HB26: (2nd New Title) relative to the definition of gross misconduct for purposes of unemployment compensation and relative to disqualification for unemployment benefits.

CHAPTER 254

HB 26-FN – FINAL VERSION

17Mar2011… 0917h

05/04/11 1581s

22June2011… 2380CofC

22June2011… 2531EBA

2011 SESSION

11-0004

09/01

HOUSE BILL 26-FN

AN ACT relative to the definition of gross misconduct for purposes of unemployment compensation and relative to disqualification for unemployment benefits.

SPONSORS: Rep. Kappler, Rock 2; Rep. C. Vita, Straf 3; Rep. Tucker, Rock 17; Rep. Willette, Hills 6; Rep. Greemore, Belk 3; Sen. Forrester, Dist 2; Sen. Carson, Dist 14; Sen. Barnes, Jr., Dist 17

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill clarifies the definition of gross misconduct for purposes of unemployment compensation, reduces the amount of a work-related theft resulting in the loss of wage credits, and disqualifies an unemployed individual who is discharged for single or multiple thefts in an amount greater than $100 but less than $250 from receiving unemployment benefits for 4 to 26 weeks.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Mar2011… 0917h

05/04/11 1581s

22June2011… 2380CofC

22June2011… 2531EBA

11-0004

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the definition of gross misconduct for purposes of unemployment compensation and relative to disqualification for unemployment benefits.

Be it Enacted by the Senate and House of Representatives in General Court convened:

254:1 Unemployment Compensation; Definition of Gross Misconduct. Amend RSA 282-A:35 to read as follows:

282-A:35 Gross Misconduct. An unemployed individual who has been discharged for arson, sabotage, felony, assault which causes bodily injury, criminal threatening, or [theft of] a single theft or multiple thefts in the aggregate of an amount equal to or greater than [$500] $250, where such conduct is connected with his or her work, shall suffer the loss of all wage credits earned prior to the date of such dismissal.

254:2 Unemployment Compensation; Disqualification for Benefits. Amend RSA 282-A:34 to read as follows:

282-A:34 Intoxication; Drugs; Theft.

I. An unemployed individual who has been discharged for intoxication or use of controlled drugs as defined in RSA 318-B:1, VI, of such degree and rate of occurrence as to seriously hamper or interfere with the individual's work, shall be disqualified for benefits. Such disqualification shall continue until a period of not less than 4 weeks nor more than 26 weeks from the date of discharge, as may be determined by the commissioner, has passed and until such individual has earned wages as provided in RSA 282-A:32, I.

II. An unemployed individual who has been discharged for a single theft or multiple thefts in the aggregate of an amount greater than $100 but less than $250, where such conduct is connected with his or her work, shall be disqualified for benefits. Such disqualification shall continue until a period of not less than 4 weeks nor more than 26 weeks from the date of discharge, as may be determined by the commissioner, has passed and until such individual has earned wages as provided in RSA 282-A:32, I.

254:3 Effective Date. This act shall take effect 60 days after its passage

Approved: July 13, 2011

Effective Date: September 11, 2011.