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Title
AN ACT relating to unemployment insurance.
Summary of Original Version
Amend KRS 341.005 to define "enhanced federal benefits" and "state average unemployment rate"; amend KRS 341.100 to define "suitable work" under certain circumstances; amend KRS 341.270 and KRS 341.272 to reduce the minimum period of time for an employer to qualify for a lower contribution rate to four quarters; amend KRS 341.350 to require that eligible recipients engage in five work search activities per week during each week that he or she claims eligibility for benefits; amend KRS 341.380 to change the maximum benefit payable to a worker within a benefit year; create a new section of KRS Chapter 341 providing for a variable duration of unemployment insurance benefits, ranging from 12 weeks to 24 weeks, based upon the state average unemployment rate at the time of each individual's application for benefits except in certain situations; create a new section of KRS Chapter 341 to allow an employer to notify the secretary of the Education and Workforce Development Cabinet about each worker who has declined suitable work or has failed to attend a first interview; amend KRS 341.370 to change the conditions under which a worker must be disqualified from receiving benefits during unemployment; create a new section of KRS Chapter 341 to allow the General Assembly to end the Commonwealth's participation in any enhanced benefits program; create a new section of KRS Chapter 341 to require the General Assembly's approval, which it may withdraw at any time, to participate in any enhanced federal benefits program; amend KRS 341.096 to define terms; create new sections of KRS Chapter 341 to allow employers to submit a plan for a shared work program to the secretary of the Education and Workforce Development Cabinet for approval; make employees eligible for shared work benefits if they are employed as members of an affected group, under an approved plan, are able to work, and their normal weekly hours are reduced at least ten percent but not more than forty percent; create a new section of KRS Chapter 341 explaining that the weekly shared work benefit amount shall be the product of the regular weekly unemployment compensation amount calculated in KRS 341.380 multiplied by the percentage of reduction of at least ten percent in the individual's usual weekly hours of work, and although an individual may be eligible for shared work benefits or regular benefits as appropriate, no individual shall be eligible for combined benefits in any benefit year in an amount greater than his or her maximum benefit as calculated under KRS Chapter 341.380 and no individual shall receive shared work benefits for more than 26 weeks; amend KRS 341.530, 341.080, 341.127, and 341.710 to conform; declare the provisions of this Act severable; allow the Act to be cited as the Unemployment Insurance Sustainability Act of 2022.
Sponsors
Documents
Current .pdf (157.28 KB)
Introduced .pdf (154.56 KB)
Index Headings of Original Version
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Education and Workforce Development Cabinet, unemployment insurance
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Actions
02/02/22
  • introduced in House
  • to Committee on Committees (H)
02/07/22
  • taken from Committee on Committees (H)
  • 1st reading
  • returned to Committee on Committees (H)
02/08/22
  • taken from Committee on Committees (H)
  • 2nd reading
  • returned to Committee on Committees (H)
02/09/22
  • to Economic Development & Workforce Investment (H)
02/10/22
  • reported favorably, to Rules with Committee Substitute (1)
  • taken from Rules
  • placed in the Orders of the Day
  • floor amendments (1), (4), (6), (9), (11) and (12) filed to Committee Substitute, floor amendments (2), (3), (5-title), (7), (8) and (10) filed to bill
  • 3rd reading
  • floor amendment (12) defeated
  • passed 57-37 with Committee Substitute (1)
02/11/22
  • received in Senate
  • to Committee on Committees (S)
02/14/22
  • to Economic Development, Tourism, & Labor (S)
02/28/22
  • taken from Economic Development, Tourism, & Labor (S)
  • 1st reading
  • returned to Economic Development, Tourism, & Labor (S)
03/01/22
  • reported favorably, 2nd reading, to Rules with Committee Substitute (1)
  • posted for passage in the Regular Orders of the Day for Thursday, March 03, 2022
03/02/22
  • floor amendments (1)(2) and (3) filed to Committee Substitute
03/03/22
  • floor amendments (4), (5) and (6) filed to Committee Substitute
  • 3rd reading
  • floor amendments (1), (2), and (3) withdrawn
  • passed 22-13 with Committee Substitute (1)
03/04/22
  • received in House
  • to Rules (H)
03/07/22
  • posted for passage for concurrence in Senate Committee Substitute (1)
03/08/22
  • House concurred in Senate Committee Substitute (1)
  • passed 58-36
03/09/22
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
Amendments
House Committee Substitute 1
Amendment
Fiscal Impact Statement
Summary
Retains original provisions; add language to Section 5 to clarify that the cabinet is to submit a report regarding the work search requirements to the Governor and the Interim Joint Committee on Economic Development and Workforce Investment; remove reference to the most recent employer in Section 7(2); remove reference to Kentucky Career Center in Section 9 in favor of original statutory reference to employment office; create a new section of KRS Chapter 341 to allow the cabinet to combine any reports required by KRS 341.127 and KRS 341.350 and submit them as one to the Governor and the Interim Joint Committee on Economic Development and Workforce Investment; add a new section of noncodified language to provide that the provisions of this Act shall not be construed to limit access for eligible claimants to Disaster Unemployment Assistance benefits authorized under the Stafford Act; make technical changes.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 1
Amendment
Summary
Amend KRS 341.395 and KRS 341.470 to remove references to state income tax; add a new section of KRS Chapter 141 to provide that unemployment insurance benefits paid to an individual in accordance with KRS Chapter 341 shall not be subject to state income tax.
LRC Index Headings
Unemployment insurance, exemption from state income tax on individuals
Exemption from state income tax on individuals
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, exemption from state income tax on individuals
Education and Workforce Development Cabinet, unemployment insurance
Unemployment insurance, exemption from state income tax on individuals
House Floor Amendment 2
Amendment
Summary
Amend KRS 341.395 and KRS 341.470 to remove references to state income tax; add a new section of KRS Chapter 141 to provide that unemployment insurance benefits paid to an individual in accordance with KRS Chapter 341 shall not be subject to state income tax.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, exemption from state income tax on individuals
Education and Workforce Development Cabinet, unemployment insurance
Unemployment insurance, exemption from state income tax on individuals
Unemployment insurance, exemption from state income tax on individuals
Exemption from state income tax on individuals
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 3
Amendment
Summary
Add a new section to create an appropriation of $9,496,300 to the Employment Services budget unit under the Labor Cabinet; technical changes; APPROPRIATION.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
To the Office of Unemployment Insurance
House Floor Amendment 4
Amendment
Summary
Add a new section to create an appropriation of $9,496,300 to the Office of Unemployment Insurance; make technical changes; APPROPRIATION.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
To the Office of Unemployment Insurance
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 5
Amendment
Summary
Make title amendment.
LRC Index Headings
House Floor Amendment 6
Amendment
Summary
Remove reference to Section 7 in Section 6; restore the original codified language; and delete Section 7 in its entirety; make technical changes.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 7
Amendment
Summary
Remove reference to Section 7 in Section 6; restore the original codified language; and delete Section 7 in its entirety; make technical changes.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 8
Amendment
Summary
Remove references to the secretary of the Economic Development and Workforce Investment Cabinet and references to the Economic Development and Workforce Investment Cabinet and replace with references to the secretary of the Labor Cabinet and references to the Labor Cabinet.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 9
Amendment
Summary
Replace references to the "state average unemployment rate" with "calculated three (3) month state average unemployment rate"; remove the requirement that the state average unemployment rate be calculated using the most recent seasonal adjusted unemployment rate determined by the United States Department of Labor, Bureau of Labor Statistics; require that the calculated three month state average unemployment rate be calculated by the Kentucky Center for Statistics using the most recent data available to it and provided to the cabinet.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 10
Amendment
Summary
Replace references to the "state average unemployment rate" with "calculated three (3) month state average unemployment rate"; remove the requirement that the state average unemployment rate be calculated using the most recent seasonal adjusted unemployment rate determined by the United States Department of Labor, Bureau of Labor Statistics; require that the calculated three month state average unemployment rate be calculated by the Kentucky Center for Statistics using the most recent data available to it and provided to the cabinet.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 11
Amendment
Summary
Replace references to the secretary of the Economic Development and Workforce Investment Cabinet and references to the Economic Development and Workforce Investment Cabinet with references to the secretary of the Labor Cabinet and references to the Labor Cabinet.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
House Floor Amendment 12
Amendment
Summary
Remove Sections 1 to 4; change the work search requirement in Section 5 to three weekly verifiable work search activities of which one must be submitting an application or interviewing; retains definitions of work search activities in Section 5 but removes other changes to existing statutes; removes Sections 6 to 10; retains the shared work program in Sections 11 to 18; retains Sections 19 and 20 that reference the shared work program; removes Sections 21 to 23.
LRC Index Headings
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Senate Committee Substitute 1
Amendment
Fiscal Impact Statement
Summary
Retain original provisions; add language to Section 5 to clarify that claimants who are enrolled in an approved job training or certification program or have return or recall to work prospects within 16 weeks of filing a claim are exempt from work search requirements; add special effective date; technical changes.
LRC Index Headings
January 1, 2023
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Senate Floor Amendment 1
Amendment
Summary
Amend to provide that the one week waiting period in KRS 341.350 only applies on a subsequent claim in any benefit year.
LRC Index Headings
Unemployment insurance, waiting period, subsequent claim
Unemployment insurance, waiting period, subsequent claim
Unemployment insurance, waiting period, subsequent claim
Senate Floor Amendment 2
Amendment
Summary
Amend to remove the one week waiting period in KRS 341.350 unless federal funding has been cut; provide that the secretary may, but is not required to, consider the factors in Section 2(3) when considering whether an offer is suitable work; change references to the state average unemployment rate to regional average unemployment rate based on the area development district where a claimant resides; change the look back period used in determining regional average unemployment rate from six months to three months; change the required weekly work search activity number from five to three; include asking in person for employment as a work search activity.
LRC Index Headings
unemployment insurance, duration of benefits, January 1, 2023
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Senate Floor Amendment 3
Amendment
Summary
Amend to allow unemployment benefits, up to fifty percent of the benefits available to a claimant, to be paid to a claimant who has taken suitable work.
LRC Index Headings
Unemployment insurance, duration of benefits, January 1, 2023
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Senate Floor Amendment 4
Amendment
Summary
In section 1, redefine "state average unemployment rate" so that the applicable unemployment rate is determined on a quarterly basis instead of on a biannual basis ; effective January 1, 2023.
LRC Index Headings
Effective January 1, 2023
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Reemployment contacts, duration of benefits, shared work benefits, state average unemployment rate
Unemployment insurance, duration of benefits, shared work benefits, state average unemployment rate
Unemployment Insurance Sustainability Act of 2022
Senate Floor Amendment 5
Amendment
Senate Floor Amendment 6
Amendment
Summary
Retain original provisions; amend in section 1 the definition o f "state average unemployment rate" to be based on quarters; delete section 2(3); amend the number of verifiable work search activities from five to three and the number of applications for employment or interviewing for employment from 3 to 1.
LRC Index Headings
Unemployment insurance, duration of benefits, state average unemployment rate
Unemployment insurance, duration of benefits, state average unemployment rate
Education and Workforce Development Cabinet, unemployment insurance
Duration of benefits, state average unemployment rate
Unemployment insurance, duration of benefits, state average unemployment rate
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