House File 2355 H-8230 Amend the amendment, H-8225, to House File 2355, as follows: 1 1. By striking page 1, line 3, through page 3, line 1, and 2 inserting: 3 << DIVISION I 4 UNEMPLOYMENT INSURANCE 5 Section 1. Section 96.2, Code 2022, is amended to read as 6 follows: 7 96.2 Guide for interpretation. 8 As a guide to the interpretation and application of this 9 chapter , the public policy of this state is declared to be as 10 follows: Economic insecurity due to unemployment is a serious 11 menace to negatively impacts the health, morals, and welfare 12 of the people of this state Iowa . Involuntary unemployment 13 is therefore a subject of general interest and concern which 14 requires appropriate action by the legislature to prevent 15 its spread and to lighten its burden which now so often 16 falls with crushing force upon the unemployed worker and the 17 worker’s family. The achievement of social security requires 18 protection against this greatest hazard of our economic 19 life. This can be provided These undesirable consequences can 20 be reduced by encouraging employers to provide more stable 21 employment and by the systematic accumulation of funds during 22 periods of employment to provide benefits for periods of 23 unemployment , thus maintaining purchasing power and limiting 24 the serious social consequences of poor relief assistance. 25 The legislature, therefore, declares that in its considered 26 judgment the public good and the general welfare of the 27 citizens of this state require the enactment of this measure, 28 under the police powers of the state, for the compulsory 29 setting aside of unemployment reserves to be used for the 30 benefit of persons . This chapter provides for payment of 31 benefits to workers unemployed through no fault of their own. 32 The policy herein is intended to encourage stabilization in 33 employment, to provide for integrated employment and training 34 services in support of state economic development programs, and 35 -1- H 8225.3981 (2) 89 dg/rn 1/ 5 #1.

to provide meaningful job training and employment opportunities 1 for the unemployed, underemployed, economically disadvantaged, 2 dislocated workers, and others with substantial barriers to 3 employment. To further this public policy, the state, through 4 its department of workforce development, will maintain close 5 coordination among all federal, state, and local agencies 6 whose missions affect the employment or employability of the 7 unemployed and underemployed. 8 Sec. ___. Section 96.3, subsection 5, paragraph a, Code 9 2022, is amended to read as follows: 10 a. Duration of benefits. The maximum total amount of 11 benefits payable to an eligible individual during a benefit 12 year shall not exceed the total of the wage credits accrued to 13 the individual’s account during the individual’s base period, 14 or twenty-six sixteen times the individual’s weekly benefit 15 amount, whichever is the lesser. The director shall maintain 16 a separate account for each individual who earns wages in 17 insured work. The director shall compute wage credits for 18 each individual by crediting the individual’s account with 19 one-third of the wages for insured work paid to the individual 20 during the individual’s base period. However, the director 21 shall recompute wage credits for an individual who is laid 22 off due to the individual’s employer going out of business at 23 the factory, establishment, or other premises at which the 24 individual was last employed, by crediting the individual’s 25 account with one-half, instead of one-third, of the wages for 26 insured work paid to the individual during the individual’s 27 base period. Benefits paid to an eligible individual shall 28 be charged against the base period wage credits in the 29 individual’s account which have not been previously charged, 30 in the inverse chronological order as the wages on which the 31 wage credits are based were paid. However if the state “off” 32 indicator is in effect and if the individual is laid off due to 33 the individual’s employer going out of business at the factory, 34 establishment, or other premises at which the individual was 35 -2- H 8225.3981 (2) 89 dg/rn 2/ 5

last employed, the maximum benefits payable shall be extended 1 to thirty-nine twenty-six times the individual’s weekly benefit 2 amount, but not to exceed the total of the wage credits accrued 3 to the individual’s account. >> 4 2. By striking page 3, line 3, through page 5, line 29, and 5 inserting: 6 << Sec. ___. Section 96.5, subsection 2, Code 2022, is 7 amended by adding the following new paragraph: 8 NEW PARAGRAPH . d. For the purposes of this subsection, 9 “misconduct” means a deliberate act or omission by an 10 employee that constitutes a material breach of the duties 11 and obligations arising out of the employee’s contract of 12 employment. Misconduct is limited to conduct evincing such 13 willful or wanton disregard of an employer’s interest as 14 is found in deliberate violation or disregard of standards 15 of behavior which the employer has the right to expect of 16 employees, or in carelessness or negligence of such degree of 17 recurrence as to manifest equal culpability, wrongful intent 18 or evil design, or to show an intentional and substantial 19 disregard of the employer’s interests or of the employee’s 20 duties and obligations to the employer. Misconduct by an 21 individual includes but is not limited to all of the following: 22 (1) Material falsification of the individual’s employment 23 application. 24 (2) Knowing violation of a reasonable and uniformly 25 enforced rule of an employer. 26 (3) Intentional damage of an employer’s property. 27 (4) Consumption of alcohol, illegal or nonprescribed 28 prescription drugs, or an impairing substance in a manner 29 not directed by the manufacturer, or a combination of such 30 substances, on the employer’s premises in violation of the 31 employer’s employment policies. 32 (5) Reporting to work under the influence of alcohol, 33 illegal or nonprescribed prescription drugs, or an impairing 34 substance in an off-label manner, or a combination of such 35 -3- H 8225.3981 (2) 89 dg/rn 3/ 5 #2.

substances, on the employer’s premises in violation of the 1 employer’s employment policies, unless the individual is 2 compelled to work by the employer outside of scheduled or 3 on-call working hours. 4 (6) Conduct that substantially and unjustifiably endangers 5 the personal safety of coworkers or the general public. 6 (7) Incarceration for an act for which one could reasonably 7 expect to be incarcerated that results in missing work. 8 (8) Incarceration as a result of a misdemeanor or felony 9 conviction by a court of competent jurisdiction. 10 (9) Excessive unexcused tardiness or absenteeism. 11 (10) Falsification of any work-related report, task, or job 12 that could expose the employer or coworkers to legal liability 13 or sanction for violation of health or safety laws. 14 (11) Failure to maintain any license, registration, or 15 certification that is reasonably required by the employer or 16 by law, or that is a functional requirement to perform the 17 individual’s regular job duties, unless the failure is not 18 within the control of the individual. 19 (12) Conduct that is libelous or slanderous toward an 20 employer or an employee of the employer if such conduct is not 21 protected under state or federal law. 22 (13) Theft of an employer or coworker’s funds or property. 23 (14) Intentional misrepresentation of time worked or work 24 carried out that results in the individual receiving unearned 25 wages or unearned benefits. 26 Sec. ___. Section 96.5, subsection 3, paragraph a, 27 subparagraph (1), subparagraph divisions (a), (b), (c), and 28 (d), Code 2022, are amended to read as follows: 29 (a) One hundred percent, if the work is offered during the 30 first five weeks week of unemployment. 31 (b) Seventy-five Ninety percent, if the work is offered 32 during the sixth second through the twelfth third week of 33 unemployment. 34 (c) Seventy Eighty percent, if the work is offered during 35 -4- H 8225.3981 (2) 89 dg/rn 4/ 5

the thirteenth fourth through the eighteenth fifth week of 1 unemployment. 2 (d) Sixty-five Seventy percent, if the work is offered 3 after during the eighteenth sixth through the eighth week of 4 unemployment. 5 Sec. ___. Section 96.5, subsection 3, paragraph a, 6 subparagraph (1), Code 2022, is amended by adding the following 7 new subparagraph division: 8 NEW SUBPARAGRAPH DIVISION . (e) Sixty percent, if the work 9 is offered after the eighth week of unemployment. 10 Sec. ___. Section 96.6, subsection 3, paragraph b, Code 11 2022, is amended to read as follows: 12 b. Appeals from the initial determination shall be heard 13 by an administrative law judge employed by the department. 14 An administrative law judge’s decision may be appealed by 15 any party to the employment appeal board created in section 16 10A.601 . The decision of the appeal board is final agency 17 action and an appeal of the decision shall be made or directly 18 to the district court. >> 19 3. By renumbering as necessary. 20 ______________________________ BOUSSELOT of Polk -5- H 8225.3981 (2) 89 dg/rn 5/ 5 #3.