SF0053 - Unemployment compensation.

 

2001

State of Wyoming

01LSO-0203

 

 

 

SENATE FILE NO.  SF0053

 

 

Unemployment compensation.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to unemployment compensation; deleting an
 2  exclusion from the fund; providing for the disposition of
 3  special rate funds collected; providing expenditures from
 4  the workforce development training may be made without the
 5  advice of the Wyoming business council; providing for
 6  notification of expenditures; providing for a reduction in
 7  the base rate for 2002; deleting the allocation of the
 8  adjustment factor; and providing for an effective date.

 9 

10  Be It Enacted by the Legislature of the State of Wyoming:

11 

12         Section 1.  W.S. 27-3-201(b)(i), 27-3-202(b),
13  27-3-210(c), 27-3-503(b) and 27-3-505(a) are amended to
14  read:

15 

 

Page  1

 

 

 

 1         27-3-201.  Establishment and composition of
 2  unemployment compensation fund.

 3 

 4         (b)  The fund shall consist of:

 5 

 6              (i)  Contributions collected under this act,
 7  excluding any special reserve contribution rate imposed
 8  under W.S. 27-3-503(g); and revenues for the employment
 9  support fund under W.S. 27-3-505(a);

10 

11         27-3-202.  Administration of fund.

12 

13         (b)  All funds payable to the fund shall be deposited
14  by the department or its authorized representative with the
15  state treasurer in the clearing account. In addition, all
16  funds collected from the special reserve contribution rate
17  imposed under W.S. 27-3-503(g) and from the employment
18  support fund under W.S. 27-3-505(a) shall be deposited by
19  the department in the clearing account, for clearance only,
20  and shall not become a part of the fund. Beginning with the
21  taxes assessed for the first quarter of 2001 and payable in
22  the second quarter of 2001 and after clearance, twenty-five
23  percent (25%) of the funds collected from the special rate
24  shall be immediately deposited within the state

 

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 1  unemployment insurance trust fund created under W.S.
 2  27-3-209,. After clearance, funds collected for the
 3  employment support fund under W.S. 27-3-505(a) shall be
 4  deposited in the employment support fund created by W.S.
 5  27-3-211 twenty-five percent (25%) immediately shall be
 6  deposited in the employment support fund created under W.S.
 7  27-3-211 and fifty percent (50%) immediately shall be
 8  deposited in the workforce development training fund
 9  created under W.S. 27-3-210. Thereafter, refunds payable
10  pursuant to W.S. 27-3-515 may be paid from the clearing
11  account upon warrants issued by the treasurer under
12  regulation of the commission. Remaining funds in the
13  clearing account shall be immediately deposited with the
14  United States secretary of the treasury in Wyoming's
15  account within the unemployment trust fund established
16  pursuant to 42 U.S.C. § 1104(e).

17 

18         27-3-210.  Workforce development training fund
19  established.

20 

21         (c)  Expenditures from the workforce development
22  training fund for purposes authorized in paragraphs (b)(i)
23  and (ii) of this section shall be approved by the director
24  of the department of employment. Expenditures from the

 

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 1  workforce development training fund for purposes authorized
 2  in paragraphs (b)(iii) and (iv) of this section shall be
 3  approved by the director of the department of employment
 4  with the advice of the Wyoming business council based on
 5  procedures, criteria and performance measures established
 6  by regulations. Notification of expenditures approved under
 7  paragraphs (b)(iii) and (iv) of this section and a copy of
 8  the training fund application shall be provided to the
 9  Wyoming business council. The director of the department of
10  employment shall report annually to the governor and the
11  legislature on the expenditures made from the training fund
12  in the preceding fiscal year and the results of the
13  activities funded by the training fund.

14 

15         27-3-503.  Payment; base rate; failure to pay; rate
16  variations; benefit ratio; new employer rate; special
17  reserve rate.

18 

19         (b)  Except as otherwise provided by law, the base
20  rate of contributions assigned to any employer is eight and
21  one-half percent (8.5%) for 1988 and each calendar year
22  thereafter subject to rate variations under subsections (d)
23  and (f) of this section in addition to a special reserve
24  contribution rate assigned under subsection (g) of the this

 

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 1  section and the adjustment factors computed under W.S.
 2  27-3-505. For calendar year 2002, the base rate assigned to
 3  any employer under this subsection or any variation
 4  assigned under subsection (d) of this section shall be
 5  reduced by twenty percent (20%). The base rate assigned to
 6  any employer under this subsection or any rate variation
 7  assigned under subsections (d) or (f) of this section shall
 8  be reduced by twenty percent (20%) for any calendar year in
 9  which a special reserve contribution rate is imposed under
10  subsection (g) of this section. Except as hereafter
11  provided, a contributing employer failing to pay all
12  contributions, interest and penalties or to submit all
13  quarterly contribution reports due on his account or any
14  account assumed under W.S. 27-3-507 on or before September
15  30 preceding the effective date of his assigned rate shall
16  be assigned a delinquent rate which shall include a two
17  percent (2%) tax rate increase in his base rate and shall
18  also include in addition thereto the adjustment factors for
19  the next calendar year beginning January 1. The delinquent
20  rate shall not exceed the maximum assignable rate. The
21  delinquent rate shall continue to be assigned through and
22  including the calendar quarter in which the delinquent
23  employer satisfies his delinquent account by submitting all
24  payments and contribution reports due. Upon satisfaction of

 

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 1  the delinquent account, the contributing employer shall be
 2  assigned the contribution rate otherwise applicable under
 3  this article beginning the next full calendar quarter.
 4  Provided however, that a delinquent employer shall pay an
 5  assigned delinquent rate for at least the first quarter
 6  even if the account is satisfied before January 1 of the
 7  new calendar year.

 8 

 9         27-3-505.  Adjustment for noncharged and ineffectively
10  charged benefits; adjustment for positive and negative fund
11  balance; computations; exception; maximum rate.

12 

13         (a)  An adjustment factor for noncharged and
14  ineffectively charged benefits shall be computed to the
15  fourth decimal by dividing the total noncharged and
16  ineffectively charged benefits to all employers' experience
17  rating accounts during the experience rating period ending
18  June 30 by the total taxable wages payable during the
19  experience period and added to the rate provided by W.S.
20  27-3-503. The total taxable wages payable under this
21  subsection shall not include wages payable by employers
22  electing payments instead of contributions under W.S.
23  27-3-509. Eighty percent (80%) of this adjustment factor
24  shall be allocated to the unemployment compensation fund.

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 1  Twenty percent (20%) of this adjustment factor shall be
 2  allocated to the employment support fund created by W.S.
 3  27-3-211.

 4 

 5         Section 2.  This act is effective January 1, 2001.

 6 

 7                         (END)

 

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