TAAEA COMPLIANCE LEGISLATIVE STATUS

STATE LEGISLATION LINK REQUIREMENTSALABAMA SB201 – Signed into law http://alisondb.legislature.

state.al.us/acas/ACTIONView-Frame.asp?TYPE=Instrument&INST=SB201&DOCPATH=searchableinstruments/2013RS/Printfiles/&PHYDOCPATH=//alisondb/acas/searchableinstruments/2013RS/PrintFiles/&DOCNAMES=SB201-int.pdf,,SB201-enr.pdf

Effective October 21, 2013, the UI account shall be charged when an overpayment has been made to a claimant as a result of both of the following: (1) The overpayment occurred because the employer, or agent, failed to respond timely or adequately to a request from the agency relating to an unemployment claim. (2) The employer, or agent has established a pattern of failing to respond timely or adequately to a request on two or more occasions.

ALASKA HB76 – Signed into law 9/10/13

http://www.legis.state.ak.us/basis/get_bill.asp?bill=HB%20%2076

An employer's account may not be relieved of charges relating to a payment that was made erroneously from the Trust Fund if it is determined (1) the erroneous payment was made because the employer or an agent was at fault for failing to respond timely or adequately to a documented request for information relating to the claim; and (2) the employer or agent has established a pattern of failing to respond timely or adequately to requests.

ARIZONA HB2173 – Signed into law 06/19/13

http://www.azleg.gov// FormatDocument.asp?inDoc=/legtext/51leg/1r/laws/0204.htm&Session_ID=110

Prohibits charges to be credited to an employer account if an unemployment insurance payment was made because the employer failed to timely respond to a DES request and the employer has a pattern of not responding adequately.

ARKANSAS No information available.

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CALIFORNIA AB1845 – Signed into law 9/29/12

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1801-1850/ab_1845_bill_20120929_chaptered.html

The bill provides that an employer’s reserve account is not relieved of charges relating to an overpayment if it was made because the employer or agent was at fault for failing to respond timely or adequately to requests of the Department for information relating to a claim.

COLORADO HB13-1124 – Signed into law 04/04/13

http://legiscan.com/CO/text/HB1124/2013

Employer’s account will be charged for improper payments made if the employer or agent was at fault for failing to respond timely or adequately to the request for information relating to a claim and they have established a pattern in this regard.

CONNECTICUT SB909 – Signed into law 06/03/13-PA 13-66

http://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB-0909

Imposes a monetary penalty on claimants whose fraudulent acts result in overpayment and prohibits relief from charges to an employer's UI account when such charges result from an employer failing to respond in a timely or adequate manner to a request for information by the Labor Department.

DELAWARE HB91 – Signed into law http://www.legis.delaware.gov/LIS/LIS147.NSF/2bede841c6272c888025698400433a04/c98e98298f4ce8b085257b51006c4960?OpenDocument&Highlight=0, unemployment,agent

This Bill brings Delaware’s UI law into compliance with federal law, Public Law 112-40, which requires that an employer’s account cannot be relieved of charges for an unemployment insurance claim if the employer or the employer’s agent fails to provide the Department of Labor specified information in a timely manner or provides inadequate information for the Department to make a determination of eligibility and as a result, unemployment insurance benefits are erroneously paid to an individual.

FLORIDA HB7007 – Signed into law 5/17/13

http://www.flsenate.gov/Ses-sion/Bill/2013/7007

Prohibits the Department of Economic Opportunity (DEO) from relieving an employer of benefit charges if the employer or its agent fails to timely and adequately respond to a notice of claim or request for information

GEORGIA No information available.

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HAWAII HB915 – Signed into law 4/3/13

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=915&year=2013

Prohibits non-charging of an employer's account when the employer (or agent) is at fault and imposes a fifteen per cent penalty on fraudulent benefit overpayments effective October 1, 2013; It also recoups certain overpayments of unemployment benefits from an employer’s account in the unemployment trust fund and from the federal income tax refund payments of the employer and the individual who received the overpayments; offset an employer’s default of contributions, advance payments, or reimbursement against the employer’s federal income tax refund payments; and use moneys in the State’s account in the unemployment trust fund for the payment of fees authorized under the Internal Revenue Code for the review of reductions relating to credits and refunds.

IDAHO HB44 – Signed into law 03/21/13

http://legislature.idaho.gov/ legislation/2013/H0044.htm

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.

ILLINOIS HB5632 – Signed into law 7/13/12

http://www.ilga.gov/legislation/BillStatus.asp?DocNum=5632&GAID=11&DocTypeID=HB&SessionID=84&GA=97

The bill amends application of benefit charges if an employer or agent is at fault for failing to respond timely or adequately to a DES request for information relating to a claim and the employer established a pattern of doing so.

INDIANA HB1457 – Signed into law 5/2/13

http://www.in.gov/apps/lsa/ses-sion/billwatch/billinfo?year=2013&session=1&request=getBill&docno=1457&doctype=HB

Provides that an employer's experience account may not be relieved of charges for benefit overpayments if they resulted from the employer's failure to respond in a timely or adequate manner to the Department of Workforce Development's request for information related to the claim and the employer has a pattern of failure to respond to department requests for information.

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IOWA SF110 – Signed into law 2/28/13

http://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&menu=text&ga=85&hbill=SF110

This Act prohibits Iowa Workforce Development (IWD) from relieving an employer of charges against the employer’s account for an overpayment of UI benefits if the overpayment occurred because an employer, or an agent of the employer, failed to respond timely or adequately to the IWD’s request for information relating the payment of benefits. The law removes the prohibition against charging an employer’s account for an overpayment of UI benefits when the overpayment is not recovered from the claimant because the employer did not participate in an initial determination to award benefits and the overpayments occurred because of a subsequent reversal on appeal regarding the issue of the claimant’s separation from employment and also establishes a penalty of 15.0% of the amount of the overpayment for individuals that receive UI benefits through fraud.

KANSAS No information available.

KENTUCKY HB102 – Signed into law 3/21/13

http://www.lrc.ky.gov/record/13RS/HB102.htm

Prohibit a reimbursing or contributing employers' account from receiving credit for benefit overpayments collected from a former employee if the overpayment resulted from the employer or it's agent's failure to timely respond to the Secretary's request for information and if the employer engages in a pattern of failing to respond to claims. The bill defines pattern as the greater of six times or 2% of all requests within a calendar year.

LOUISIANA No information available.

MAINE LD1311 – Signed by Governor 6/21/13

http://www.mainelegislature.org/legis/bills/display_ps.asp?paper=SP0454&snum=126&PID=1456

Prohibits an employer from being relieved of benefit charges due to the fault of the employer or agent if they establish a pattern of failing to provide timely or adequate information pertaining to a UI claim.

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MARYLAND HB583 – Signed by the Governor 4/9/13

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&tab=subject3&id=hb0583&stab=01&ys=2013RS

Prohibits DLLR from removing recoverable UI benefits charged if paid as a result of the employer or employer’s agent’s failure to provide timely or adequate information to a claim and 2) the employer or agent has not shown good cause for the failure.

MASSACHUSETTS Chapter 118 of 2013 Acts

https://malegislature.gov/Laws/SessionLaws/Acts/2013/ Chapter118

(a) If the Director, or the Director’s a u t h o r i z e d r e p r e s e n t a t i v e , determines, after providing written or electronic notice to the employer, that a payment of benefits was made because the employing unit, or an agent of the employing unit, was at fault for failing to respond timely or adequately to any request of the department for information relating to the claim for benefits, then: (i) the employing unit, except for employing units making payments into the Unemployment Compensation Fund under Section 14A, shall not be relieved of charges on account of any such payment of benefits; and (ii) if the employing unit makes payments into the Fund under Section 14A, it shall not be relieved from reimbursing the fund on account of any such payment of benefits. For purposes of this subsection, a response shall be considered inadequate if it fails to provide sufficient facts to enable the Department to make the proper determination regarding a claim for benefits. A response shall not be considered inadequate if the Department fails to ask for all necessary information, except in any case where there has been a failure to respond.

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MICHIGAN HB4950 – Transmitted to Governor 9/26/13

http://www.legislature.mi.gov/documents/2013-2014/ billengrossed/House/htm/ 2013-HEBH-4950.htm

Benefits paid to a claimant as a result of an employer or agent’s pattern of failing to respond with timely or adequate information required will be charged to the employer’s account. Consideration will be given to the number of instances of failure in relation to the number of requests. The number of failures must be more than 4 and constitute 2%or more of all the requests during the prior calendar year.

MINNESOTA S.F.No. 2224 – Signed by the Governor April 20, 2012

https://www.revisor.mn.gov/bills/text.php?number=SF2224&version=2&session=ls87& session_year=2012&session_ number=0

Prohibits non-charging if the overpaid unemployment benefits resulted because the employer or agent: (1) failed to respond timely or adequately to a request for information and (2) has established a pattern of failing to respond timely or adequately to requests for information. A "pattern" for purposes of this paragraph is a prior failure to respond to the greater of two requests for information, or two percent of all requests for information in the most recent six months.

MISSISSIPPI HB932 – Signed into law 3/6/13

http://billstatus.ls.state.ms.us/documents/2013/pdf/HB/ 0900-0999/HB0932SG.pdf

An employer will be charged against their experience rating if the employer fails to respond adequately or timely to a request of MDES for information relating to an unemployment claim that was later determined improperly paid and the employer has failed to respond timely or adequately to those requests.

MISSOURI HB611 – Vetoed by the Governor 7/2/13

Rule 8 CSR 10-R.210, which implements a federal mandate, requires DES to track any overpaid UI benefits that were made because the employer or agent did not timely or adequately respond to requests for information relating to a claim and the failure to do so could result in UI benefits paid remaining on the employer’s account.

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MONTANA HB127 – Signed into law 4/15/13

http://leg.mt.gov/bills/2013/billpdf/HB0127.pdf

Law requires employers and agents to respond to claims in an adequate and/or timely manner or the Department may consider the employing unit to be no longer eligible as an interested party with respect to the claim and will deny credit to the employer for resulting erroneous payments to the claimant. Also, a request for a hearing without providing the requested information will be considered to be a failure to provide a timely or an adequate response.

NEBRASKA No information available.

NEVADA SB36 – Signed into law 6/20/13

http://www.leg.state.nv.us/Session/77th2013/Bills/SB/SB36_EN.pdf

This bill provides that an employer’s record for experience rating is not entitled to be relieved of charges for the amount of any benefits erroneously paid to a claimant if the employer failed to submit timely all the information as required.

NEW HAMPSHIRE Changes to Administrative Rule Emp 303.08 (g).

http://www.leg.state.nv.us/Session/77th2013/Bills/SB/SB36_EN.pdf

The Joint Legislative Committee on Administrative Rules (JLCAR) voted to approve the Proposed Interim Rule on 10/17/13. The Department adopted the rule on 10/21/13. It is a clarification of an existing rule, Emp 303.08 (g). The rule relates to the issue that an employer's account shall not be relieved of charges when the employer fails to respond to Department requests for information "timely" and "adequately." This is a federal requirement which is required to be effective by October 21, 13. Although Emp 303.08 already requires employers to respond to Department requests for information, in a timely and appropriate manner, the US Department of Labor (USDOL) has stated that the Department must amend the word "appropriately" to more closely mirror the federal requirement of “adequately." The amendment in the proposed rule addresses this concern and has been approved by the USDOL.

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NEW JERSEY SB2739 – Signed into law 8/19/13

http://www.njleg.state.nj.us/2012/Bills/S3000/2739_R1.PDF

This bill prohibits relief of charges when benefits were paid because an employer or agent fails to respond timely or adequately to a request for information and the employer or agent has established a pattern of failing to respond in a timely or adequate manner. Pattern is defined as repeated documented failure to respond to requests but shall not be established if the number of failures is less than 3 or 2% of the number of requests, whichever is greater.

NEW MEXICO No information available.

NEW YORK I.D. No. LAB-30-13-00011-P

http://docs.dos.ny.gov/info/ register/2013/july24/pdf/ rulemaking.pdf

An employer will not be relieved of charges to their account if they or their representative responded to Department inquiries late or with insufficient information and an overpayment to a claimant resulted. This is a federal requirement.

NORTH CAROLINA HB4 – Signed into law 2/19/13

http://www.ncesc1.com/HB4/HB4-%20EMPL-v%205.28.2013.pdf

Effective 10/21/13-If an employer or agent has a pattern of failing to respond timely or adequately to any written request for separation information, the employer’s account may not be relieved of charges for benefits erroneously paid. All appropriate areas of Employer form NCUI500AB must be completed and documentation such as warnings and policies must be submitted timely. A pattern of failing to respond timely or adequately to requests for information may be made if the number of untimely/inadequate responses is 2 or more or equal to or greater than 2% of the total requests sent to the employer during the prior year, whichever is less.

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NORTH DAKOTA HB1111 – Signed into law 3/22/13

http://www.legis.nd.gov/ assembly/63-2013/ documents/13-8090-02000.pdf? 20131002085716

Prohibits non-charging of UI overpayments if it results from: (1) The employer or agent failing to respond timely or adequately to the request from the bureau for information relating to a claim; and (2) The employer or agent has established a demonstrated pattern of failing to respond to such requests.

OHIO HB37 – Became law 7/11/13

http://www.legislature.state.oh.us/BillText130/130_HB_37_EN_N.html

Requires charge to an employer's account when actions of the employer led to an improper payment of unemployment compensation benefits. A response is considered "timely" if the response is received by the Director within the continuing law time period (ten working days after the request is sent). It is considered "adequate" if the employer or the employer's employee, officer, or agent provided answers to all questions raised by the Director or participated in a fact-finding interview if requested by the Director. A "pattern of failing" is established after the third instance of benefits being paid because the claimant's employer or the employer's employee, officer, or agent failed to respond timely or adequately to a request for information regarding a determination of benefit rights or claims for benefits within a calendar year period.

OKLAHOMA No information available.

OREGON SB192 – Signed into law 8/8/13

https://olis.leg.state.or.us/liz/2013R1/Downloads/ MeasureDocument/SB0192/Enrolled

Requires charge of benefits to employer's account if employer fails to respond timely or adequately to request for information regarding claim, failure causes overpayment of benefits and employer has pattern of failing to respond timely or adequately to requests

PENNSYLVANIA No information available.

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RHODE ISLAND H5700 – Signed into law 6/26/13

http://webserver.rilin.state.ri.us/BillText13/HouseText13/H5700.pdf

Employer accounts will be charged when improper payments are made due to the failure of the employer to respond timely or adequately to requests for information relating to a claim for UI benefits that was subsequently overpaid. Effective 10/1/13.

SOUTH CAROLINA H3751 – Signed 6/7/13 http://www.scstatehouse.gov/sess120_2013-2014/bills/3751.htm

Starting Oct. 21, 2013, if an employer does not respond to DEW’s request for information on an unemployment claim in a timely and adequate manner causing an overpayment, the employer may be subject to higher Unemployment Insurance (UI) taxes and increased benefit charges.

Because of federal and state law changes, DEW will no longer remove benefit charges from an employer’s account that: 1) Has failed to respond or has not provided adequate response to a claim, and an overpayment occurred as a result; and 2) The employer has established a pattern of failing to respond in a timely and adequate manner.

In South Carolina, a pattern is defined as failing to respond three or more times to the Department’s requests (or to 3% or more of all requests for larger businesses). DEW will monitor employer responses between Oct. 21 and Dec. 31, 2013 to determine whether a business demonstrates a pattern for the 2014 year. Responses will be monitored from Jan. 1 through Dec. 31, 2014 to establish the employer’s categorization for 2015.

SOUTH DAKOTA HB1055 – Signed by the Governor 2/12/13

https://legis.state.sd.us/sessions/2013/Bill.aspx?File=HB1055ENR.htm

Employers are not relieved of charges if an overpayment is due to an employer or agent failing to respond adequately or timely to a request for information.

TENNESSEE No information available.

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TEXAS SB1537 – Signed into law 5/18/13

http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/SB01537F.pdf#navpanes=0

The bill provides that an employer is liable for the payment if the employer did not respond to a notice of the filing of an initial claim from the commission by providing sufficient factual information to allow the commission to make a determination regarding the claimant's entitlement to benefits.

UTAH No information available.

VERMONT No information available.

VIRGINIA SB775 – Signed into law 4/3/13

http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+SB775ER2

An employer will not be relieved of charges relating to an overpayment when the employer has established a pattern of failing to respond timely or adequately to such requests. A pattern of failing to respond timely exists if an employer fails to respond adequately to a request for information four times in a four-year period. VEC is required to give the employer notice after first three failures and a $75 fine will be imposed at that time.

WASHINGTON SB5355 – Signed into law 5/8/13

http://apps.leg.wa.gov/ documents/billdocs/2013-14/Pdf/Bills/Senate%20Passed%20 Legislature/5355.PL.pdf

Prohibits relief from benefit charges when an employer fails to timely or adequately to a request for information without good cause and the employer has a pattern of such failures.

WEST VIRGINIA No information available.

WISCONSIN No information available.

WYOMING SF0073 – Signed into law 7/1/13

http://legisweb.state.wy.us/2013/Engross/SF0073.pdf

This act provides that benefits paid erroneously will be charged to an employer’s account if the payment resulted from the employer’s failure to timely provide requested information to the division, and if the employer has established a pattern of failing to provide timely or adequate information to the Division.