
the
employment
appeal
board
created
in
section
26
10A.601
.
The
decision
of
the
appeal
board
is
final
agency
27
action
and
an
appeal
of
the
decision
shall
be
made
or
directly
28
to
the
district
court.
>
29
3.
By
renumbering
as
necessary.
30
______________________________
BOUSSELOT
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