Amendments to State Unemployment Insurance Laws

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Amendments to State Unemployment Insurance Laws

U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D.C. 20210

REPORT ON STATE LEGISLATION

REPORT NO. 1
July 2005

DISTRICT OF COLUMBIA	B 578 (L.N. 15-325)	ENACTED December 29, 2004 EFFECTIVE April 12, 2005
Monetary Entitlement
Increases the maximum weekly benefit amount from $309 to $359, effective for benefit years commencing on or after April 12, 2005.

DISTRICT OF COLUMBIA	B 71 (A.N. 21)	ENACTED and EFFECTIVE February 18, 2005
Financing
Appropriates $7.241 million from Reed Act monies for the administration of the unemployment compensation and employment service programs, applicable as of January 30, 2005.

GEORGIA	HB 404 (CH 49)	ENACTED and EFFECTIVE April 21, 2005
Financing
Noncharges an employer's account for any benefits paid out to the person who leaves to accompany a spouse reassigned from one military assignment to another.
Nonmonetary Eligibility
Provides that leaving an employer to accompany a spouse reassigned from one military assignment to another will be deemed voluntarily leaving for good cause.

IDAHO	HB 02 (CH 12)	ENACTED and EFFECTIVE February 18, 2005
Financing
Amends state law to include SUTA dumping prevention provisions which: mandate transfer of experience from one employer to another when there is substantially common ownership, management, or control; apply to both total and partial transfers; prohibit transfer of experience if a person becomes an employer by acquiring an existing business and if the purpose of the acquisition is to obtain a lower contribution rate; apply to persons, who prior to the acquisition of the business, (a) had no employees and (b) had some employees but not enough to be an employer for state law purposes; provide meaningful civil and criminal penalties for knowingly violating or attempting to violate the law's requirements, and for knowingly advising to violate the law; and establish procedures to identify the transfer or acquisition of a business for purposes of the law.

ILLINOIS	SB 1994 (P.A. 93-1088)	ENACTED and EFFECTIVE March 7, 2005
Nonmonetary Eligibility
Modifies the criteria used in determining whether a locked out employee is eligible for benefits.

IOWA	HB 764	ENACTED and EFFECTIVE May 3, 2006
Financing
Amends state law to include SUTA dumping prevention provisions which: mandate transfer of experience from one employer to another when there is substantially common ownership, management, or control; apply to both total and partial transfers; prohibit transfer of experience if a person becomes an employer by acquiring an existing business and if the purpose of the acquisition is to obtain a lower contribution rate; apply to persons, who prior to the acquisition of the business, (a) had no employees and (b) had some employees but not enough to be an employer for state law purposes; provide meaningful civil and criminal penalties for knowingly violating or attempting to violate the law's requirements, and for knowingly advising to violate the law; and establish procedures to identify the transfer or acquisition of a business for purposes of the law.

MAINE	HB 983 (CH 119)	ENACTED and EFFECTIVE May 18, 2005
Coverage
Excludes from coverage service performed by an individual in the exercise of duties as an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000.

MAINE	SB 335 (CH 120)	ENACTED and EFFECTIVE May 18, 2005
Financing
Amends state law to include SUTA dumping prevention provisions which: mandate transfer of experience from one employer to another when there is substantially common ownership, management, or control; apply to both total and partial transfers; prohibit transfer of experience if a person becomes an employer by acquiring an existing business and if the purpose of the acquisition is to obtain a lower contribution rate; apply to persons, who prior to the acquisition of the business, (a) had no employees and (b) had some employees but not enough to be an employer for state law purposes; provide meaningful civil and criminal penalties for knowingly violating or attempting to violate the law's requirements, and for knowingly advising to violate the law; and establish procedures to identify the transfer or acquisition of a business for purposes of the law.

MAINE	HB 141 (CH 40)	ENACTED and EFFECTIVE April 1, 2005
Financing
Requires charging benefits paid against the General Fund instead of the last employer's experience rating record if the claimant was hired by the claimant's last employer to fill a position left open by an individual who left to enter active duty in the U.S. military, and the claimant's separation from this employer was because the employer restored the military serviceperson to the person's former employment upon separation from military service.

MAINE	SB 51 (CH 39)	ENACTED and EFFECTIVE April 1, 2005
Appeals
Allows an individual under the Maine Enterprise Option Program (1) to appeal to the Commission from a hearing officer's decision as long as the appealing party participated in the hearing and was notified in writing of the effect of the failure to participate prior to the hearing and (2) to appeal from the Commission's decision pursuant to the state law.

MONTANA	HB 567 (CH 187)	ENACTED and EFFECTIVE April 7, 2005
Financing
Noncharges an employer's account for benefits paid due to a voluntary quit or discharge because of circumstances resulting from sexual assault or stalking.
Nonmonetary Eligibility
Defines the terms sexual assault and stalking; redefines the term domestic violence. Provides that an individual will not be denied benefits because of leaving work or for being discharged due to circumstances resulting from the individual or a child of the individual being a victim of sexual assault or stalking, or the individual left work or was discharged because of an attempt on the individual’s part to protect the individual or the individual's child from sexual assault or stalking.

NORTH DAKOTA	HB 1202	ENACTED and EFFECTIVE March 15, 2005
Nonmonetary Eligibility
Changes the pension offset provision to provide that the weekly benefit amount will not be reduced due to receipt of Federal Social Security retirement benefits.

OREGON	HB 2124 (CH 35)	ENACTED May 13, 2005 EFFECTIVE January 1, 2006
Financing
Amends state law to include SUTA dumping prevention provisions which: mandate transfer of experience from one employer to another when there is substantially common ownership, management, or control; apply to both total and partial transfers; prohibit transfer of experience if a person becomes an employer by acquiring an existing business and if the purpose of the acquisition is to obtain a lower contribution rate; apply to persons, who prior to the acquisition of the business, (a) had no employees and (b) had some employees but not enough to be an employer for state law purposes; provide meaningful civil and criminal penalties for knowingly violating or attempting to violate the law's requirements, and for knowingly advising to violate the law; and establish procedures to identify the transfer or acquisition of a business for purposes of the law. Applies to tax years beginning on and after January 1, 2006.

OREGON	SB 35 (CH 336)	ENACTED June 29, 2005 EFFECTIVE January 1, 2006
Financing
Authorizes the state agency to issue warrants to collect unemployment insurance taxes and other debts in any case in which a there is a favorable judgment rendered for amounts due.

SOUTH DAKOTA	SB 13 (CH 281)	ENACTED and EFFECTIVE February 15, 2005
Financing
Amends state law to include SUTA dumping prevention provisions which: mandate transfer of experience from one employer to another when there is substantially common ownership, management, or control; apply to both total and partial transfers; prohibit transfer of experience if a person becomes an employer by acquiring an existing business and if the purpose of the acquisition is to obtain a lower contribution rate; apply to persons, who prior to the acquisition of the business, (a) had no employees and (b) had some employees but not enough to be an employer for state law purposes; provide meaningful civil and criminal penalties for knowingly violating or attempting to violate the law's requirements, and for knowingly advising to violate the law; and establish procedures to identify the transfer or acquisition of a business for purposes of the law.

SOUTH DAKOTA	SB 14 (CH 279)	ENACTED and EFFECTIVE February 1, 2005
Monetary Entitlement
Modifies the definition of base period to include that no calendar quarter used in one base period of a valid claim may be used in a subsequent base period.

SOUTH DAKOTA	SB 85 (CH 283)	ENACTED and EFFECTIVE March 2, 2005
Financing
Noncharges experience-rated employers' accounts for benefits directly attributable to the reinstatement of another employee upon that employee's completion of service in the uniformed services as of January 1, 2005, or the completion of state active duty by members of the National Guard who are activated pursuant to a call from the Governor as provided by law.

VIRGINIA	SB 1112 (CH 44)	ENACTED and EFFECTIVE March 20, 2005
Financing
Deletes the requirement that individuals return to their regular full-time employment once the business reopened, for purposes of noncharging an employer's account for benefits received by an individual unable to work at his regular employment due to a disaster-related business closure.

VIRGINIA	HB 2371 (CH 464)	ENACTED and EFFECTIVE March 21, 2005
Nonmonetary Eligibility
Disqualifies an individual for misconduct connected with his work due to chronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence; provides that the Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.

VIRGINIA	HB 2416 (CH 105)	ENACTED and EFFECTIVE March 20, 2005
Financing
Noncharges employers for benefits paid to an individual hired to replace a member of the Reserve of the United States Armed Forces or the National Guard called into active duty in connection with an international conflict and whose employment is terminated concurrent with and because of that member's return from active duty; deletes reference to Operation Desert Storm/Shield.

VIRGINIA	HB 2050(CH 918) SB 799(CH 23)	ENACTED April 6, 2005 ENACTED March 20, 2005
Monetary Entitlement
Increases the minimum and maximum weekly benefit amounts from $50 to $54 and from $326 to $330, respectively, effective July 3, 2005. Increases the earnings needed in the 2 highest quarters of the base period to qualify from $2,500 to $2,700, effective July 3, 2005.

WYOMING	SB 97 (CH 72)	ENACTED February 18, 2005 EFFECTIVE July 1, 2005
Financing
Provides that upon full satisfaction of an employer's delinquent account and by written request, the department may, for good cause shown, reduce or eliminate the additional amounts payable as a result to the 2 percent delinquency rate assigned for failing to pay contributions, interest and penalties or failing to submit quarterly contribution reports.

Created: March 29, 2004

Updated: April 14, 2008