Senate File 2131 S-5080 Amend Senate File 2131 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 96.2, Code 2022, is amended to read as 4 follows: 5 96.2 Guide for interpretation. 6 As a guide to the interpretation and application of this 7 chapter , the public policy of this state is declared to be as 8 follows: Economic insecurity due to unemployment is a serious 9 menace to negatively impacts the health, morals, and welfare 10 of the people of this state Iowa . Involuntary unemployment 11 is therefore a subject of general interest and concern which 12 requires appropriate action by the legislature to prevent 13 its spread and to lighten its burden which now so often 14 falls with crushing force upon the unemployed worker and the 15 worker’s family. The achievement of social security requires 16 protection against this greatest hazard of our economic 17 life. This can be provided These undesirable consequences can 18 be reduced by encouraging employers to provide more stable 19 employment and by the systematic accumulation of funds during 20 periods of employment to provide benefits for periods of 21 unemployment , thus maintaining purchasing power and limiting 22 the serious social consequences of poor relief assistance. 23 The legislature, therefore, declares that in its considered 24 judgment the public good and the general welfare of the 25 citizens of this state require the enactment of this measure, 26 under the police powers of the state, for the compulsory 27 setting aside of unemployment reserves to be used for the 28 benefit of persons . This chapter provides for payment of 29 benefits to workers unemployed through no fault of their own. 30 The policy herein is intended to encourage stabilization in 31 employment, to provide for integrated employment and training 32 services in support of state economic development programs, and 33 to provide meaningful job training and employment opportunities 34 for the unemployed, underemployed, economically disadvantaged, 35 -1- SF 2131.3989 (2) 89 dg/rn 1/ 7 #1.

dislocated workers, and others with substantial barriers to 1 employment. To further this public policy, the state, through 2 its department of workforce development, will maintain close 3 coordination among all federal, state, and local agencies 4 whose missions affect the employment or employability of the 5 unemployed and underemployed. 6 Sec. 2. Section 96.3, subsection 5, paragraph a, Code 2022, 7 is amended to read as follows: 8 a. Duration of benefits. The maximum total amount of 9 benefits payable to an eligible individual during a benefit 10 year shall not exceed the total of the wage credits accrued to 11 the individual’s account during the individual’s base period, 12 or twenty-six sixteen times the individual’s weekly benefit 13 amount, whichever is the lesser. The director shall maintain 14 a separate account for each individual who earns wages in 15 insured work. The director shall compute wage credits for 16 each individual by crediting the individual’s account with 17 one-third of the wages for insured work paid to the individual 18 during the individual’s base period. However, the director 19 shall recompute wage credits for an individual who is laid 20 off due to the individual’s employer going out of business at 21 the factory, establishment, or other premises at which the 22 individual was last employed, by crediting the individual’s 23 account with one-half, instead of one-third, of the wages for 24 insured work paid to the individual during the individual’s 25 base period. Benefits paid to an eligible individual shall 26 be charged against the base period wage credits in the 27 individual’s account which have not been previously charged, 28 in the inverse chronological order as the wages on which the 29 wage credits are based were paid. However if the state “off” 30 indicator is in effect and if the individual is laid off due to 31 the individual’s employer going out of business at the factory, 32 establishment, or other premises at which the individual was 33 last employed, the maximum benefits payable shall be extended 34 to thirty-nine twenty-six times the individual’s weekly benefit 35 -2- SF 2131.3989 (2) 89 dg/rn 2/ 7

amount, but not to exceed the total of the wage credits accrued 1 to the individual’s account. 2 Sec. 3. Section 96.3, subsection 7, paragraph b, 3 subparagraph (1), subparagraph division (a), Code 2022, is 4 amended to read as follows: 5 (a) If the department determines that an overpayment 6 has been made, the charge for the overpayment against the 7 employer’s account shall be removed and the account shall 8 be credited with an amount equal to the overpayment from 9 the unemployment compensation trust fund and this credit 10 shall include both contributory and reimbursable employers, 11 notwithstanding section 96.8, subsection 5 . The employer shall 12 not be relieved of charges if benefits are paid because the 13 employer or an agent of the employer failed to respond timely 14 or adequately to the department’s request for information 15 relating to the payment of benefits. This prohibition 16 against relief of charges shall apply to both contributory and 17 reimbursable employers. If the department determines that an 18 employer’s failure to respond timely or adequately was through 19 no fault of the employer, the employer’s account shall not be 20 charged for the overpayment. 21 Sec. 4. Section 96.4, Code 2022, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 8. The individual has satisfied a single 24 one-week waiting period during the individual’s benefit year. 25 To satisfy the one-week waiting period, the individual, with 26 respect to the week in question, must otherwise be eligible 27 for benefits from this state, must not have received or have 28 payable benefits from this state, and must not be eligible for 29 benefits from another state. 30 Sec. 5. Section 96.5, subsection 2, Code 2022, is amended by 31 adding the following new paragraph: 32 NEW PARAGRAPH . d. For the purposes of this subsection, 33 “misconduct” means a deliberate act or omission by an 34 employee that constitutes a material breach of the duties 35 -3- SF 2131.3989 (2) 89 dg/rn 3/ 7

and obligations arising out of the employee’s contract of 1 employment. Misconduct is limited to conduct evincing such 2 willful or wanton disregard of an employer’s interest as 3 is found in deliberate violation or disregard of standards 4 of behavior which the employer has the right to expect of 5 employees, or in carelessness or negligence of such degree of 6 recurrence as to manifest equal culpability, wrongful intent 7 or evil design, or to show an intentional and substantial 8 disregard of the employer’s interests or of the employee’s 9 duties and obligations to the employer. Misconduct by an 10 individual includes but is not limited to all of the following: 11 (1) Falsification of the individual’s employment 12 application. 13 (2) Knowing violation of a reasonable and uniformly 14 enforced rule of an employer. 15 (3) Intentional damage of an employer’s property. 16 (4) Dishonesty to an employer with regard to the 17 individual’s employment. 18 (5) Consumption of alcohol, illegal or nonprescribed 19 prescription drugs, or an impairing substance in a manner 20 not directed by the manufacturer, or a combination of such 21 substances, on the employer’s premises in violation of the 22 employer’s employment policies. 23 (6) Reporting to work under the influence of alcohol, 24 illegal or nonprescribed prescription drugs, or an impairing 25 substance in an off-label manner, or a combination of such 26 substances, on the employer’s premises in violation of the 27 employer’s employment policies, unless the individual is 28 compelled to work by the employer outside of scheduled or 29 on-call working hours. 30 (7) Conduct that endangers the personal safety of the 31 individual, coworkers, or the general public. 32 (8) Incarceration for an act for which one could reasonably 33 expect to be incarcerated that results in missing work. 34 (9) Incarceration as a result of a misdemeanor or felony 35 -4- SF 2131.3989 (2) 89 dg/rn 4/ 7

conviction by a court of competent jurisdiction. 1 (10) Excessive unexcused tardiness or absenteeism. 2 (11) Falsification of any work-related report, task, or job 3 that could expose the employer or coworkers to legal liability 4 or sanction for violation of health or safety laws. 5 (12) Failure to maintain any license, registration, or 6 certification that is reasonably required by the employer or 7 by law, or that is a functional requirement to perform the 8 individual’s regular job duties, unless the failure is not 9 within the control of the individual. 10 (13) Conduct that is libelous or slanderous toward an 11 employer or an employee of the employer if such conduct is not 12 protected under state or federal law. 13 (14) Conduct creating or attempting to create dissention or 14 animus against the employer or a coworker if such conduct is 15 not protected under state or federal law. 16 (15) Theft of an employer or coworker’s funds or property. 17 (16) Misrepresentation of time worked or work carried out 18 that results in the individual receiving unearned wages or 19 unearned benefits. 20 Sec. 6. Section 96.5, subsection 3, paragraph a, 21 subparagraph (1), subparagraph divisions (a), (b), (c), and 22 (d), Code 2022, are amended to read as follows: 23 (a) One hundred percent, if the work is offered during the 24 first five weeks week of unemployment. 25 (b) Seventy-five Ninety percent, if the work is offered 26 during the sixth second through the twelfth third week of 27 unemployment. 28 (c) Seventy Eighty percent, if the work is offered during 29 the thirteenth fourth through the eighteenth fifth week of 30 unemployment. 31 (d) Sixty-five Seventy percent, if the work is offered 32 after during the eighteenth sixth through the eighth week of 33 unemployment. 34 Sec. 7. Section 96.5, subsection 3, paragraph a, 35 -5- SF 2131.3989 (2) 89 dg/rn 5/ 7

subparagraph (1), Code 2022, is amended by adding the following 1 new subparagraph division: 2 NEW SUBPARAGRAPH DIVISION . (e) Sixty percent, if the work 3 is offered after the eighth week of unemployment. 4 Sec. 8. Section 96.6, subsection 3, paragraph b, Code 2022, 5 is amended to read as follows: 6 b. Appeals from the initial determination shall be heard 7 by an administrative law judge employed by the department. 8 An administrative law judge’s decision may be appealed by 9 any party to the employment appeal board created in section 10 10A.601 . The decision of the appeal board is final agency 11 action and an appeal of the decision shall be made or directly 12 to the district court. 13 Sec. 9. Section 96.40, subsection 2, Code 2022, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . l. The reduction in work hours for employees 16 was not based on a work week exceeding forty hours. 17 Sec. 10. Section 96.40, Code 2022, is amended by adding the 18 following new subsections: 19 NEW SUBSECTION . 4A. Approval of a shared work plan shall 20 be revoked if the employer lays off any employee, whether the 21 employee is employed within an affected unit or not, while 22 participating in the shared work unemployment compensation 23 program. 24 NEW SUBSECTION . 12. A part-time employee shall be eligible 25 for shared work unemployment compensation program benefits, 26 provided that the employee meets all other requirements in this 27 section. > 28 ______________________________ DENNIS GUTH -6- SF 2131.3989 (2) 89 dg/rn 6/ 7