Senate Study Bill 3031 SENATE FILE BY (PROPOSED COMMITTEE ON BUSINESS AND LABOR RELATIONS BILL BY CHAIRPERSON SCHUERER) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act concerning the definition of gross misconduct for purposes 2 of denying unemployment compensation benefits. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5639SC 80 5 ec/gg/14 PAG LIN 1 1 Section 1. Section 96.5, subsection 2, paragraph c, Code 1 2 2003, is amended to read as follows: 1 3 c. Gross misconduct is deemed to have occurred after a 1 4 claimant loses employment as a result of an act constituting 1 5 an indictable offense or any offense involving the selling of 1 6 tobacco or alcohol to a minor in connection with the 1 7 claimant's employment, provided the claimant is duly convicted 1 8 thereof or has signed a statement admitting the commission of 1 9 such an act. Determinations regarding a benefit claim may be 1 10 redetermined within five years from the effective date of the 1 11 claim. Any benefits paid to a claimant prior to a 1 12 determination that the claimant has lost employment as a 1 13 result of such act shall not be considered to have been 1 14 accepted by the claimant in good faith. 1 15 EXPLANATION 1 16 This bill expands the definition of gross misconduct for 1 17 purposes of denying unemployment compensation benefits to an 1 18 individual who has been discharged from employment for any 1 19 offense involving the selling of tobacco or alcohol to a minor 1 20 in connection with the individual's employment. Under current 1 21 law, gross misconduct only occurs if the individual commits an 1 22 indictable offense. Code section 801.4 defines an indictable 1 23 offense as any offense which is not a simple misdemeanor. 1 24 LSB 5639SC 80 1 25 ec/gg/14 1 26 1 27 1 28 1 29 1 30 1 31 1 32 1 33 1 34 1 35