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IN SB0456
Bill
Status
2/16/2015
Primary Sponsor
Philip Boots
Click for details
AI Summary
Senate Bill 456 Summary
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Changes unemployment insurance surcharge allocation by crediting unused surcharge amounts against total benefits charged to the fund rather than crediting proportionally to individual employers' experience accounts.
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Establishes three categories of unemployment benefit overpayments with different statute of limitations: overpayments from knowing false statements (no time limit), overpayments from failure to report wages (3 years), and all other overpayments (4 years).
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Creates administrative income withholding procedures allowing the Department of Workforce Development to require employers to withhold wages from individuals with established overpayments, with limitations modeled after garnishment laws.
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Prohibits employers from using income withholding as basis for refusing to hire, discharging, or disciplining employees, with penalties up to $1,000 per violation and civil liability for non-compliance.
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Modifies benefit eligibility requirements to require individuals to earn wages in at least 8 weeks equaling 8 times their weekly benefit amount after a disqualification period, and establishes unsatisfactory attendance as just cause for discharge if employer lacks attendance policy.
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Expands criminal jurisdiction to include counties where Internet or computer network access was made or where computer equipment was located for unemployment insurance fraud cases.
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Effective July 1, 2015.
Legislative Description
Unemployment insurance. Provides that any part of an unemployment insurance surcharge not used to pay interest on the advances made to the state from the federal unemployment trust fund must be credited against the total amount of benefits charged to the state's unemployment insurance trust fund before determining each employer's share of those benefits. Removes language that requires the extra surcharge amount be credited to each employer's experience account in proportion to the amount of the surcharge the employer paid. Establishes three categories of unemployment benefit overpayments: (1) overpayments because an individual knowingly makes a false statement or representation of
Last Action
First Reading: referred to Committee on Employment, Labor and Pensions
3/3/2015