Bill Text: HI HB169 | 2011 | Regular Session | Amended

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Bill Title: Employment Security

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2011-04-29 - (H) Conference Committee Meeting will reconvene on Friday, 04-29-11 at 5:00pm in Conference Room 325. [HB169 Detail]

Download: Hawaii-2011-HB169-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	169
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 2
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

 

 

RELATING TO EMPLOYMENT SECURITY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 383-168, Hawaii Revised Statutes, is amended to read as follows:

     "§383-168  Definitions.  As used in this part, unless the context clearly requires otherwise:

     (1)  "Extended benefit period" means a period which:

         (A)  Begins with the third week after the first week for which there is a state "on" indicator; and

         (B)  Ends with either of the following weeks, whichever occurs later:

              (i)  The third week after the first week for which there is a state "off" indicator; or

             (ii)  The thirteenth consecutive week of [such] the extended benefit period; provided that no extended benefit period may begin before the fourteenth week following the end of a prior extended benefit period [which] that was in effect with respect to this State.

     (2)  (A)  There is a "state 'on' indicator" for this State for a week [which] that begins before September 26, 1982, if the director of labor and industrial relations determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of [such] that week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this chapter:

              (i)  Equaled or exceeded 120 per cent of the average of [such] the rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and

             (ii)  Equaled or exceeded 4 per cent.

         (B)  There is a "state 'on' indicator" for this State for a week [which] that begins after September 25, 1982, if the director of labor and industrial relations determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of [such] the week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this chapter:

              (i)  Equaled or exceeded 120 per cent of the average of [such] the rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and

             (ii)  Equaled or exceeded 5 per cent.

     (3)  (A)  There is a "state 'off' indicator" for this State for a week [which] that begins before September 26, 1982, if the director determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of [such] the week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this chapter:

              (i)  Was less than 120 per cent of the average of [such] the rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or

             (ii)  Was less than 4 per cent.

         (B)  There is a "state 'off' indicator" for this State for a week [which] that begins after September 25, 1982, if the director determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of [such] the week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) under this chapter:

              (i)  Was less than 120 per cent of the average of [such] the rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or

             (ii)  Was less than 5 per cent.

     (4)  (A)  Effective with respect to compensation for weeks of unemployment beginning after December 31, 1977, the determination of whether there has been a state "on" or "off" indicator shall be made under paragraphs (2)(A) and (3)(A) of this section as if paragraph (2)(A) did not contain clause (i) thereof and the figure "4" contained in clause (ii) thereof were "5", and as if paragraph (3)(A) did not contain clause (i) thereof and the figure "4" contained in clause (ii) thereof were "5"; except that, notwithstanding the other provisions of this paragraph to the contrary, any week for which there would otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a state "off" indicator.

         (B)  Effective with respect to compensation for weeks of unemployment beginning after September 25, 1982, the determination of whether there has been a state "on" or "off" indicator shall be made under paragraphs (2)(B) and (3)(B) of this section as if paragraph (2)(B) did not contain clause (i) thereof and the figure "5" contained in clause (ii) thereof were "6"; except that, notwithstanding the other provisions of this paragraph to the contrary, any week for which there would otherwise be a state "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a state "off" indicator.

     (5)  (A)  Notwithstanding paragraphs (2)(B) and (4)(B) of this section, there is a "state 'on' indicator" for this State with respect to weeks of unemployment beginning after January 1, 2011, until the week ending four weeks prior to the last week of unemployment for which one hundred per cent federal sharing is available under Section 2005(a) of Public Law No. 111-5, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of that law, if:

              (i)  The average rate of total unemployment in this State (seasonally adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of the week equals or exceeds 6.5 per cent, and

             (ii)  The average rate of total unemployment in this State (seasonally adjusted), as determined by the United States Secretary of Labor, for the most recent three-month period equals or exceeds 110 per cent of the average for any or all of the corresponding three-month periods ending in the preceding three calendar years during the period beginning January 1, 2011, and ending on December 31, 2011, or the date established in federal law permitting this provision.

         (B)  Notwithstanding paragraphs (3)(B) and (4)(B) of this section, there is a "state 'off' indicator" for this State for a week based on the rate of total unemployment only if for the period consisting of the most recent three months for which data for all States published before the close of the week, subparagraphs (A)(i) and (A)(ii) do not result in an "on" indicator.

         (C)  Notwithstanding paragraph (10) of this section, an individual's eligibility period shall include any eligibility period provided for in Section 2005(b) of Public Law No. 111-5.

    [(5)] (6)  "Rate of insured unemployment," for purposes of paragraphs (2) and (3) of this section, means the percentage derived by dividing:

         (A)  The average weekly number of individuals filing claims for regular compensation in this State for weeks of unemployment with respect to the most recent thirteen-consecutive-week period, as determined by the director on the basis of the director's reports to the United States Secretary of Labor, by

         (B)  The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of [such] the thirteen-week period.

    [(6)] (7)  "Regular benefits" means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and ex-servicemen pursuant to Title 5 United States Code [chapter] Chapter 85) other than extended benefits and additional benefits.

    [(7)] (8)  "Extended benefits" means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to Title 5 United States Code [chapter] Chapter 85) payable to an individual under [the provisions of] this part for weeks of unemployment in the individual's eligibility period.

    [(8)] (9)  "Additional benefits" means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law, including but not limited to chapter 385.

    [(9)] (10)  "Eligibility period" of an individual means the period consisting of the weeks in the individual's benefit year [which] that begin in an extended benefit period and, if the individual's benefit year ends within [such] the extended benefit period, any week thereafter [which] that begins in [such] the period.

   [(10)] (11)  "Exhaustee" means an individual who, with respect to any week of unemployment in the individual's eligibility period:

         (A)  Has received, prior to [such] a week[,] of unemployment, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under Title 5 United States Code [chapter] Chapter 85) in the individual's current benefit year that includes [such] the week[;] of unemployment; provided that for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to the individual although, as a result of a pending appeal with respect to wages and/or employment that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or

         (B)  The individual's benefit year having expired prior to [such] the week of unemployment has no, or has insufficient, wages and/or employment on the basis of which the individual could establish a new benefit year that would include [such] the week[;] of unemployment; and

          (C)  (i)  Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965, and [such] other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

             (ii)  Has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if the individual is seeking [such] these benefits and the appropriate agency finally determines that the individual is not entitled to benefits under [such] the law the individual is considered an exhaustee; provided that this provision shall not be applicable to benefits under the Virgin Islands law beginning on the day after the day on which the United States Secretary of Labor approves under section 3304(a) of the Internal Revenue Code of 1954 an unemployment compensation law submitted by the Virgin Islands for approval.

   [(11)] (12)  "State law" means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954."

     SECTION 2.  Section 383-172, Hawaii Revised Statutes, is amended to read as follows:

     "§383-172  Total extended benefit amount.  (a)  The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be [fifty per cent of the total amount of regular benefits which were payable to the individual under this chapter in the individual's applicable benefit year; provided that the amount so determined shall be reduced by the total amount of additional benefits paid (or deemed paid) to the individual for weeks of unemployment in the individual's benefit year which began prior to the effective date of the extended benefit period which is current in the week for which the individual first claims extended benefits.] the lesser of the following amounts:

     (1)  Fifty per cent of the total amount of regular benefits that were payable to the individual under this chapter in the individual's applicable benefit year; or

     (2)  Thirteen times the individual's weekly benefit amount that was payable to an individual under this chapter for a week of total unemployment in the applicable benefit year.

     (b)  The amount determined under subsection (a) shall be reduced by the total amount of additional benefits paid or deemed paid to the individual for weeks of unemployment in the individual's benefit year that began prior to the effective date of the extended benefit period that is current in the week for which the individual first claims extended benefits.

     (c)  Effective with respect to weeks beginning in a high unemployment period, subsection (a) shall be applied by substituting:

     (1)  "Eighty per cent" for "fifty per cent" in subsection (a)(1); and

     (2)  "Twenty" for "thirteen" in subsection (a)(2).

     (d)  For purposes of this section, "high unemployment period" means any period during which an extended benefit period would be in effect if section 383-168(5)(A)(i) were applied by substituting eight per cent for 6.5 per cent."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2011-2012 for an automated extended benefit claims system.

     The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.   SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

 

Report Title:

Employment Security

 

Description:

Establishes a temporary total unemployment rate trigger pursuant to P.L. No. 111-5.  Appropriates an unspecified amount for an automated extended benefit claims system.  Effective July 1, 2050.  (SD2)

 

 

 

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