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
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