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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, 2002

Amendments to State Unemployment Insurance Laws


 
ARKANSAS HB 79
(Act No. 94)
ENACTED February 27, 2002
EFFECTIVE January 1, 2002
Coverage

Amends the definition of “employer” and “employment” to include service performed for an Indian tribe, resulting in unemployment insurance coverage of such services and to exclude coverage of certain services.

Allows an Indian tribe to either pay contributions or to elect to make reimbursements.

May require reimbursing tribe or unit to execute and file a surety bond or deposit money or securities at the discretion of the director.

Under certain circumstances, terminates the reimbursement election and coverage when a tribe fails to make the required payments; provides for reinstatement when failure is corrected.

Requires extended benefits not reimbursed by the federal government to be financed in their entirety by the Indian tribe.


 
COLORADO HB 1331
(Ch. . 120)
ENACTED and EFFECTIVE April 19, 2002
Administration

Provides for the use of electronic technology in notices, appeals, and other communications involving administration of the Colorado Employment Security Act.

Grants the Division of Employment and Training authority to prescribe regulations governing the form and manner of such electronic communications.


FLORIDA SB 1272 (Ch. . 173)

HB 1689 (Ch. . 239)
ENACTED and Effective April 24, 2002
ENACTED and EFFECTIVE May 8, 2002
Administration

Requires an administrative child support order to provide, if applicable, for withholding of 40 percent of the benefits for payment of support if the noncustodial parent receives unemployment compensation.


 
FLORIDA HB 1643
(Ch. 194)
ENACTED April 25, 2002
EFFECTIVE July 1, 2002
Administration

Transfers the Unemployment Appeals Commission to the newly created Agency for Workforce Innovation.

Provides that the Agency for Workforce Innovation will not control, supervise or direct the Commission in the performance of its powers and duties but will support and assist the Commission in its requirements for the performance of its duties.

Assigns administration of the unemployment compensation program, and any other programs delivered directly by agency staff rather than through the one-stop delivery system, to the Office of Workforce Services.


 
LOUISIANA HB 173a
(Act 113)
ENACTED and EFFECTIVE April 18, 2002
Administration

Specifically authorizes the release of employment data, obtained under the administration of the Employment Security law, to the Governor’s Office of Workforce Commission, the Division of Administration, or any contractor working on behalf of either of them, for purposes of compiling statistics:

  • Which would support performance management and evaluation by program managers of state and federal programs;
  • Which would assist in the preparation of common performance reports across agencies; and
  • For education and training research.
Prohibits the use of such data for any purposes other than the statistical purposes for which it is furnished, and specifies that such information is confidential and may not be released to the public in a manner that would allow the identity of any individual or employing unit to be inferred by direct or indirect means.

Specifies that data is to be released on a reimbursable basis.

Provides penalties for violations of those provisions.


 
MARYLAND HB 714
(Ch. 239)
ENACTED April 25, 2002
EFFECTIVE January 5, 2003
Monetary Entitlement

Increases the maximum weekly benefit amount from $280 to $310.

Increases the “earnings disregard” to $90.

Nullifies the increases in the maximum weekly benefit amount and earnings disregard if, on September 30, 2002, the ratio between the Unemployment Insurance Trust Fund balance and the total taxable wages for the four preceding completed calendar quarters is less than 4.7 percent.


 
MINNESOTA HB 2531
(Ch. 252)
ENACTED March 22, 2002
EFFECTIVE Upon Adoption of Licensure Rules
Financing

Provides that termination of an employee in good faith reliance on information or records obtained in a background study regarding a confirmed conviction does not subject a hospice provider to liability for unemployment benefits.


 
MISSISSIPPI HB 1579
(Ch. 562)
ENACTED April 10, 2002
EFFECTIVE July 1, 2002
Coverage

Amends the definition of “employing unit” and “employment” to mean any Indian tribe which includes any subdivision, subsidiary or business enterprise wholly owned by an Indian tribe and to include service performed for an Indian tribe, resulting in unemployment insurance coverage of such services.

Amends the definition of “employment” to exclude service performed as a member of an Indian tribal council.

Allows an Indian tribe to either pay contributions or elect to make reimbursements.

Requires tribal unit to post any bond; under certain conditions, terminates the reimbursement election for failure to post bond.
Under certain circumstances, terminates the reimbursement election and may terminate coverage when a tribe fails to make the required payments; provides for reinstatement when failure is corrected.

Requires extended benefits not reimbursed by the federal government to be financed in their entirety by the Indian tribe.


 
NEW JERSEY SB 20
(Ch. 13)
ENACTED and EFFECTIVE March 26, 2002
Monetary Entitlement

Waives the waiting week for benefit years beginning on or after January 1, 2002.

Special Programs

Establishes a State emergency unemployment benefits program.

Defines “emergency unemployment benefits” as benefits financed entirely by the State and paid to exhaustees.

Limits the period for which emergency unemployment benefits will be paid to December 30, 2001, and through the earlier of March 9, 2002, or the conclusion of the calendar week in which total expenditures of emergency unemployment benefits chargeable to the unemployment compensation fund statewide first exceed $100 million, except that emergency unemployment benefits will not be paid during an Extended Benefit period.

Limits the "eligibility period" to the weeks in an exhaustee's benefit year which begin in the emergency unemployment benefit period and, if that benefit year ends in the emergency unemployment benefit period, any weeks thereafter which begin in that period.

Defines "exhaustee" as an individual who exhausts all available regular unemployment compensation (including benefits payable to federal civilian employees and ex-service persons or payable under the combined wage program) during the period from November 25, 2001 through the end of the emergency unemployment benefit period.

Provides that to be eligible for emergency unemployment benefits individuals must continue to meet the eligibility requirements for regular unemployment compensation and must not be eligible for any other unemployment benefits (including extended benefits provided for by any federal law).

Provides that weekly emergency unemployment benefits will equal the weekly benefit amount of an individual’s most recent regular unemployment compensation claim.

Limits the maximum emergency unemployment benefits of an individual to 10 times the weekly benefit amount that was payable in the individual's applicable benefit year.

Provides for noncharging of emergency unemployment benefits , except for:

  • out-of-State employers who are liable for charges under the Combined Wage Program, reimbursing employers, and emergency unemployment benefits paid to federal civilian employees and ex-service persons.

Requires the use of appropriate administrative means to ensure that emergency unemployment benefits are paid only to individuals who meet the eligibility requirements, including, but not limited to, matching the claimant's social security number against available wage records to insure that no earnings were reported for that claimant by employers for periods in which emergency unemployment benefits were paid.

Financing

Establishes a new tax table for years beginning on or after July 1, 2002, tied to lower fund reserve ratios.

Reduces the computation rate each employer liable to pay contributions as follows:

  • From January 1, 2002, until June 30, 2002, by a factor of 36%;

  • From July 1, 2002 until June 30, 2003, by a factor of 15%.

Extends until June 30, 2003, the requirement that workers pay contributions to the unemployment compensation fund at 0.1825% of wages.

Effective on and after July 1, 2003, raises the rate of worker contributions to the unemployment compensation fund to 0.3825% of wages.

Provides for the transfer of excess state disability benefit funds to the unemployment compensation fund.

Provides for a refund to any employee who received wages from more than one employer and the sum of whose contributions deposited in the unemployment compensation fund and the health care subsidy fund exceed 0.3825% of the employee’s wages if a claim for the refund is made within 2 years after the end of the calendar year the wages were received. Requires noninterest refunds from either or both funds. Requires that the refund of contributions be in the form of an income tax credit to the employee.


 
OREGON HB 4021a
(Ch. 657)
ENACTED February 25, 2002
EFFECTIVE March 17, 2002
Extensions and Special Programs

Establishes a State emergency unemployment benefits program financed by the State and payable to exhaustees during the emergency period from April 7, 2002, to December 28, 2002.

Makes emergency unemployment benefits available to individuals beginning with the 14th week following the week for which the individual exhausted regular benefits.

Provides that, to be eligible for emergency unemployment benefits, an individual must: (a) have exhausted regular unemployment benefits, (b) continue to meet the eligibility requirements for regular unemployment benefits under this chapter, (c) have a benefit year which expired after January 5, 2002, and (d) have been paid wages by an employer or employers during the base period of the individual's applicable benefit year in an amount equal to or in excess of 40 times the individual's applicable weekly benefit amount.

Sets emergency unemployment benefit amounts equal to the weekly benefit amount of the individual's most recent regular unemployment benefit claim.

Limits the maximum amount of emergency unemployment benefits receivable to 50 percent of an individual's most recent regular unemployment benefit claim.

Increases the emergency weekly benefit amount by $20 each week applicable from March 17, 2002, to October 5, 2002, and extends the period of the increase to December 28, 2002, if the state is notified on or before October 1, 2002, that Reed Act funds will be distributed to the state, the funds equal or exceed $23 million, and the state is permitted to use $23 million or more of the funds for benefit payments.

Provides for the nonpayment of emergency unemployment benefits if the federal maximum extended benefit amount payable is increased to 100 percent of the total amount of regular benefits payable in the applicable benefit year.

Financing

Provides for noncharging of an employer's account for payments of emergency benefits and the benefit increase.

Establishes a new tax rate schedule (Schedule III-K) assigning tax rates from a low of 0.66 percent to a high of 5.40 percent for wages paid during the third and fourth quarters of 2002 if the fund adequacy percentage ratio is 170.00 percent but less than 190 percent. Conditions the effectiveness of the new rate schedule for the fourth quarter of 2002 on if the state’s been notified on or before October 1, 2002 that Reed Act funds will be distributed to the state, those funds equaling or exceeding $23 million, and Federal law permits the state to use $23 million or more of the funds for benefit payments.


 
SOUTH CAROLINA HB 4014
(Act No. 203)
ENACTED and EFFECTIVE April 10, 2002
Administration

Clarifies that requests for certain information on covered employers and benefit recipients from certain entities must be in writing.

Permits the claimant’s last or separating employer and any employer whose account may be affected by the adjudication of the claim to file an appeal from an initial determination, redetermination or subsequent determination.


 
SOUTH DAKOTA HB 1040
(Ch. 244)
ENACTED and EFFECTIVE February 14, 2002
Coverage

Amends the definition of “employment” to include service performed for an Indian tribe, resulting in unemployment insurance coverage of such services and to exclude coverage of certain services.

Allows an Indian tribe to either pay contributions or to elect to make reimbursements.

May require an Indian tribe that elects to make reimbursement to execute and file a surety bond or deposit money or securities.

Under certain circumstances, terminates the reimbursement election and coverage when a tribe fails to make the required payments; provides for reinstatement when failure is corrected.

Requires extended benefits not reimbursed by the federal government to be financed in their entirety by the Indian tribe.


 
VIRGINIA HB 1336 (Ch. 120)
SB 663 (Ch. 892)
ENACTED March 8, 2001
ENACTED MAY 17, 2002
EFFECTIVE Retroactively to September 9, 2001
Monetary Entitlement

Requires that eligible individuals be paid benefits at the new weekly benefit amounts retroactively to September 9, 2001, for claimants establishing a benefit year as of that date and expiring January 1, 2003--the minimum weekly benefit amount is $69 and the maximum benefit amount is $368; for claimants establishing a benefit year on or after January 1, 2003, but before January 1, 2004--the minimum benefit rate is $59 and the maximum benefit rate is $318; and for claimants establishing a benefit year on or after January 1, 2004--the minimum benefit rate is $50 and the maximum benefit rate is $263 (amounts in effect prior to September 9, 2001).


 
WASHINGTON HB 1248
(Ch. 8)
ENACTED March 12, 2002
EFFECTIVE June 13, 2002
Nonmonetary Eligibility

Provides that an individual has not left work voluntarily without good cause when the separation was necessary to protect the claimant or the claimant’s immediate family members from domestic violence or stalking.

Requires that an evaluation of suitable work consider the individual’s need to address the physical, psychological, legal, and other effect of domestic violence or stalking for those individuals who qualified for unemployment benefits under the voluntary leaving provision for domestic violence or stalking.

Excludes individuals who qualify for unemployment benefits under the voluntary leaving provision for domestic violence or stalking from the requirement to actively engage or provide evidence in seeking work.

Financing

Provides for noncharging of benefits for individuals who qualify for unemployment benefits under the voluntary leaving provision for domestic violence or stalking.


 
WISCONSIN AB 742
(Act 43)
ENACTED February 12, 2002
EFFECTIVE February 17, 2002 or as otherwise indicated
Administration

Authorizes the first $2,389,107of fiscal year 2002 Reed Act moneys to be used for administration of unemployment insurance.

Financing

Provides that the same rate schedule in effect for calendar year 2002 will be in effect for calendar year 2003.

Extensions and Special Programs

Suspends the Wisconsin supplemental benefits program until on or after January 26, 2003.

Creates a temporary supplemental unemployment insurance benefits program providing that:

  • from March 3, 2002 to December 28, 2002, individuals may be eligible to receive temporary supplemental benefits if that week is in the individual’s eligibility period, the individual’s benefit year was established that began on or after March 11, 2001, the individual is an exhaustee, and the individual is not disqualified and has satisfied the other requirements regarding the payment of regular benefits.

  • the weekly temporary supplemental rate payable is the same as for regular benefits.

  • the maximum entitlement is limited to the lesser of 50% of regular benefits or 8 times the temporary supplemental benefits rate.

  • provisions for regular benefits apply to temporary supplemental benefits.

  • temporary supplemental benefits will be charged to the fund’s balancing account.


 
WYOMING HB 145
(Act 39)
ENACTED March 12 , 2002
EFFECTIVE July 1, 2002
Monetary Entitlement

Eliminates the waiting week for 2 years for initial or additional claims filed between July 1, 2002, and June 30, 2004.

Financing

Increases the taxable wage base from $14,100 to $14,700 for calendar year 2003 only.

Reduces the assigned base rate by 25 percent for calendar year 2003.



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Created: March 29, 2004

Updated: April 14, 2008