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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
October 03, 2000

Amendments to State Unemployment Insurance Laws


 
ALASKA SB 222 
CH 51 
ENACTED May 11, 2000
EFFECTIVE July 1, 2000 except as noted
Administration

Changes references to the Standard Industrial Classification to the North American Industry Classification System.

Updates the prohibition against denying benefits because an individual is attending State approved training to reference the Workforce Investment Act .

Benefits

Limits the disqualification for misconduct connected with work to the insured worker's last work.

Effective October 7, 2001:

Changes Abenefit year@ from the one-year period beginning with the first day a claim is filed to a 52-week period beginning the Sunday preceding the day a claim is filed.

Provides that the benefit year is a 53-week period if the filing for a determination would result in overlapping any quarter of the base period of a previously filed request for determination.

Provides that a transition period during which claims established prior to October 7, 2001, shall be completed as originally established. If an insured worker=s benefit year ends on any day other than a Sunday, the benefit year will be extended until 11:59pm the following Saturday.


 
COLORADO HB 1056
(CH 195) 
ENACTED May 24, 2000
EFFECTIVE July 1, 2000 
Financing

Credits to the Unemployment Revenue fund: (1) penalties collected from employers for late report filings; (2) claimant penalties collected and all investigative costs awarded in connection with overpayments established due to an individual= s false representation or willful failure to disclose a material facts (repaid benefits will be deposited into the unemployment trust fund); and (3) money remaining in the federal advance interest repayment fund after interest charges a administrative costs have been paid


 
INDIANA HB 1043
(P.L.. 30) 
ENACTED March 15, 2000
EFFECTIVE JULY 1, 2000
Benefits 

Increases over a 3-year period the maximum level of quarterly wage credits for purposes of computing benefits as follows:

After July 1, 2000 and prior to July 1, 2001: $6700

After July 1, 2001 and prior to July 1, 2002: $7300

After July 1, 2002 and prior to July 1, 2003: $7900

Financing

Added a new rate schedule (E) that decreases the contribution rate for certain employers; rates for positive balance employers range from 0.15 to 2.4 percent and for negative balance employers from 3.6 to 5.4 for calendar year 2001. Employer rates will be set according to schedule D for calendar year 2002.


 
MINNESOTA SB 3554
(CH 343)
ENACTED AprilL 6, 2000
EFFECTIVE April 7, 2000
Administration

Changes the program name from "reemployment compensation" to the "unemployment compensation program" and, where applicable, changes the term "benefit" to "unemployment benefit."

Financing

Changes the time period from 3 to 2 years for which a nonprofit organization is bound when it elects to change from taxable to reimbursable status.

Changes the conditions under which nonprofit organizations can change from taxable to reimbursable status, so that an employer can switch if it paid an amount of taxes that exceeded the benefits to its employees by 25 percent over the past 5 years. Previously, an employer either had to have no benefit charges or had to pay down its experience rating to zero.

Permits the commissioner of economic security to apply the compromise authority (i.e., to change in whole or in part any action, determination, or decision) that is applicable to all other employers to nonprofit organizations.


 
MISSISSIPPI HB 211
(CH 508)
ENACTED April 30, 2000
EFFECTIVE July 1, 2000
Administrative

Modifies the filing of lien provisions to require that the commission deliver a copy of the warrant issued to the sheriff on employers failing to pay contributions and assessments to the clerk of the circuit court.

Further modifies the lien provisions to, among other things, specify that a judgement not be a lien upon the property of the employer for a period of more than 7 years from the date of filing of the notice of the tax lien unless action be brought before the expiration of such time or unless the commission refiles such notice of tax lien before the expiration of such time. The judgment is a lien upon the property of the employer for a period of 7 years from the date of refiling such notice of tax lien unless action be brought before the expiration of such time or unless the commission refiles (without limit to the number of times) such notice of tax lien before the expiration of such time.

Permits the commission to issue the warrant directly to the circuit clerk of any county of the State for enrollment upon the judgment rolls of the county.


 
NEBRASKA LB 953 ENACTED and EFFECTIVE
April 6, 2000
Benefits

Provides that an individual is deemed to have left employment for good cause if escaping abuse and is not disqualified from benefits for voluntarily leaving work provided all reasonable efforts to preserve the employment were made.

Provides that no benefits will be charged to an employers experience account for benefits paid based on the claimant voluntarily leaving work with good cause to escape abuse.

Deletes the language requiring the suspension of certain provisions of the extended benefits program.

Coverage

Makes technical corrections in the exclusion from employment for services performed in rehabilitation facilities or sheltered workshops.


 
NEW MEXICO HB 157
(CH 27)
ENACTED and EFFECTIVE
March 6, 2000
Administrative

Deletes the requirements for the risk management advisory board to annually determine and transfer balances of the State government unemployment compensation reserve fund.

Provides that the State government unemployment compensation reserve fund money may be used to establish and maintain a reserve fund for reimbursing state agencies for benefits paid to their former employees.


 
SOUTH DAKOTA HB 1020
(CH 252)
ENACTED February 2, 2000
Financing

Provides that after December 31, 2000, new employer rates will be assigned based on the North American Industry Classification System, rather than the Standard Industrial Classification System.


 
UTAH HB 345
(CH 292)
ENACTED March 16, 2000
Benefits

Increases the maximum weekly benefit payable from 60 to 65 percent of the "insured average fiscal year weekly wage" during the preceding fiscal year for individuals whose benefit year begins on or after January 1, 2001.

Financing

Beginning January 1, 2000, establishes the social contribution at a fixed amount of 0.1 percent rather than a calculated amount, provided the reserve factor is 1.000 or less. Retains the current procedures when the reserve factor is greater than 1.000 - - social costs for the previous 4 years divided by total taxable wages

Modifies the determination of the reserve factor to set it at a rate that sustains an adequate reserve. Defines "adequate reserve" as "between 17 and 19 months of benefits at the average of the five highest benefit cost rates in the last 25 years."


 
UTAH SB 83
(CH 156)
ENACTED March 7, 2000
Appeals

Eliminates the requirement for a recorded hearing in cases of UI fraud. Therefore, determinations regarding fraud are appealable in the same manner as appeals from other benefit determinations.

Coverage

Changes the definition of wages to conform with Section 3306(b), Federal Unemployment Tax Act with some modifications.


 
WASHINGTON SB 6237 ENACTED and EFFECTIVE
March 17, 2000
Benefits

Deletes the authority for the Employment Security Department to deduct a processing fee when intercepting or deducting child support from unemployment insurance benefits.



2000 Regular Legislative Sessions

States Convens 2000 date Adjourns
Alaska January 10th May 10th
Alabama February 1st March 21st
Arkansas No Regular 2000 Session
Arizona January 10th April 14th
California January 3rd August 31st
Colorado January 5th May 3rd
Connecticut February 9th May 3rd
Deleware January 11th June 30th
Florida March 7th May 6th
Georgia January 10th March 17th
Hawaii January 19th May 5th
Iowa January 10th April 18th
Idaho January 10th May 10th
Illinois January 12th January 9th 2001
Indiana January 11th March 14th
Kansas January 10th April 12th
Kentucky January 4th April 15th
Louisiana April 24th June 7th
Massachusetts January 5th January 2nd 2001
Maryland January 12th April 10th
Maine January 5th April 15th
Michigan January 1st December 31st
Minnesota February 1st May 22nd
Missouri January 5th May 30th
Mississippi January 4th May 7th
Montana No Regular 2000 session  
North Carolina May 10th July 26th
North Dakota No Regular 2000 session  
Nebraska January 5th April 17th
New Hampshire January 5th July 1st
New Jersey January 11th January 8th
New Mexico January 18th February 22nd
Nevada No Regular 2000 Session
New York January 5th January 2nd 2001
Ohio January 4th December 31st
Oklahoma February 7th May 26th
Oregon No Regular 2000 Session  
Pennsyvania January 4th November 30th
Rhode Island January 4th July 14th
South Carolina January 11th June 1st
South Dakota January 11th March 14th
Tennessee January 11th April 27th
Texas No Regular 2000 Session
Utah January 17th March 2nd
Virgina January 12th Febuary 25th
Vermont January 4th April 25th
Washington January 10th March 8th
Wisconsin January 3rd May 4th
West Virgina January 12th March 11th
Wyoming February 21st March 10th
U.S. Congress January 3rd October 27th


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Created: March 29, 2004

Updated: April 14, 2008