Bill Text: MI HB6147 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Employment security: administration; plain language; require the unemployment agency to use in communications and determinations. Amends secs. 2 & 32b of 1936 (Ex Sess) PA 1 (MCL 421.2 & 421.32b) & adds sec. 32c.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2020-09-02 - Bill Electronically Reproduced 09/01/2020 [HB6147 Detail]
Download: Michigan-2019-HB6147-Introduced.html
HOUSE BILL NO. 6147
September 01, 2020, Introduced by Reps. Stone,
Kuppa, Sabo, Pohutsky, Ellison, Yaroch, Brenda Carter, Hood, Tyrone Carter
and Love and referred to the Committee on Oversight.
A bill to amend 1936 (Ex Sess) PA 1,
entitled
"Michigan employment security act,"
by amending sections 2 and 32b (MCL 421.2 and 421.32b), section 2 as amended by 2011 PA 268 and section 32b as amended by 2011 PA 269, and by adding section 32c.
the people of the state of michigan enact:
Sec. 2. (1) The legislature acting in the exercise of
the police power of the this state declares that the public
policy of the this state is as follows: Economic
insecurity due to unemployment is a serious menace to the health, morals, and
welfare of the people of this state. Involuntary unemployment is a subject of
general interest and concern which that requires action by the legislature
to prevent its spread and to lighten its burden, which so often falls with crushing force upon the
unemployed worker and his or her family , to
the detriment of the welfare of the people of this state. Social security
requires protection against this hazard of our economic life. Employers should
be encouraged to provide stable employment. The systematic accumulation of
funds during periods of employment to provide benefits for periods of
unemployment by the setting aside of unemployment reserves to be used for the
benefit of persons individuals unemployed through no fault
of their own, thus maintaining purchasing power and limiting the serious social
consequences of relief assistance, is for the public good, and the general
welfare of the people of this state.
(2)
The unemployment agency shall use plain language in all of the following under
this act, whether in a print, electronic, or other format:
(a)
Correspondence and documents related to the taxes of employers and the benefits
of individuals.
(b)
Policies the unemployment agency implements.
(c)
Rules the unemployment agency promulgates.
(3)
(2) The legislature finds that from time to time high
levels of unemployment have resulted in the exhaustion of the funds in this
state's account of the unemployment trust fund, has have required
advances or loans to the this state from the federal account of
the unemployment trust fund, and has have caused
the imposition of lawful penalty taxes and solvency taxes to repay those
advances and the interest on those advances. The financing and payment of the
outstanding principal amount heretofore or
hereafter advanced or loaned to this state from the federal
account of the unemployment trust fund and the interest on those loans, if any,
the funding of unemployment compensation benefits, and the financing and
funding of this state's account in the unemployment trust fund including,
without limitation, the funding of sufficient fund balances in the unemployment
trust fund, are an essential
governmental function functions and public purpose purposes of this state. The legislature
further finds that the issuance of bonds by the Michigan finance authority or
other issuer to finance the foregoing payments and to avoid or reduce the
imposition of penalty taxes and solvency taxes will further and facilitate an
essential governmental function and public purpose of this state that will
encourage the development of industry and commerce, foster economic growth,
provide employment opportunities for the citizens and residents people of this state and further other economic
development and activities in this state, and in general promote the public
health and general welfare of the people of this state.
(4) As used in
this section, "plain language" means language that meets all of the
following requirements:
(a) Is clear and
concise.
(b) Avoids
complex vocabulary.
(c) Is based on a
fourth-grade reading level.
Sec. 32b. (1) The unemployment agency shall establish
and provide access to a secure internet site to enable employers to determine
if correspondence sent to the unemployment agency by the employer has been
received.
(2) Within 10 days of
receiving a protest or appeal from an employer or employing unit, the
unemployment agency shall post a statement confirming receipt of the protest or
appeal from that employer or employing unit on the internet site required under
subsection (1).
(3) A protest or appeal shall must be signed or verified in a manner
prescribed by administrative rule and shall must be
transmitted to the unemployment agency
by mail , or facsimile , or
other electronic method approved by the unemployment agency. If a party submits an unsigned
or unverified protest or appeal, the unemployment agency shall notify the party
of the defect that prevents the agency from accepting the protest or appeal.
(4)
The unemployment agency shall include all of the following in each determination
and redetermination the unemployment agency provides to a claimant or employer:
(a)
A clear, concise, and factual reason for the determination or redetermination.
(b)
A statement of the appeal rights of the claimant or employer.
Sec. 32c. Except as otherwise provided
in section 32b(4), the unemployment agency shall include both of the following
in the notification it provides to an employer or a claimant regarding a denial,
modification, or cessation of benefits:
(a)
A clear and concise statement of the reason for the denial, modification, or
cessation. The statement must include both of the following:
(i) The facts that support the denial,
modification, or cessation.
(ii) The legal reason for the denial, modification,
or cessation.
(b) If applicable, the appeal rights that the employer or claimant has with respect to the denial, modification, or cessation.
