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:
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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.
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