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Bill Detail: SB20-207

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Title Unemployment Insurance
Status Sent to the Governor (06/29/2020)
Bill Subjects
  • Labor & Employment
House Sponsors M. Gray (D)
T. Sullivan (D)
Senate Sponsors F. Winter (D)
C. Hansen (D)
House Committee Finance
Senate Committee Finance
Date Introduced 05/26/2020
Description

For the purpose of creating a rebuttable presumption that an
individual is an independent contractor, the bill allows the individual to
establish that the person for whom he or she is performing services does
not combine the business operations with the individual's business and the
individual performs work that is not the primary work of the person or
related to the primary work of the person. The bill authorizes the parties
to demonstrate the satisfaction of the factors considered by the division
of employment insurance in the department of labor and employment

(division) in a manner other than a written document. If an individual is
determined to be an employee for the pruposes of the wage theft laws, the
individual is deemed an employee for the purposes of determining
eligibility for unemployment insurance compensation benefits.
The bill exempts payment for services to an election judge for the
purposes of calculating total unemployment compensation benefits.
Current law requires a deduction from the weekly total and partial
unemployment benefit amounts of the part of wages that exceeds 25% of
the weekly benefit amount. The bill changes the percentage of wages for
calculating the deduction to 50%.
When determining whether an individual qualifies for
unemployment insurance, the bill directs the division to consider whether
the individual has separated from employment or has refused to accept
new employment because:
  • The employer requires the individual to work in an
environment that is not in compliance with: Federal centers
for disease control and prevention guidelines applicable to
the employer's business and workplace at the time of the
determination; state and federal laws, rules, and regulations
concerning disease mitigation and workplace safety; an
executive order issued by the governor requiring the
employer to close the business or modify the operation of
the business; and any public health order issued by the
department of public health and environment or a local
government;
  • The individual is the primary caretaker of a child enrolled
in a school that is closed due to a public health emergency
or of a family member or household member who is
quarantined due to an illness during a public health
emergency; or
  • The employee is immunocompromised and more
susceptible to illness during a public health emergency.
The bill changes the time period that an interested party has to
respond to a notice of claim received by the division concerning
unemployment benefits from 12 calendar days to 7 calendar days.
Current law authorizes the division to approve a work share plan
submitted by an employer if the employee's normal weekly work hours
have been reduced by at least 10% but not more than 40%. The bill
changes the amount that hours may be reduced to an amount consistent
with rules adopted by the division and federal law.
The bill removes the cap on the amount of money that can be paid
into and remain in the employment support fund.
The bill requires the director of the division to study and report to
the general assembly the feasibility of creating an unemployment
insurance compensation program and fund for individuals engaged in
independent trades, occupations, and professions.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (06/05/2020) (most recent)  
Additional Bill Documents Bill Documents
Including:
  • Past bill versions
  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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Audio  
Votes House and Senate Votes
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