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ID H0044
Bill
Status
3/21/2013
Primary Sponsor
Commerce and Human Resources Committee
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AI Summary
House Bill 44 Summary
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Prohibits employers from receiving relief from overpaid unemployment insurance benefits charges if the employer fails to timely or adequately respond to department requests and has established a pattern of at least two instances of such failures.
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Defines "timely response" as information received within 7 days of request (extendable at department discretion) and "adequate response" as providing sufficient facts for correct determination.
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Requires written notice to employers of department determinations regarding liability with a 14-day appeal period.
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Directs that the first 15% of civil penalties collected be paid into the employment security fund, with additional amounts going to the employment security administrative and reimbursement fund, and limits the director's ability to compromise civil penalties in excess of amounts required for the employment security fund.
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Changes the definition of "rehire" to require 60 consecutive days of separation instead of 12 months, effective July 1, 2013; other provisions effective October 22, 2013.
Legislative Description
Adds to and amends existing law relating to employment security law to prohibit certain relief from liability relating to benefits paid to a claimant that are subsequently determined to be overpaid; to provide for the collection and deposit of civil penalties and to limit the compromise of civil penalties.
EMPLOYMENT SECURITY LAW
Last Action
Reported Signed by Governor on March 21, 2013 Session Law Chapter 103 Effective: 07/01/13 Section 3; 10/22/13 Sections 1 & 2
3/21/2013