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
May 2008
CONNECTICUT | HB 5438 (P.A. No. 08-40) |
ENACTED and EFFECTIVE May 7, 2008 |
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Nonmonetary Eligibility |
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Makes permanent the provision that provides that an individual will not be ineligible for benefits for voluntarily leaving suitable employment that occurs on or after July 1, 2007, to accompany a spouse who is on active duty with the armed forces of the U.S. and is required to relocate by the armed forces. |
IDAHO | SB 1250 (CH 44) |
ENACTED and EFFECTIVE February 27, 2008 |
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Overpayments |
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Provides that if a determination is made finding that an employer has colluded with an employee or former employee to file a false or fraudulent claim, a penalty of 10 times the weekly benefit amount of such employee or former employee must be added to the liability of the employer. (This penalty for colluding is in addition to current law providing penalties for employers that induce, solicit, or coerce such employees or former employees to file a false or fraudulent claim.) |
IDAHO | SB 1311 (CH 99) |
ENACTED and EFFECTIVE March 14, 2008 |
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Administration |
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Establishes new requirements concerning the confidentiality and disclosure of certain employment security information. Establishes new civil penalties for persons who receive and make unauthorized disclosure of employment security information in violation of the confidentiality provisions. |
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Nonmonetary Eligibility |
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Eliminates the option of a claimant being able to demonstrate good cause for failure to attend job training. |
KENTUCKY | SB 146 (CH 111) |
ENACTED and EFFECTIVE April 14, 2008 |
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Administration |
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Establishes new requirements concerning the confidentiality and disclosure of certain unemployment compensation information and records. Establishes a penalty for persons receiving unemployment compensation information and records who violate the confidentiality provision. |
KENTUCKY | Rule 17959 | ADOPTED and EFFECTIVE February 1, 2008 |
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Administration |
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Establishes the receipt date for reports, contributions or payments, protests or appeals as the date it is delivered to the department or the date of the postmark applied by the US Postal Service or commercial postal service. Privately held postage meter dates will not be considered in determining the date of receipt. If the due date falls on a day the office of the department or post office is closed, due date will be the next day the office or post office is open. |
MARYLAND | HB 416 (CH 74) |
ENACTED April 8, 2008 EFFECTIVE October 1, 2008 |
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Financing | ||
Provides that if authorized or directed by the U.S. Department of Labor, the department may directly collect from employers the Federal Unemployment Insurance Tax set forth in the Federal Unemployment Tax Act. Requires these funds be used only to administer programs and services designated for the unemployment insurance and employment services offices. Requires that any agreement reached with the Federal government be submitted to the Joint Committee on Unemployment Insurance Oversight. This act remains effective for 5 years, ending September 30, 2013. |
MASSACHUSETTS | HB 4528 (CH 42) |
ENACTED February 21, 2008 EFFECTIVE January 1, 2008 |
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Financing |
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For calendar year 2008, sets the minimum experience rate at 1.12 percent and the maximum at 10.96 percent (Table D). |
NEBRASKA | LB 500 (CH 48) |
ENACTED March 10, 2008 EFFECTIVE July 14, 2008 |
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Financing | ||
Amends the law to non-charge the employer’s experience account for benefits paid during a week when an individual was participating in training approved under the federal Trade Act. |
OKLAHOMA | HB 2662 | ENACTED and EFFECTIVE April 22, 2008 |
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Administration | ||
Directs the Oklahoma Security Commission to provide a method for employers to file the Quarterly Contributions and Wage Report and establish an electronic payment system through the Internet by December 31, 2008. |
TENNESSEE | SB 4146 (CH 728) |
ENACTED April 10, 2008 EFFECTIVE July 1, 2008 |
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Administration | ||
Establishes new requirements concerning the confidentiality and disclosure of employment security records and reports. Establishes new penalties for violating the confidentiality and disclosure provisions. |
UTAH | HB 21 (CH 43) |
ENACTED and EFFECTIVE March 14, 2008 |
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Nonmonetary Eligibility | ||
Clarifies that unemployed individuals are eligible to receive benefits if they have registered for work with the department and acted in good faith effort to secure employment during each and every week for which the individual made a claim for benefits. Clarifies that once unemployed individuals have registered for work, they no longer are required to thereafter continue to report at an employment office to be eligible to receive benefits. |
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Extensions and Special Programs | ||
Provides that the department may waive or alter either or both the requirements to make a claim for benefits and to register for work as to a disaster in Utah declared by the President of the U.S. or by the state’s governor after giving due consideration to factors directly associated with the disaster, including:
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UTAH | HB 64 (CH 58) |
ENACTED and EFFECTIVE March 14, 2008 |
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Administration | ||
Modifies the confidentiality provisions to clarify the requirements to enter into a written agreement, and to provide to whom and for what purposes certain information will be disclosed. |
VIRGINIA | HB 547 (CH 725) |
ENACTED March 27, 2008 EFFECTIVE as indicated |
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Monetary Entitlement | ||
Provides that for claims effective on or after July 6, 2008, but before July 5, 2009, the minimum weekly benefit amount is $54 and the maximum weekly benefit amount is $378; a total of $2,700 in the 2 high quarters of the base period is needed to monetarily qualify, and a minimum of $18,900.01 is required for the maximum weekly benefit amount. |
WASHINGTON | HB 3122 (CH 102) |
ENACTED and EFFECTIVE March 20, 2008 |
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Coverage | ||
Amends the definition of employment regarding the exclusion of services performed by independent contractors by including the “ABC” test and other criteria. |
WASHINGTON | SB 6751 (CH 323) |
ENACTED and EFFECTIVE April 1, 2008 |
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Nonmonetary Eligibility | ||
Provides that an individual is not disqualified from benefits for leaving work to enter an apprenticeship program approved by the Washington state apprenticeship training council, and benefits are payable beginning Sunday of the week prior to the week active participation in such program begins. |