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H0004.......................................by COMMERCE AND HUMAN RESOURCES UNEMPLOYMENT INSURANCE - Amends and adds to existing law relating to unemployment insurance tax rates to revise definitions; to require covered employers to submit a business registration form; to provide an exception to imposition of the reserve tax; to revise requirements for the Special Administration Fund; to provide for disbursement of any unencumbered balance in the Workforce Development Training Fund exceeding six million dollars; to revise the method for determining taxable wage rates; to provide finality of determinations of chargeability; to provide liability for amounts due from transferred experience rating accounts; to revise the penalty on unpaid amounts; to provide for the collection of jeopardy assessment amounts due; to revise the rate of interest on liens; to revise the personal eligibility conditions for benefits; to revise the method for determining the maximum weekly benefit amount; to revise the number of weeks of benefit entitlement; to provide that severance pay is deductible income; to provide civil penalties on overpayments resulting from false statements, misrepresentation or failure to report a material fact; to revise the methods of collection; to revise the criteria for waiver of overpayments; and to provide civil penalties for employers. 01/14 House intro - 1st rdg - to printing 01/17 Rpt prt - to Com/HuRes 01/18 Rpt out - rec d/p - to 2nd rdg 01/19 2nd rdg - to 3rd rdg 01/20 3rd rdg - PASSED - 65-0-5 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bedke, Bell, Bilbao, Black, Block, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Bayer, Boe, Henbest, Jones, Mr. Speaker Floor Sponsors- Pasley-Stuart & Lake Title apvd - to Senate 01/21 Senate intro - 1st rdg - to Com/HuRes 01/26 Rpt out - rec d/p - to 2nd rdg 01/27 2nd rdg - to 3rd rdg 02/01 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams(Williams) NAYS -- None Absent and excused -- None Floor Sponsors - Andreason, Goedde & Malepeai Title apvd - to House 02/02 To enrol 02/03 Rpt enrol - Sp signed 02/04 Pres signed 02/07 To Governor 02/07 Governor signed Session Law Chapter 5 Effective: 01/01/05 Secs 3, 7, 8 & 9; 07/01/05 All other sections
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 4 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 23-950, IDAHO CODE, 3 TO RESTRICT THE TRANSFER OF A LIQUOR LICENSE AND TO PROVIDE FOR SEIZURE 4 FOR AMOUNTS DUE; AMENDING SECTION 72-1316A, IDAHO CODE, TO EXEMPT CASUAL 5 EMPLOYMENT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 72-1319B, 6 IDAHO CODE, TO REVISE THE DEFINITION OF TAXABLE WAGE RATE; AMENDING SEC- 7 TION 72-1337, IDAHO CODE, TO REQUIRE COVERED EMPLOYERS TO SUBMIT A BUSI- 8 NESS REGISTRATION FORM; AMENDING SECTION 72-1347A, IDAHO CODE, TO PROVIDE 9 AN EXCEPTION TO IMPOSITION OF THE RESERVE TAX, TO REVISE REQUIREMENTS FOR 10 THE SPECIAL ADMINISTRATION FUND AND TO PROVIDE CORRECT TERMINOLOGY; AMEND- 11 ING SECTION 72-1347B, IDAHO CODE, TO PROVIDE FOR DISBURSEMENT OF ANY UNEN- 12 CUMBERED BALANCE IN THE WORKFORCE DEVELOPMENT TRAINING FUND EXCEEDING SIX 13 MILLION DOLLARS; AMENDING SECTION 72-1349, IDAHO CODE, TO MAKE A TECHNICAL 14 CORRECTION; AMENDING SECTION 72-1350, IDAHO CODE, TO REVISE THE METHOD FOR 15 DETERMINING TAXABLE WAGE RATES AND TO DELETE OBSOLETE LANGUAGE; AMENDING 16 SECTION 72-1351, IDAHO CODE, TO PROVIDE FOR FINALITY OF DETERMINATIONS OF 17 CHARGEABILITY, TO PROVIDE LIABILITY FOR AMOUNTS DUE FROM TRANSFERRED EXPE- 18 RIENCE RATING ACCOUNTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19 72-1354, IDAHO CODE, TO REVISE THE PENALTY ON UNPAID AMOUNTS; AMENDING 20 SECTION 72-1359, IDAHO CODE, TO PROVIDE FOR THE COLLECTION OF JEOPARDY 21 ASSESSMENT AMOUNTS DUE; AMENDING SECTION 72-1360, IDAHO CODE, TO REVISE 22 THE RATE OF INTEREST ON LIENS; AMENDING SECTION 72-1366, IDAHO CODE, TO 23 REVISE THE PERSONAL ELIGIBILITY CONDITIONS FOR BENEFITS AND TO MAKE TECH- 24 NICAL CORRECTIONS; AMENDING SECTION 72-1367, IDAHO CODE, TO REVISE THE 25 METHOD FOR DETERMINING THE MAXIMUM WEEKLY BENEFIT AMOUNT, TO REVISE THE 26 NUMBER OF WEEKS OF BENEFIT ENTITLEMENT AND TO PROVIDE THAT SEVERANCE PAY 27 IS DEDUCTIBLE INCOME; AMENDING SECTION 72-1369, IDAHO CODE, TO PROVIDE 28 CIVIL PENALTIES ON OVERPAYMENTS RESULTING FROM FALSE STATEMENTS, MISREPRE- 29 SENTATION OR FAILURE TO REPORT A MATERIAL FACT, TO REVISE THE METHODS OF 30 COLLECTION AND TO REVISE THE CRITERIA FOR WAIVER OF OVERPAYMENTS; AMENDING 31 CHAPTER 13, TITLE 72, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 32 72-1372, IDAHO CODE, TO PROVIDE CIVIL PENALTIES FOR EMPLOYERS; DECLARING 33 AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION FOR SECTIONS 3, 7, 8 34 AND 9 OF THIS ACT; AND PROVIDING AN EFFECTIVE DATE FOR SECTIONS 1, 2, 4, 35 5, 6, 10, 11, 12, 13, 14, 15 AND 16 OF THIS ACT. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 23-950, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 23-950. RESTRICTION AGAINST TRANSFER OF LICENSE. (1) No license issued 40 under the provisions of this chapter shall be renewed, transferred, assigned, 41 leased or sold if: 42 (a) Tthe state tax commission has notified the director and the licensee 43 in writing that any tax imposed by chapters 30 and 36, title 63, Idaho 2 1 Code, interest, penalty, and additional amount, which has accrued as a 2 result of the operation of the licensed premises has been assessed as that 3 term is defined in section 63-3045A, Idaho Code, against the licensee or 4 any person operating the licensed premises with the permission of the 5 licensee.; or 6 (b) The department of commerce and labor has notified the director and 7 the licensee in writing that a lien has been filed against the licensee or 8 any person operating the licensed premises with the permission of the 9 licensee, as a result of the operation of the licensed premises securing 10 amounts due pursuant to chapter 13, title 72, Idaho Code. 11 (2) At such time as the state tax commission or the department of com- 12 merce and labor has notified the director and licensee as herein provided, the 13 license issued for the premises the operation of which has resulted in the 14 accrual of the tax for which the warrant or lien is outstanding shall be sub- 15 ject to levy and distraint pursuant to chapter 30, title 63, Idaho Code, or 16 seizure pursuant to section 72-1360A, Idaho Code. 17 SECTION 2. That Section 72-1316A, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 72-1316A. EXEMPT EMPLOYMENT. "Exempt employment" means service performed: 20 (1) By an individual in the employ of his spouse or child. 21 (2) By a person under the age of twenty-one (21) years in the employ of 22 his father or mother. 23 (3) By an individual under the age of twenty-two (22) years who is 24 enrolled as a student in a full-time program at an accredited nonprofit or 25 public education institution for which credit at such institution is earned in 26 a program which combines academic instruction with work experience. Thissub-27paragraphsubsection shall not apply to service performed in a program estab- 28 lished at the request of an employer or group of employers. 29 (4) In the employ of the United States government or an instrumentality 30 of the United States exempt under the constitution of the United States from 31 the contributions imposed by this chapter. 32 (5) In the employ of a governmental entity in the exercise of duties: 33 (a) As an elected official; 34 (b) As a member of a legislative body, or a member of the judiciary, of a 35 state or political subdivision thereof; 36 (c) As a member of the state national guard or air national guard; 37 (d) As an employee serving on a temporary basis in case of fire, storm, 38 snow, earthquake, flood, or similar emergency; or 39 (e) In a position which, pursuant to the laws of this state, is desig- 40 nated as (i) a major nontenuredpolicy makingpolicymaking or advisory 41 position, or (ii) apolicy makingpolicymaking or advisory position which 42 ordinarily does not require more than eight (8) hours per week. 43 (6) By an inmate of a correctional, custodial or penal institution, if 44 such services are performed for or within such institution. 45 (7) In the employ of: 46 (a) A church or convention or association of churches; or 47 (b) An organization which is operated primarily for religious purposes 48 and which is operated, supervised, controlled, or principally supported by 49 a church, or convention or association of churches; or 50 (c) In the employ of an institution of higher education, if it is devoted 51 primarily to preparation of a student for the ministry or training candi- 52 dates to become members of a religious order; or 53 (d) By a duly ordained, commissioned, or licensed minister of a church in 3 1 the exercise of his ministry or by a member of a religious order in the 2 exercise of duties required by such order. 3 (8) By a program participant in a facility that provides rehabilitation 4 for individuals whose earning capacity is impaired by age, physical or mental 5 deficiency, or injury or provides remunerative work for individuals who, 6 because of their impaired physical or mental capacity, cannot be readily 7 absorbed into the labor market. 8 (9) As part of an unemployment work relief program or as part of an unem- 9 ployment work training program assisted or financed in whole or in part by any 10 federal agency or an agency of a state or political subdivision thereof, by an 11 individual receiving such work relief or work training. 12 (10) Service with respect to which unemployment insurance is payable under 13 an unemployment insurance system established by an act of congress other than 14 the social security act. 15 (11) As a student nurse in the employ of a hospital or nurses' training 16 school by an individual who is enrolled and is regularly attending courses in 17 a nurses' training school approved pursuant to state law, and service per- 18 formed as an intern in the employ of a hospital by an individual who has com- 19 pleted a course in a medical school approved pursuant to state law. 20 (12) By an individual under the age of eighteen (18) years of age in the 21 delivery or distribution of newspapers or shopping news not including delivery 22 or distribution to any point for subsequent delivery or distribution. 23 (13) By an individual for a person as an insurance agent or as an insur- 24 ance solicitor, if all such service performed by such individual for such per- 25 son is performed for remuneration solely by way of commission. 26 (14) By an individual for a real estate broker as an associate real estate 27 broker or as a real estate salesman, if all such service performed by such 28 individual for such person is performed for remuneration solely by way of com- 29 mission. 30 (15) Service covered by an election approved by the agency charged with 31 the administration of any other state or federal unemployment insurance law, 32 in accordance with an arrangement pursuant to section 72-1344, Idaho Code. 33 (16) In the employ of a school or college by a student who is enrolled and 34 regularly attending classes at such school or college. 35 (17) In the employ of a hospital by a resident patient of such hospital. 36 (18) By a member of an AmeriCorps program. 37 (19) By an individual who is paid less than fifty dollars ($50.00) per 38 calendar quarter for performing work that is not in the course of the 39 employer's trade or business, and who is not regularly employed by such 40 employer to perform such service. For the purposes of this subsection, an 41 individual shall be deemed to be regularly employed by an employer during a 42 calendar quarter only if: 43 (a) On each of some twenty-four (24) days during such quarter such indi- 44 vidual performs for such employer for some portion of the day service not 45 in the course of the employer's trade or business; or 46 (b) Such individual was so employed by such employer in the performance 47 of such service during the preceding calendar quarter. 48 SECTION 3. That Section 72-1319B, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 72-1319B. TAXABLE WAGE RATE. "Taxable wage rate" means the numerical 51 valuesprovidedcalculated in accordance with section 72-1350(7), Idaho Code, 52 for the purpose of establishing contribution rates, training tax rates and 53 reserve tax rates for covered employers. 4 1 SECTION 4. That Section 72-1337, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 72-1337. RECORDS AND REPORTS. (1) Each employer that is a "covered 4 employer," as defined in section 72-1315, Idaho Code, shall complete and sub- 5 mit to the director an Idaho business registration form within six (6) months 6 of becoming a covered employer. 7 (2) Each employer shall keep accurate records, for such periods of time 8 and containing such information as the director may prescribe. Such records 9 shall be open to inspection and be subject to being copied by the director at 10 any reasonable time. The director, a member of the commission or an appeals 11 examiner may require from any employer any sworn or unsworn reports which are 12 deemed necessary in the exercise of their duties. 13 SECTION 5. That Section 72-1347A, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 72-1347A. EMPLOYMENT SECURITY RESERVE FUND -- SPECIAL ADMINISTRATION 16 FUND. (1) There is established in the state treasury a special trust fund, 17 separate and apart from all other public funds of this state, to be known as 18 the employment security reserve fund, hereinafter "reserve fund." Except as 19 provided herein, all proceeds from the reserve tax defined in subsection (2) 20 of this section shall be paid into the reserve fund. The moneys in the reserve 21 fund may be used by the director for loans to the employment security fund, 22 section 72-1346, Idaho Code, as security for loans from the federal unemploy- 23 ment insurance trust fund, and for the repayment of any interest bearing 24 advances, including interest, made under title XII of the social security act, 25 42 USC 1321 through 1324, and shall be available to the director for expendi- 26 ture in accordance with the provisions of this section. The state treasurer 27 shall be the custodian of the reserve fund and shall invest said moneys in 28 accordance with law. The state treasurer shall disburse the moneys from the 29 reserve fund in accordance with the directions of the director. 30 (2) A reserve tax is imposed on all covered employers required to pay 31 contributions pursuant to section 72-1350, Idaho Code, except deficit employ- 32 ers who have been assigned a taxable wage rate from deficit rate class six 33 pursuant to section 72-1350(8)(a), Idaho Code. The reserve tax shall be due 34 and payable at the same time and in the same manner as contributions. If the 35 reserve fund is less than one percent (1%) of state taxable wages in the 36 penultimate year as of September 30 of the preceding calendar year, the 37 reserve tax rate for all eligible, standard-rated and deficit employers shall 38 be equal to the taxable wage rate then in effect less the assigned contribu- 39 tion rate and training tax rate. The provisions of this chapter which apply to 40 the payment and collection of contributions also apply to the payment and col- 41 lection of the reserve tax, including the same calculations, assessments, 42 method of payment, penalties, interest, costs, liens, injunctive relief, col- 43 lection procedures and refund procedures. In the administration of the provi- 44 sions of this section and the collection of the reserve tax, the director is 45 granted all rights, authority, and prerogatives granted the director under the 46 provisions of this chapter. Moneys collected from an employer delinquent in 47 paying contributions and reserve taxes shall first be applied to pay any pen- 48 alty and interest imposed pursuant to the provisions of this chapter and shall 49 then be applied pro rata to pay delinquent contributions to the employment 50 security fund, section 72-1346, Idaho Code, and delinquent reserve taxes to 51 the reserve fund pursuant to this section. Any interest and penalties col- 52 lected pursuant to this subsection shall be paid into the state employment 5 1 security administrative and reimbursement fund, section 72-1348, Idaho Code, 2 and any interest or penalties refunded under this subsection shall be paid out 3 of that same fund. Reserve taxes paid pursuant to this subsection may not be 4 deducted in whole or in part by any employer from the wages of individuals in 5 its employ. All reserve taxes collected pursuant to this subsection shall be 6 deposited in the clearing account of the employment security fund, section 7 72-1346, Idaho Code, for clearance only and shall not become part of such 8 fund. After clearance, the moneys shall be deposited in the reserve fund 9 established in subsection (1) of this section. No reserve tax shall be imposed 10 for any calendar year if, as of September 30 of the preceding calendar year, 11 the balance of the reserve fund equals or exceeds one percent (1%) of the 12 state taxable wages for the penultimate calendar year, or exceeds forty-nine 13 percent (49%) of the actual balance of the employment security fund, section 14 72-1346, Idaho Code. 15 (3) The interest earned from investment of the reserve fund shall be 16 deposited in a fund established in the state treasurer's office, to be known 17 as the department of commerce and labor special administration fund, hereinaf- 18 ter "special administration fund." The moneys in the special administration 19 fund shall be held separate and apart from all other public funds of this 20 state. The state treasurer shall be the custodian of this fund and may invest 21 said moneys in accordance with law. Any interest earned on said moneys shall 22 be deposited in the special administration fund. In the absence of a specific 23 appropriation, the moneys in the special administration fund are perpetually 24 appropriated to the director and may be expended with the approval of the 25 advisory council appointed pursuant to section 72-1336, Idaho Code, for costs 26 related toemployment serviceprogramsand unemployment insurance programs27 administeredunder this chapterby the department. The director shall report 28 annually to the joint finance-appropriations committee and the advisory coun- 29 cil the expenditures and disbursements made from the fund during the preceding 30 fiscal year, and the expenditures and disbursements and commitments made dur- 31 ing the current fiscal year to date. 32 (4) Administrative costs related to the reserve fund and the special 33 administration fund shall be paid from federal administrative grants received 34 under title III of the social security act, to the extent permitted by federal 35 law, and then from the special administration fund. 36 SECTION 6. That Section 72-1347B, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 72-1347B. WORKFORCE DEVELOPMENT TRAINING FUND. (1) There is established 39 in the state treasury a special trust fund, separate and apart from all other 40 public funds of this state, to be known as the workforce development training 41 fund, hereinafter "training fund." Except as provided herein, all proceeds 42 from the training tax defined in subsection (4) of this section shall be paid 43 into the training fund. The state treasurer shall be the custodian of the 44 training fund and shall invest said moneys in accordance with law. Any inter- 45 est earned on the moneys in the training fund shall be deposited in the train- 46 ing fund. Moneys in the training fund shall be disbursed in accordance with 47 the directions of the director. In any month when the unencumbered balance in 48 the training fund exceeds six million dollars ($6,000,000), the excess amount 49 over six million dollars ($6,000,000) shall be transferred to the employment 50 security reserve fund, section 72-1347A, Idaho Code. For the purposes of this 51 subsection (1), the unencumbered balance in the training fund is the balance 52 in such fund reduced by the sum of: 53 (a) The amounts that have been obligated pursuant to fully-executed 6 1 workforce development training fund contracts; 2 (b) The amounts that have been obligated pursuant to letters of intent 3 for proposed job training projects; and 4 (c) Any administrative costs related to the training fund that are due 5 and payable. 6 (2) All moneys in the training fund are perpetually appropriated to the 7 director for expenditure in accordance with the provisions of this section. 8 The purpose of the training fund is to provide or expand training and retrain- 9 ing opportunities in an expeditious manner that would not otherwise exist for 10 Idaho's workforce. The training fund is intended to supplement, but not to 11 supplant or compete with, money available through existing training programs. 12 The moneys in the training fund shall be used for the following purposes: 13 (a) To provide training for skills necessary for specific economic oppor- 14 tunities and industrial expansion initiatives; 15 (b) To provide training to upgrade the skills of currently employed work- 16 ers at risk of being permanently laid off; 17 (c) For refunds of training taxes erroneously collected and deposited in 18 the workforce training fund; 19 (d) For all administrative expenses incurred by the department associated 20 with the collection of the training tax and any other administrative 21 expenses associated with the training fund. 22 (3) Expenditures from the training fund for purposes authorized in para- 23 graphs (a) and (b) of subsection (2) of this section shall be approved by the 24 director in consultation with the office of the governor, based on proce- 25 dures, criteria and performance measures established by the council appointed 26 pursuant to section 72-1336, Idaho Code. The activities funded by the training 27 fund will be coordinated with similar activities funded by the state division 28 of professional-technical education. Expenditures from the training fund for 29 purposes authorized in paragraphs (c) and (d) of subsection (2) of this sec- 30 tion shall be approved by the director. The director shall pay all approved 31 expenditures as long as the training fund has a positive balance. The council 32 shall report annually to the governor and the joint finance-appropriations 33 committee the commitments and expenditures made from the training fund in the 34 preceding fiscal year and the results of the activities funded by the training 35 fund. 36 (4) A training tax is hereby imposed on all covered employers required to 37 pay contributions pursuant to section 72-1350, Idaho Code, with the exception 38 of deficit employers who have been assigned a taxable wage rate from rate 39 class six pursuant to section 72-1350, Idaho Code. The training tax rate shall 40 be equal to three percent (3%) of the taxable wage rate then in effect for 41 each eligible, standard-rated and deficit employer. The training tax shall be 42 due and payable at the same time and in the same manner as contributions. This 43 subsection is repealed effective January 1, 2007, unless, prior to that date, 44 the Idaho legislature approves the continuation of this subsection by repeal 45 of this sunset clause. 46 (5) The provisions of this chapter which apply to the payment and collec- 47 tion of contributions also apply to the payment and collection of the train- 48 ing tax, including the same calculations, assessments, method of payment, pen- 49 alties, interest, costs, liens, injunctive relief, collection procedures and 50 refund procedures. In the administration of the provisions of this section, 51 the director is granted all rights, authority, and prerogatives granted under 52 the provisions of this chapter. Moneys collected from an employer delinquent 53 in paying contributions, reserve taxes and the training tax shall first be 54 applied to any penalty and interest imposed pursuant to the provisions of this 55 chapter and shall then be applied pro rata to delinquent contributions to the 7 1 employment security fund, section 72-1346, Idaho Code, delinquent reserve 2 taxes to the reserve fund, section 72-1347A, Idaho Code, and delinquent train- 3 ing taxes to the training fund. Any interest and penalties collected pursuant 4 to this subsection shall be paid into the state employment security adminis- 5 trative and reimbursement fund, section 72-1348, Idaho Code, and any interest 6 or penalties refunded under this subsection shall be paid out of that same 7 fund. Training taxes paid pursuant to this section shall not be credited to 8 the employer's experience rating account and may not be deducted by any 9 employer from the wages of individuals in its employ. All training taxes shall 10 be deposited in the clearing account of the employment security fund, section 11 72-1346, Idaho Code, for clearance only and shall not become part of such 12 fund. After clearance, the moneys shall be deposited in the training fund 13 established in subsection (1) of this section. 14 (6) Administrative costs related to the training fund shall be paid from 15 the training fund in accordance with subsection (3) of this section. 16 SECTION 7. That Section 72-1349, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 72-1349. PAYMENT OF CONTRIBUTIONS. (1) Contributions shall be paid on 19 taxable wages for each calendar year equal to the amount determined in accor- 20 dance with section 72-1350(1), Idaho Code. Contributions on wages paid to an 21 individual under another state unemployment insurance law, or paid by an 22 employer's predecessor during the calendar year, shall be counted in complying 23 with this provision. 24 (2) Contributions shall accrue and become payable by each covered 25 employer for each calendar quarter with respect to wages for covered employ- 26 ment. Such contributions shall become due and be paid by each covered employer 27 to the director for the employment security fund and shall not be deducted 28 from the wages of individuals employed by such employer. All moneys required 29 to be paid by a covered employer pursuant to this chapter shall immediately, 30 upon becoming due and payable, become or be deemed money belonging to the 31 state, and every covered employer shall hold or be deemed to hold said money 32 separately, aside, or in trust from any other funds, moneys or accounts, for 33 the state of Idaho for payment in the manner and at the times provided by law. 34 (3) The contributions payable by each covered employer, with respect to 35 covered employment, accruing in each calendar quarter, shall be paid on or 36 before the last day of the month following the close of said calendar quarter. 37 (4) The director may, for good cause shown by a covered employer, extend 38 the time for payment of his contributions or any part thereof, but no such 39 extension of time shall postpone the due date more than sixty (60) days. Con- 40 tributions with respect to which an extension of time for payment has been 41 granted shall be paid on or before the last day of the period of the exten- 42 sion. 43 (5) Whenever it appears to be essential to the proper administration of 44 this chapter that collection of the contributions of a covered employer must 45 be made more often than quarterly, the director shall have authority to demand 46 payment of the contributions forthwith. 47 (6) In accordance with rules the director may prescribe, any person or 48 persons entering into a formal contract with the state, any county, city, 49 town, school or irrigation district, or any quasi public corporation of the 50 state, for the construction, alteration, or repair of any public building or 51 public work, the contract price of which exceeds the sum of one thousand dol- 52 lars ($1,000) may be required before commencing such work, to execute a surety 53 bond in an amount sufficient to cover contributions when due. If the director, 8 1 who shall approve said bond, determines that said bond has become insuffi- 2 cient, he may require that a new bond be provided in the amount he directs. 3 Failure on the part of the employer covered by the bond to pay the full amount 4 of his contributions when due shall render the surety liable on said bond as 5 though the surety was the employer and subject to the other provisions of this 6 chapter. 7 (7) In the payment of any contributions a fractional part of a dollar 8 shall be disregarded unless it amounts to fifty cents (50¢) or more, in which 9 case it shall be increased to one dollar ($1.00). 10 SECTION 8. That Section 72-1350, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 72-1350. TAXABLE WAGE BASE AND TAXABLE WAGE RATES. (1) All remuneration 13 for personal services as defined in section 72-1328, Idaho Code, equal to the 14 average annual wage in covered employment for the penultimate calendar year, 15 rounded to the nearest multiple of one hundred dollars ($100), or the amount 16 of taxable wage base specified in the federal unemployment tax act, whichever 17 is higher, shall be the taxable wage base for purposes of this chapter.Pro-18vided however, and notwithstanding any other provision of the employment secu-19rity law to the contrary, for calendar years 2003 and 2004 the taxable wage20base shall be twenty-seven thousand six hundred dollars ($27,600), which was21the taxable wage base in effect for calendar year 2002.22 (2) Prior to December 31 of each year, the director shall determine the 23 taxable wage rates for the following calendar year for aAll covered employers, 24 exceptthose eligible and electing thecost reimbursementpayment method,25shall be assigned taxable wage rates annually by the directoremployers, in 26 accordance withthe followingthis section, provided however, and notwith- 27 standing any other provision of the employment security law to the contrary, 28 for calendar years 20035 and 20046, the taxable wage rates for all covered 29experience-ratedemployers except cost reimbursement employers shall be deter- 30 minedin accordance with schedule IIas follows: 31 (a) For calendar year 2005, the taxable wage rate shall be determined 32 using a base tax rate of one and fifty hundredths percent (1.50%); 33 (b) For calendar year 2006, the taxable wage rate shall be determined 34 using a base tax rate of one and sixty-seven hundredths percent (1.67%) 35 unless, at any time prior to September 30, 2005, the actual balance in the 36 employment security fund, section 72-1346, Idaho Code, is fifty percent 37 (50%) or less than the actual balance in the reserve fund, section 38 72-1347A, Idaho Code, in which case the taxable wage rate shall be deter- 39 mined using a base tax rate calculated in accordance with subsection (5) 40 of this section. 41 (3)A desired employment security fund sizeAn average high cost ratio 42 shall be determinedfor each calendar yearby calculatingfrom the penultimate43year,theten (10) yearaverage ofannualthe three (3) highest benefits paid44to wages covered, multiplied by one and one-half (1.5)cost rates in the 45 twenty (20) year period ending with the preceding year. For the purposes of 46 this section, the "benefit cost rate" is the total annual benefits paid, 47 including the state's share of extended benefits but excluding the federal 48 share of extended benefits and cost reimbursable benefits, divided by the 49 total annual covered wages excluding cost reimbursable wages. The resulting 50 average high cost ratio, when applied to the covered wages of the penultimate51year, representsis multiplied by the desired fund size. This calculationmul- 52 tiplier of eight-tenths (0.8), and the result, for the purposes of this sec- 53 tion, ishereafterreferred to as the "average high cost multiple" (AHCM). 9 1 (4) TheACM shall be the ratio at the top of taxable wage rate schedule V2as provided in subsection (7) of this section, and all other ratios for sched-3ules I through IX are adjusted up or down from schedule V in equal increments4of .005.5(5) The taxable wage rate schedule for each calendar yearfund balance 6 ratio shall be determined bycomparing the ratio ofdividing the actual bal- 7 ance of the employment security fund, section 72-1346, Idaho Code, and the 8 reserve fund, section 72-1347A, Idaho Code, on September 30, toof the current 9 calendar year by the wagescoveredpaid by all covered employers in Idaho, 10 except cost reimbursement employers, in thepenultimatepreceding calendar 11 year.against the taxable wage schedule ratios as provided in subsection (4)12of this section.13 (5) The base tax rate shall be determined as follows: 14 (a) Divide the fund balance ratio by the AHCM; 15 (b) Subtract the quotient obtained from the calculation in paragraph 16 (5)(a) of this section from the number two (2); 17 (c) Multiply the remainder obtained from the calculation in paragraph 18 (5)(b) of this section by two and one-tenth percent (2.1%). The product 19 obtained from this calculation shall equal the base tax rate, provided 20 however, that the base tax rate shall not be less than sixty-three hun- 21 dredths percent (0.63%) and shall not exceed three and thirty-six hun- 22 dredths percent (3.36%). 23 (6) Theratios computed for each taxable wage rate schedule as provided24inbase tax rate calculated in accordance with subsection (45) of this section 25 shall beplaced with their appropriate schedule at the top of the columnsused 26 to determine the taxable wage rate effective the following calendar year for 27 all covered employers except cost reimbursement employers as provided in sub- 28 sections (7) and (8) of this section, and shall represent the minimum fund29level required for the specific schedule to be in effect. 10
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11 1 Cumulative Taxable Payroll Limits Eligible Employers 2 More Than Equal to Minimum Maximum 3 (% of or Less Than Taxable Taxable 4 Rate Taxable (% of Taxable Tax Wage Wage 5 Class Payroll) Payroll) Factor Rate Rate 6 1 -- 12 0.2857 0.180% 0.960% 7 2 12 24 0.4762 0.300% 1.600% 8 3 24 36 0.5714 0.360% 1.920% 9 4 36 48 0.6667 0.420% 2.240% 10 5 48 60 0.7619 0.480% 2.560% 11 6 60 72 0.8571 0.540% 2.880% 12 7 72 -- 0.9524 0.600% 3.200% 13 Standard-Rated Employers 14 Minimum Maximum 15 Taxable Taxable 16 Tax Wage Wage 17 Factor Rate Rate 18 1.000 1.000% 3.360% 19 Cumulative Taxable Payroll Limits Deficit Employers 20 More Than Equal to Minimum Maximum 21 (% of or Less Than Taxable Taxable 22 Rate Taxable (% of Taxable Tax Wage Wage 23 Class Payroll) Payroll) Factor Rate Rate 24 -1 -- 30 1.7143 1.080% 4.800% 25 -2 30 50 1.9048 1.200% 5.200% 26 -3 50 65 2.0952 1.320% 5.600% 27 -4 65 80 2.2857 1.440% 6.000% 28 -5 80 95 2.6667 1.680% 6.400% 29 -6 95 -- 2.6667 5.400% 6.800% 30 (8) Each covered employer, except cost reimbursement employers, will be 31 assigned a taxable wage ratefrom the effective taxable wage rate schedule for32eligible, standard-rated and deficit employers, based upon the employer's33experience as determined under the provisions of sections 72-1319, 72-1319A,3472-1319B and 72-1351, Idaho Code.and a contribution rate as follows: 35 (a) Each employer, except standard-rated employers, will be assigned to 36 one (1) of the rate classes for eligible and deficit employers provided in 37 subsection (7) of this section based upon the employer's experience as 38 determined under the provisions of sections 72-1319, 72-1319A, 72-1351 and 39 72-1351A, Idaho Code. 40 (b) For each rate class provided in subsection (7) of this section, the 41 department will multiply the base tax rate determined in accordance with 42 subsection (5) of this section by the tax factor listed for that rate 43 class in the table provided in subsection (7) of this section. The product 44 obtained from this calculation shall be the taxable wage rate for employ- 45 ers assigned to that rate class, provided however, that the taxable wage 46 rate shall not be less than the minimum taxable wage rate assigned to that 47 rate class and shall not exceed the maximum taxable wage rate assigned to 48 that rate class in the table provided in subsection (7) of this section. 49 (c) For standard-rated employers, the department will multiply the base 50 tax rate determined in accordance with subsection (5) of this section by 51 the tax factor listed for standard-rated employers in the table provided 52 in subsection (7) of this section. The product obtained from this calcula- 53 tion shall be the taxable wage rate for standard-rated employers, provided 12 1 however, that the taxable wage rate shall not be less than the minimum 2 taxable wage rate assigned to standard-rated employers and shall not 3 exceed the maximum taxable wage rate assigned to standard-rated employers 4 in the table provided in subsection (7) of this section. 5 (d) Deficit employers who have been assigned a taxable wage rate from 6 deficit rate class six will be assigned contribution rates equal to their 7 taxable wage rate. 8 (be) All other eligible, standard-rated and deficit employers will be 9 assigned contribution rates equal to ninety-seven percent (97%) of their 10 taxable wage rate. Provided however, that for each calendar year a reserve 11 tax is imposed pursuant to section 72-1347A, Idaho Code, the contribution 12 rates for employers assigned contribution rates pursuant to this paragraph 13 shall be eighty percent (80%) of their taxable wage rate. 14 (9) Each employer shall be notified of his taxable wage rate as deter- 15 mined for any calendar year pursuant to this section and section 72-1351, 16 Idaho Code. Such determination shall become conclusive and binding upon the 17 employer, unless within fourteen (14) days after delivery or mailing of the 18 notice thereof to his last known address, the employer files an application 19 for redetermination, setting forth his reasons therefor. Reconsideration shall 20 be limited to transactions occurring subsequent to any previous determination 21 which has become final. The employer shall be promptly notified of the rede- 22 termination, which shall become final unless an appeal is filed within four- 23 teen (14) days after delivery or mailing of notice to his last known address. 24 Proceedings on the appeal shall be in accordance with the provisions of sec- 25 tion 72-1361, Idaho Code. 26 SECTION 9. That Section 72-1351, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 72-1351. EXPERIENCE RATING. (1) Subject to the other provisions of this 29 chapter, each eligible and deficit employer's (except cost reimbursement 30 employers) taxable wage rate shall be determined in the manner set forth below 31 for each calendar year: 32 (a) (i) Each eligible employer shall be given an "experience factor" 33 which shall be the ratio of excess of contributions over benefits 34 paid on the employer's account since December 31, 1939, to his aver- 35 age annual taxable payroll rounded to the next lower dollar amount 36 for the four (4) fiscal years immediately preceding the computation 37 date, except that when an employer first becomes eligible, his 38 "experience factor" will be computed on his average annual taxable 39 payroll for the two (2) fiscal years or more, but not to exceed four 40 (4) fiscal years, immediately preceding the computation date. The 41 computation of such "experience factor" shall be to six (6) decimal 42 places. 43 (ii) Each deficit employer shall be given a "deficit experience fac- 44 tor" which shall be the ratio of excess of benefits paid on the 45 employer's account over contributions since December 31, 1939, to his 46 average annual taxable payroll rounded to the next lower dollar 47 amount for one (1) or more fiscal years, but not to exceed four (4) 48 fiscal years, for which he had covered employment ending on the com- 49 putation date; provided, however, that any employer who on any compu- 50 tation date has a "deficit experience factor" for the period immedi- 51 ately preceding such computation date but who has filed all reports, 52 paid all contributions and penalties due on or before the cut-off 53 date, and has during the last four (4) fiscal years paid contribu- 13 1 tions at a rate of not less than the standard rate applicable for 2 each such year and in excess of benefits charged to his experience 3 rating account during such years, shall have any balance of benefits 4 charged to his account which on the computation date immediately pre- 5 ceding such four (4) fiscal years were in excess of contributions 6 paid, deleted from his account, and the excess benefits so deleted 7 shall not be considered in the computation of his taxable wage rate 8 for the rate years following such four (4) fiscal years. For the rate 9 year following such computation date, he shall be given the standard 10 rate for that year. 11 (iii) In the event an employer's coverage has been terminated because 12 he has ceased to do business or because he has not had covered 13 employment for a period of four (4) years, and if said employer 14 thereafter becomes a covered employer, he will be considered as 15 though he were a new employer, and he shall not be credited with his 16 previous experience under this chapter for the purpose of computing 17 any future "experience factor." 18 (b) Schedules shall be prepared listing all eligible employers in inverse 19 numerical order of their experience factors, and all deficit employers in 20 numerical order of their deficit experience factors. There shall be listed 21 on such schedules for each such employer in addition to the experience 22 factor (i) the amount of his taxable payroll for the fiscal year ending on 23 the computation date, and (ii) a cumulative total consisting of the sum of 24 such employer's taxable payroll for the fiscal year ending on the computa- 25 tion date and the corresponding taxable payrolls for all other employers 26 preceding him on such schedules. 27 (c) The cumulative taxable payroll amounts listed on the schedules pro- 28 vided for in paragraph (b) of this subsection shall be segregated into 29 groups whose limits shall be those set out in the tableof schedules of30taxable wage rates,provided in section 72-1350(7), Idaho Code. Each of 31 such groups shall be identified by the rate class number listed in the 32 table which represents the percentage limits of each group. Each employer 33 on the schedules shall be assignedthea taxable wage rateopposite his34rate class for the tax schedule in effect for the taxable yearin accor- 35 dance with section 72-1350, Idaho Code. 36 (d) (i) If the grouping of rate classes requires the inclusion of 37 exactly one-half (1/2) of an employer's taxable payroll, the employer 38 shall be assigned the lower of the two (2) rates designated for the 39 two (2) classes in which the halves of his taxable payroll are so 40 required. 41 (ii) If the group of rate classes requires the inclusion of a por- 42 tion other than exactly one-half (1/2) of an employer's taxable pay- 43 roll, the employer shall be assigned the rate designated for the 44 class in which the greater part of his taxable payroll is so 45 required. 46 (iii) If one (1) or more employers on the schedules have experience 47 factors identical to that of the last employer included in a particu- 48 lar rate class, all such employers shall be included in and assigned 49 the taxable wage rate specified for such class, notwithstanding the 50 provisions of paragraph (c) of this subsection. 51 (e) If the taxable payroll amount or the experience factor or both such 52 taxable payroll amount and experience factor of any eligible or deficit 53 employer listed on the schedules is changed, the employer shall be placed 54 in that position on the schedules which he would have occupied had his 55 taxable payroll amount and/or experience factor as changed been used in 14 1 determining his position in the first instance, but such change shall not 2 affect the position or rate classification of any other employer listed on 3 the schedules and shall not affect the rate determination for previous 4 years. 5 (2) For experience rating purposes, all previously accumulated benefit 6 charges to covered employers' accounts, except cost reimbursement employers, 7 shall not be changed except as provided by this chapter. Benefits paid prior 8 to June 30 shall, as of June 30 of each year preceding the calendar year for 9 which a covered employer's taxable wage rate is effective, be charged to the 10 account of the covered employer, except cost reimbursement employers, who paid 11 the largest individual amount of base period wages as shown on the determina- 12 tion used as the basis for the payment of such benefits, except that no charge 13 shall be made to the account of such covered employer with respect to benefits 14 paid under the following situations: 15 (a) If paid to a worker who terminated his services voluntarily without 16 good cause attributable to such covered employer, or who had been dis- 17 charged for misconduct in connection with such services; 18 (b) If paid in accordance with the provisions of section 72-1368(10), 19 Idaho Code, and the decision to pay benefits is subsequently reversed;or20 (c) For that portion of benefits paid to multistate claimants pursuant to 21 section 72-1344, Idaho Code, which exceeds the amount of benefits that 22 would have been charged had only Idaho wages been used in paying the 23 claim; 24 (d) If paid in accordance with the extended benefit program triggered by 25 either national or state indicators; 26 (e) If paid to a worker who continues to perform services for such cov- 27 ered employer without a reduction in his customary work schedule, and who 28 is eligible to receive benefits due to layoff or a reduction in earnings 29 from another employer. 30 (3) A covered employer whose experience rating account is chargeable, as 31 prescribed by this section, is an interested party as defined in section 32 72-1323, Idaho Code. A determination of chargeability shall become final 33 unless, within fourteen (14) days after notice as provided in section 34 72-1368(5), Idaho Code, an appeal is filed by an interested party with the 35 department in accordance with the department's rules. 36 (4) An experience rating record shall be maintained for each covered 37 employer. The record shall be credited with all contributions which the cov- 38 ered employer has paid for covered employment prior to the cut-off date, pur- 39 suant to the provisions of this and preceding acts, and which covered employ- 40 ment occurred prior to the computation date. The record shall also be charged 41 with the amount of benefits paid which are chargeable to the covered 42 employer's account as provided by the appropriate provisions of the employment 43 security law and regulations thereunder in effect at the time such benefits 44 were paid. Nothing in this section shall be construed to grant any covered 45 employer or individual in his service a priority with respect to any claim or 46 right because of amounts paid by such covered employer into the employment 47 security fund. 48 (45) (a) Whenever any individual or type of organization (whether or not 49 a covered employer within the meaning of section 72-1315, Idaho Code) in 50 any manner succeeds to, or acquires all or substantially all, of the busi- 51 ness of an employer who at the time of acquisition was a covered employer, 52 and in respect to whom the director finds that the business of the prede- 53 cessor is continued solely by the successor, the separate experience rat- 54 ing account of the predecessor shall, upon the joint application of the 55 predecessor and the successor within the one hundred eighty (180) days 15 1 after such acquisition and approval by the director, be transferred to the 2 successor employer for the purpose of determining such successor's liabil- 3 ity and taxable wage rate and any successor who was not an employer on the 4 date of acquisition shall as of such date become a covered employer as 5 defined in this chapter. Such one hundred eighty (180) day period may be 6 extended at the discretion of the director. The transfer of the 7 predecessor's experience rating account as of the last computation date to 8 the successor shall be mandatory if the management or ownership or control 9 is substantially the same for the successor as for the predecessor and 10 there is a continuity of business activity by the successor. 11 (b) Whenever any individual or type of organization, whether or not a 12 covered employer within the meaning of section 72-1315, Idaho Code, in any 13 manner succeeds to, or acquires, part of the business of an employer who 14 at the time of acquisition was a covered employer, and such portion of the 15 business is continued by the successor, so much of the separate experience 16 rating account of the predecessor as is attributable to the portion of the 17 business transferred, as determined on a pro rata basis in the same ratio 18 that the wages of covered employees properly allocable to the transferred 19 portion of the business bears to the payroll of the predecessor in the 20 last four (4) completed calendar quarters immediately preceding the date 21 of transfer, shall, upon the joint application of the predecessor and the 22 successor within one hundred eighty (180) days after such acquisition and 23 approval by the director, be transferred to the successor employer for the 24 purpose of determining such successor's liability and taxable wage rate 25 and any successor who was not an employer on the date of acquisition shall 26 as of such date become a covered employer as defined in this chapter. Such 27 one hundred eighty (180) day period may be extended at the discretion of 28 the director. The transfer of the predecessor's experience rating account 29 as of the last computation date to the successor shall be mandatory if the 30 management or ownership or control is substantially the same for the suc- 31 cessor as for the predecessor and there is a continuity of business activ- 32 ity by the successor. Whenever such mandatory transfer involves only a 33 portion of the experience rating record, and the predecessor or successor 34 employers fail within ten (10) days after notice to supply the required 35 payroll information, the transfer shall be based on estimates of the allo- 36 cable payrolls. 37 (c) (i) If the successor was a covered employer prior to the date 38 of the acquisition of all or a part of the predecessor's business his 39 taxable wage rate, effective the first day of the calendar quarter 40 immediately following the date of acquisition, shall be a newly com- 41 puted rate based on the combined experience of the predecessor and 42 successor, the resulting rate remaining in effect the balance of the 43 rate year. 44 (ii) If the successor was not a covered employer prior to the date 45 of the acquisition of all or a part of the predecessor's business, 46 his rate shall be the rate applicable to the predecessor with respect 47 to the period immediately preceding the date of acquisition, but if 48 there were more than one (1) predecessor the successor's rate shall 49 be a newly computed rate based on the combined experience of the pre- 50 decessors, becoming effective immediately after the date of acquisi- 51 tion, and shall remain in effect the balance of the rate year. 52 (d) For purposes of this section, an employer's experience rating account 53 shall consist of the actual contribution, benefit and taxable payroll 54 experience of the employer and any amounts due from the employer under 55 this chapter. When a transferred experience rating account includes 16 1 amounts due from the employer under this chapter, both the predecessor 2 employer and the successor employer shall be jointly and severally liable 3 for those amounts. 4 SECTION 10. That Section 72-1354, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 72-1354. PENALTY ON UNPAID AMOUNTS. If any amounts due under this chapter 7 are not paid by any covered employer on or before the date on which they are 8 due, such amounts shall bear penalty at the rate oftwofour percent (24%) or 9tentwenty dollars ($120.00), whichever is the larger, for each month or frac- 10 tion thereof until paid; provided, that in no case shall the penalty exceed 11 the actual amounts due. The date of payment shall be deemed the date of actual 12 receipt by the director, or if mailed, the date of mailing. Penalties col- 13 lected pursuant to this section shall be paid into the state employment secu- 14 rity administrative and reimbursement fund as established by section 72-1348, 15 Idaho Code. At the discretion of the director, the department may compromise 16 the amount of penalty collected pursuant to this section if the employer shows 17 he had good cause for failing to timely pay contributions. 18 SECTION 11. That Section 72-1359, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 72-1359. JEOPARDY ASSESSMENTS. If the director determines that the col- 21 lection of any amounts due from any covered employer under the provisions of 22 this chapter will be jeopardized by delay, he may, whether or not the time 23 prescribed by this chapter or any rules issued pursuant thereto for making 24 reports and payments has expired, determine, on the basis of available infor- 25 mation, the wages paid by such employer for covered employment and declare the 26 amount due thereon immediately payable, and shall give written notice of such 27 declaration to such employer. Any amounts, including penalty and interest, 28 that are contained in such written declaration shall be subject to immediate 29 seizure pursuant to section 72-1360A, Idaho Code, as well as through any other 30 collection procedures allowed under law. Such jeopardy assessment shall become 31 conclusive and binding upon the employer unless, wWithin fourteen (14) days 32 after the mailing of such declaration to the last known address of such 33 employer or in the absence of such mailing, within fourteen (14) days after 34 personal deliverythereofupon the employer, the employermayfiles an appeal 35 to the department setting forth grounds for such appeal. In such cases, the 36 right of appeal shall be conditioned upon the payment of the amount declared 37 to be due, less any amount already collected, or upon giving appropriate secu- 38 rity to the director for the payment thereof. Proceedings on such appeals 39 shall be in accordance with the provisions of section 72-1361, Idaho Code. 40 SECTION 12. That Section 72-1360, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 72-1360. LIENS. (1) Upon the failure of any person to pay any amount when 43 due under this chapter, including the failure to repay overpayments as that 44 term is defined in section 72-1369, Idaho Code, the director may file with the 45 office of the secretary of state, as provided in chapter 19, title 45, Idaho 46 Code, a notice of lien. 47 (2) Upon delivery to the secretary of state, the notice of lien shall be 48 filed and maintained in accordance with chapter 19, title 45, Idaho Code. When 49 such notice is duly filed, all amounts due shall constitute a lien upon the 17 1 entire interest, legal or equitable, in any property of such person, real or 2 personal, tangible or intangible, not exempt from execution, situated in the 3 state. Such lien may be enforced by the director or by any sheriff of the var- 4 ious counties in the same manner as a judgment of the district court duly 5 docketed and the amount secured by the lien shall bear interest at the rate of 6the state statutory legal limit on judgmentsone and one-half (1 1/2) times 7 the rate computed for judgments pursuant to section 28-22-104(2), Idaho Code, 8 in effect on January 1 of the year in which the lien is filed, rounded up to 9 the nearest one-eighth percent (1/8%). The foregoing remedy shall be in addi- 10 tion to all other remedies provided by law. The amount of interest collected 11 pursuant to this section may be compromised at the discretion of the director 12 when such compromise is in the best interest of the department. 13 (3) In any suit or action involving the title to real or personal prop- 14 erty against which the state has a perfected lien, the state shall be made a 15 party to such suit or action. 16 SECTION 13. That Section 72-1366, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 72-1366. PERSONAL ELIGIBILITY CONDITIONS. The personal eligibility condi- 19 tions of a benefit claimant are that: 20 (1) The claimant shall have made a claim for benefits and provided all 21 necessary information pertinent to eligibility. 22 (2) The claimant shall have registered for work and thereafter reported 23 to a job service office or other agency in a manner prescribed by the direc- 24 tor. 25 (3) The claimant shall have met the minimum wage requirements in his base 26 period as provided in section 72-1367, Idaho Code. 27 (4) During the whole of any week with respect to which he claims benefits 28 or credit to his waiting period, the claimant was: 29 (a) Aable to work, available for suitable work, and seeking work; pro- 30 vided, however, that no claimant shall be considered ineligible for fail- 31 ure to comply with the provisions of this subsection if: (i) such failure 32 is due toanthe claimant's illness or disability which occurs after he 33 has filed a claim and during such illness or disability, the claimant does 34 not refuse or miss suitable work that would have provided wages greater 35 than one-half (1/2) of the claimant's weekly benefit amount; or (ii)the36claimant, because ofsuch failure is due to compelling personal circum- 37 stance,is required to be absent from his normal labor market area,pro- 38 vided that suchabsencefailure does not exceed a minor portion of the 39 claimant's workweek and during which time the claimant does not refuse or 40 miss suitable work that would have provided wages greater than one-half 41 (1/2) of the claimant's weekly benefit amount; and 42 (b) Living in a state, territory, or country that is included in the 43 interstate benefit payment plan or that is a party to an agreement with 44 the United States or the director with respect to unemployment insurance. 45 (5) The claimant's unemployment is not due to the fact that he left his 46 employment voluntarily without good cause connected with his employment, or 47 that he was discharged for misconduct in connection with his employment. 48 (6) The claimant's unemployment is not due to his failure without good 49 cause to apply for available suitable work or to accept suitable work when 50 offered to him. The longer a claimant has been unemployed, the more willing he 51 must be to seek other types of work and accept work at a lower rate of pay. 52 (7) In determining whether or not work is suitable for an individual, the 53 degree of risk involved to his health, safety, morals, physical fitness, expe- 18 1 rience, training, past earnings, length of unemployment and prospects for 2 obtaining local employment in his customary occupation, the distance of the 3 work from his residence, and other pertinent factors shall be considered. No 4 employment shall be deemed suitable and benefits shall not be denied to any 5 otherwise eligible individual for refusing to accept new work or to hold him- 6 self available for work under any of the following conditions: 7 (a) If the vacancy of the position offered is due directly to a strike, 8 lockout, or other labor dispute; 9 (b) If the wages, hours, or other conditions of the work offered are 10 below those prevailing for similar work in the locality of the work 11 offered; 12 (c) If, as a condition of being employed, the individual would be 13 required to join a company union or to resign from or refrain from joining 14 any bona fide labor organization. 15 (8) No claimant who is otherwise eligible shall be denied benefits for 16 any week due to an inability to comply with the requirements contained in sub- 17 sections (4) and (6) of this section, if: 18 (a) The claimant is a participant in a program sponsored by title I of 19 the workforce investment act and attends a job training course under that 20 program; or 21 (b) The claimant attends a job training course authorized pursuant to the 22 provisions of section 236(a)(1) of the trade act of 1974 or the North 23 American free trade agreement implementation act. 24 (c) The claimant lacks skills to compete in the labor market and attends 25 a job training course with the approval of the director. The director may 26 approve job training courses that meet the following criteria: 27 (i) The purpose of the job training is to teach the claimant skills 28 that will enhance the claimant's opportunities for employment; and 29 (ii) The job training can be completed within one (1) year, except 30 that this requirement may be waived pursuant to rules that the direc- 31 tor may prescribe. 32 This subsection shall apply only if the claimant submits with each claim 33 report a written certification from the training facility that the claimant is 34 attending and satisfactorily completing the job training course, or demon- 35 strates good cause for failure to attend the job training. 36 (9) No claimant who is otherwise eligible shall be denied benefits under 37 subsection (5) of this section for leaving employment to attend job training 38 pursuant to subsection (8) of this section, provided that the claimant 39 obtained the employment after enrollment in or during scheduled breaks in the 40 job training course, or that the employment was not suitable. For purposes of 41 this subsection, the term "suitable employment" means work of a substantially 42 equal or higher skill level than the individual's past employment, and wages 43 for such work are not less than eighty percent (80%) of the average weekly 44 wage in the individual's past employment. 45 (10) A claimant shall not be eligible to receive benefits for any week 46 with respect to which it is found that his unemployment is due to a labor dis- 47 pute; provided, that this subsection shall not apply if it is shown that: 48 (a) The claimant is not participating, financing, aiding, abetting, or 49 directly interested in the labor dispute; and 50 (b) The claimant does not belong to a grade or class of workers with mem- 51 bers employed at the premises at which the labor dispute occurs, who are 52 participating in or directly interested in the dispute. 53 (11) A claimant shall not be entitled to benefits for any week with 54 respect to which or a part of which he has received or is seeking benefits 55 under an unemployment insurance law of another state or of the United States; 19 1 provided, that if the appropriate agency of such other state or of the United 2 States shall finally determine that he is not entitled to such unemployment 3 compensation or insurance benefits, he shall not by the provisions of this 4 subsection be denied benefits. For purposes of this section, a law of the 5 United States providing any payments of any type and in any amounts for 6 periods of unemployment due to involuntary unemployment shall be considered an 7 unemployment insurance law of the United States. 8 (12) A claimant shall not be entitled to benefits for a period of fifty- 9 two (52) weeks if it is determined that he has willfully made a false state- 10 ment or willfully failed to report a material fact in order to obtain bene- 11 fits. The period of disqualification shall commence the week the determination 12 is issued. The claimant shall also be ineligible for waiting week credit and 13 shall repay any sums received for a week in which the claimant willfully made 14 a false statement or willfully failed to report a material fact. The claimant 15 shall also be ineligible for waiting week credit or benefits for any week in 16 which he owes the department an overpayment, civil penalty, or interest 17 resulting from a determination that he willfully made a false statement or 18 willfully failed to report a material fact. 19 (13) A claimant shall not be entitled to benefits if his principal occupa- 20 tion is self-employment. 21 (14) A claimant who has been found ineligible for benefits under the pro- 22 visions of subsection (5), (6), (7) or (9) of this section shall reestablish 23 his eligibility by having obtained bona fide work and received wages therefor 24 in an amount of at leasttwelvefourteen (124) times his weekly benefit 25 amount. 26 (15) Benefits based on service in employment defined in sections 72-1349A 27 and 72-1352(3), Idaho Code, shall be payable in the same amount, on the same 28 terms and subject to the same conditions as benefits payable on the basis of 29 other service subject to this act. 30 (a) If the services performed during one-half (1/2) or more of any con- 31 tract period by an individual for an educational institution as defined in 32 section 72-1322B, Idaho Code, are in an instructional, research, or prin- 33 cipal administrative capacity, all the services shall be deemed to be in 34 such capacity. 35 (b) If the services performed during less than one-half (1/2) of any con- 36 tract period by an individual for an educational institution are in an 37 instructional, research, or principal administrative capacity, none of the 38 service shall be deemed to be in such capacity. 39 (c) As used in this section, "contract period" means the entire period 40 for which the individual contracts to perform services, pursuant to the 41 terms of the contract. 42 (16) No claimant is eligible to receive benefits in two (2) successive 43 benefit years unless, after the beginning of the first benefit year during 44 which he received benefits, he performed service and earned an amount equal to 45 not less than six (6) times the weekly benefit amount established during the 46 first benefit year. 47 (17) (a) Benefits based on wages earned for services performed in an 48 instructional, research, or principal administrative capacity for an edu- 49 cational institution shall not be paid for any week of unemployment com- 50 mencing during the period between two (2) successive academic years, or 51 during a similar period between two (2) terms, whether or not successive, 52 or during a period of paid sabbatical leave provided for in the 53 individual's contract, to any individual who performs such services in the 54 first academic year (or term) and has a contract to perform services in 55 any such capacity for any educational institution in the second academic 20 1 year or term, or has been given reasonable assurance that such a contract 2 will be offered. 3 (b) Benefits based on wages earned for services performed in any other 4 capacity for an educational institution shall not be paid to any individ- 5 ual for any week which commences during a period between two (2) succes- 6 sive school years or terms if the individual performs such services in the 7 first school year or term, and there is a contract or reasonable assurance 8 that the individual will perform such services in the second school year 9 or term. If benefits are denied to any individual under thissubparagraph 10 (b) and the individual was not offered an opportunity to perform such ser- 11 vices for the educational institution for the second academic year or 12 term, the individual shall be entitled to a retroactive payment of bene- 13 fits for each week for which the individual filed a timely claim for bene- 14 fits and for which benefits were denied solely by reason of this clause. 15 (c) With respect to any services described in paragraphs (a) and (b) of 16 this subsection (17), benefits shall not be paid nor "waiting week" credit 17 given to an individual for wages earned for services for any week which 18 commences during an established and customary vacation period or holiday 19 recess if the individual performed the services in the period immediately 20 before the vacation period or holiday recess, and there is a reasonable 21 assurance the individual will perform such services in the period immedi- 22 ately following such vacation period or holiday recess. 23 (d) With respect to any services described in paragraphs (a) and (b) of 24 this subsection (17), benefits shall not be payable on the basis of ser- 25 vices in any capacities specified in paragraphs (a), (b) and (c) of this 26 subsection (17) to any individual who performed such services in an educa- 27 tional institution while in the employ of an educational service agency. 28 For purposes of this paragraph the term "educational service agency" means 29 a governmental entity which is established and operated exclusively for 30 the purpose of providing such services to one (1) or more educational 31 institutions. 32 (18) Benefits shall not be payable on the basis of services which substan- 33 tially consist of participating in sports or athletic events or training or 34 preparing to participate, for any week which commences during the period 35 between two (2) successive sport seasons (or similar periods) if the individ- 36 ual performed services in the first season (or similar period) and there is a 37 reasonable assurance that the individual will perform such services in the 38 later of such season (or similar period). 39 (19) (a) Benefits shall not be payable on the basis of services performed 40 by an alien unless the alien was lawfully admitted for permanent residence 41 at the time such services were performed, was lawfully present for pur- 42 poses of performing such services, or was permanently residing in the 43 United States under color of law at the time the services were performed 44 (including an alien who was lawfully present in the United States as a 45 result of the application of the provisions of sections 207 and 208 or 46 section 212(d)(5) of the immigration and nationality act). 47 (b) Any data or information required of individuals applying for benefits 48 to determine eligibility under this subsection shall be uniformly required 49 from all applicants for benefits. 50 (c) A decision to deny benefits under this subsection must be based on a 51 preponderance of the evidence. 52 (20) An individual who has been determined to be likely to exhaust regular 53 benefits and to need reemployment services pursuant to a profiling system 54 established by the director must participate in those reemployment services 55 unless: 21 1 (a) The individual has completed such services; or 2 (b) There is justifiable cause, as determined by the director, for the 3 claimant's failure to participate in such services. 4 (21) (a) A claimant: 5 (i) Who has been assigned to work for one (1) or more customers of 6 a staffing service; and 7 (ii) Who, at the time of hire by the staffing service, signed a 8 written notice informing him that completion or termination of an 9 assignment for a customer would not, of itself, terminate the employ- 10 ment relationship with the staffing service; 11 will not be considered unemployed upon completion or termination of an 12 assignment until such time as he contacts the staffing service to deter- 13 mine if further suitable work is available. If the claimant: 14 (A) Contacts the staffing service and refuses a suitable work 15 assignment that is offered to him at that time, he will be con- 16 sidered to have voluntarily quit that employment; or 17 (B) Contacts the staffing service and the service does not have 18 a suitable work assignment for him, he will be considered unem- 19 ployed due to a lack of work; or 20 (C) Accepts new employment without first contacting the 21 staffing service for additional work, he will be considered to 22 have voluntarily quit employment with the staffing service. 23 (b) For the purposes of this subsection, the term "staffing service" 24 means any person who assigns individuals to work for its customers and 25 includes, but is not limited to, professional employers, as defined in 26 chapter 24, title 44, Idaho Code, and the employers of temporary employees 27 as defined in section 44-2403(7), Idaho Code. 28 SECTION 14. That Section 72-1367, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 72-1367. BENEFIT FORMULA. (1) To be eligible an individual shall have the 31 minimum qualifying amount of wages in covered employment in at least one (1) 32 calendar quarter of his base period, and shall have total base period wages of 33 at least one and one-quarter (1 1/4) times his high quarter wages. The minimum 34 qualifying amount of wages shall be determined eachJulyJanuary 1 and shall 35 equal fifty percent (50%) of the product of the state minimum wage, as defined 36 by section 44-1502, Idaho Code, multiplied by five hundred twenty (520) hours, 37 rounded to the lowest multiple of twenty-six (26). 38 (2) The weekly benefit amount shall be one twenty-sixth (1/26) of highest 39 quarter wages except that it shall not exceed the applicable maximum weekly 40 benefit amount. The maximum weekly benefit amount shall be established as fol- 41 lows: 42 (a) For calendar year 2006 and the calendar years thereafter, pPrior to 43June 30December 31 of each year, the director shallcomputedetermine the 44 state average weekly wage paid by covered employers for the preceding cal- 45 endar year and the maximum weekly benefit amount to be effective for new 46 claims filed in the first full week of the following January and filed 47 thereafter until a new maximum weekly benefit amount becomes effective 48 under this subsection (2). The maximum weekly benefit amount shall be 49sixty percent (60%)determined based on the following table, using a per- 50 centage of the state average weekly wage paid by covered employers for the 51 preceding calendar year and the base tax rate that has been calculated for 52 the following calendar year pursuant to section 72-1350, Idaho Code: 22 1 Maximum WBA Index 2 Base Tax Rate Average Weekly Wage 3 At Least Less Than Percentage 4 0.630% 0.840% 60% 5 0.840% 1.155% 59% 6 1.155% 1.470% 58% 7 1.470% 1.785% 57% 8 1.785% 2.100% 56% 9 2.100% 2.415% 55% 10 2.415% 2.730% 54% 11 2.730% 3.045% 53% 12 3.045% 3.360% 52% 13 (b) Effective for new claims filed in the first full week of July 2005, 14 and filed thereafter until the first full week of the following January, 15 the maximum weekly benefit amount shall be fifty-seven percent (57%) of 16 the state average weekly wage paid by covered employers for the preceding 17 calendar year. Prior to December 31, 2005, the director shall determine, 18 by using the table provided in subsection (2)(a) of this section, the max- 19 imum weekly benefit amount to be effective for new claims filed in the 20 first full week of the following January and filed thereafter until a new 21 maximum weekly benefit amount becomes effective under subsection (2)(a) of 22 this section. 23 (3) Any eligible individual shall be entitled during any benefit year to 24 a total amount of benefits equal to his weekly benefit amount times the number 25 of full weeks of benefit entitlement appearing in the following table based on 26 his ratio of total base period earnings to highest quarter base period earn- 27 ings. 28 Ratio of Total Base Period Full Weeks 29 Earnings to Highest Quarter of Benefit 30 Earnings Entitlement 31 At Least Less Than 32 1.25 1.50 10 33 1.50 1.75625 121 34 1.756252.001.750 142 352.001.7502.251.875 163 362.251.8752.502.00 184 372.502.002.752.1252015 38 2.751253.002.2502216 393.002.2503.252.3752417 403.252.375--2.5002618 41 2.500 2.625 19 42 2.625 2.750 20 43 2.750 2.875 21 44 2.875 3.000 22 45 3.000 3.125 23 46 3.125 3.250 24 47 3.250 3.500 25 48 3.500 -- 26 49 (4) If the total wages payable to an individual for less than full-time 50 work performed in a week claimed exceed one-half (1/2) of his weekly benefit 51 amount, the amount of wages that exceed one-half (1/2) of the weekly benefit 52 amount shall be deducted from the benefits payable to the claimant. For pur- 53 poses of this subsection, severance pay shall be deemed wages, even if the 23 1 claimant was required to sign a release of claims as a condition of receiving 2 the pay from the employer. "Severance pay" means a payment or payments made to 3 a claimant by an employer as a result of the severance of the employment rela- 4 tionship. 5 (5) Benefits payable to an individual shall be rounded to the next lower 6 full dollar amount. 7 SECTION 15. That Section 72-1369, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 72-1369. OVERPAYMENTS, CIVIL PENALTIES AND INTEREST -- COLLECTION AND 10 WAIVER. (1) Any person who received benefits to which he was not entitled 11 under the provisions of this chapter or under an unemployment insurance law of 12 any state or of the federal government shall be liable to repay the benefits 13 and the benefits shall, for the purpose of this chapter, be considered to be 14 overpayments.Overpayments shall be repaid as follows:15 (2) Civil penalties. The director shall assess the following monetary 16 penalties for each determination in which the claimant is found to have made a 17 false statement, misrepresentation, or failed to report a material fact to the 18 department: 19 (a) Twenty-five percent (25%) of any resulting overpayment for the first 20 determination; 21 (b) Fifty percent (50%) of any resulting overpayment for the second 22 determination; and 23 (c) One hundred percent (100%) of any resulting overpayment for the third 24 and any subsequent determination. 25 (a3) Any overpayment, civil penalty and/or interest which has not been 26 repaid may, in addition to or alternatively to any other method of collection 27 prescribed in this chapter, including the creation of a lien as provided by 28 section 72-1360, Idaho Code, be collected with interest thereon at thestatu-29toryratebyprescribed in section 72-1360(2), Idaho Code. The director may 30 also file a civil actionbroughtin the name of the state of Idaho. In bring- 31 ing such civil actions for the collection of overpayments, penalties and 32 interest, the director shall have all the rights and remedies provided by the 33 laws of this state, and any person adjudged liable in such civil action for 34 any overpayments shall pay the costs of such action.Such civil actions may be35commenced within the time periods specified in this section without regard to36any other statute of limitationsA civil action filed pursuant to this subsec- 37 tion (3) shall be commenced within five (5) years from the date of the final 38 determination establishing liability to repay. Any judgment obtained pursuant 39 to this section shall, upon compliance with the requirements of chapter 19, 40 title 45, Idaho Code, become a lien of the same type, duration and priority as 41 if it were created pursuant to section 72-1360, Idaho Code. 42 (b4) Collection of overpayments. 43 (ia) Overpayments, other than those resulting from a false statement, 44 misrepresentation, or failure to report a material fact by the claimant, 45 which have not been repaid or collected, may, at the discretion of the 46 director, be deducted from any future benefits payable to the claimant 47 under the provisions of this chapter;. Such overpayments not recovered 48 within five (5) years from the date of the final determination establish- 49 ing liability to repay may be deemed uncollectible. 50 (iib) Overpayments resulting from a false statement, misrepresentation, 51 orconcealment offailure to report a material fact by the claimant which 52 have not beenrepaid or collected shall be deducted from any benefits pay-53able at any time in the future, without regard to any statute of limita-24 1tion and such overpayments notrecovered within eight (8) years from the 2 date of the final determination establishing liability to repay may be 3 deemed uncollectible;. 4(iii) A civil action, filed pursuant to paragraph (a) of this subsec-5tion, to collect overpayments resulting from a false statement, mis-6representation, or concealment of a material fact by the claimant7must be commenced within eight (8) years from the date of the final8determination establishing liability to repay;9(c) Overpayments, other than those resulting from a false statement, mis-10representation or failure to report a material fact, not recovered within11five (5) years from the date of the final determination establishing lia-12bility to repay shall be deemed uncollectible, and a civil action filed13pursuant to paragraph (a) of this subsection, to collect such overpayments14must be commenced within the same five (5) year time period;15 (d5) The director may waive the requirement to repay an overpayment, 16described in paragraph (c) of this subsectionother than one resulting from a 17 false statement, misrepresentation, or failure to report a material fact by 18 the claimant, and interest thereon, if: 19 (a) Tthe benefit payments were made solely as a result of department 20 error or inadvertence,and made to a claimant whohad no way of knowing21that he was receiving benefits to which he was not entitledcould not rea- 22 sonably have been expected to recognize the error; orif23 (b) Ssuch payments were made solely as a result of an employer 24 misreporting wages earned in a claimant's base period,and made to a 25 claimant who could not reasonably have been expected to recognize an error 26 in the wages reported. The director, in his sole discretion, may also com- 27 promise a civil penalty assessed under subsection (2) of this section 28 and/or interest. 29(e) Any judgment obtained pursuant to this section shall, upon compliance30with the requirements of chapter 19, title 45, Idaho Code, become a lien31of the same type, duration, and priority as if it were created pursuant to32section 72-1360, Idaho Code.33 (26) Neither the director nor any of his agents or employees shall be 34 liable for benefits paid to persons not entitled to the same under the provi- 35 sions of this chapter if it appears that such payments have been made in good 36 faith and that ordinary care and diligence have been used in the determination 37 of the validity of the claim or claims under which such benefits have been 38 paid. 39 SECTION 16. That Chapter 13, Title 72, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 41 ignated as Section 72-1372, Idaho Code, and to read as follows: 42 72-1372. CIVIL PENALTIES. (1) The following civil penalties shall be 43 assessed by the director: 44 (a) If an employer willfully fails to file any report required by the 45 director or files a false report, a penalty equal to one hundred percent 46 (100%) of the amount that would be due if the employer had filed a correct 47 report or two hundred fifty dollars ($250), whichever is greater, shall be 48 added to the liability of the employer for each quarter for which the 49 employer failed to file a report or filed a false report. For the purposes 50 of this section, a false report includes, but is not limited to, a report 51 for a period wherein an employer pays remuneration for personal services 52 which meets the definition of "wages" under section 72-1328, Idaho Code, 53 and the payment is concealed, hidden, or otherwise not reported to the 25 1 department. 2 (b) If an employer, or any officer or agent or employee of the employer 3 with the employer's knowledge, willfully makes a false statement or repre- 4 sentation or willfully fails to report a material fact when submitting 5 facts to the department concerning a claimant's separation from the 6 employer, a penalty in an amount equal to ten (10) times the weekly bene- 7 fit amount of such claimant shall be added to the liability of the 8 employer. 9 (c) If an employer induces, solicits, or coerces an employee or former 10 employee to file a false or fraudulent claim for benefits under this chap- 11 ter, a penalty in an amount equal to ten (10) times the weekly benefit 12 amount of such employee or former employee shall be added to the liability 13 of the employer. 14 (d) If an employer fails to complete and submit an Idaho business regis- 15 tration form, as required by section 72-1337(1), Idaho Code, a penalty of 16 five hundred dollars ($500) shall be assessed against the employer. 17 (e) For purposes of paragraphs (b) and (c) of this subsection (1), the 18 term "weekly benefit amount" means the amount calculated pursuant to sec- 19 tion 72-1367(2), Idaho Code. 20 (2) At the discretion of the director, the department may waive all or 21 any part of the penalties imposed pursuant to this section if the employer 22 shows to the satisfaction of the director that it had good cause for failing 23 to comply with the requirements of this chapter and rules promulgated thereun- 24 der. 25 (3) Determinations imposing civil penalties pursuant to this section 26 shall be served in accordance with section 72-1368(5), Idaho Code. Penalties 27 imposed pursuant to this section shall be due and payable twenty (20) days 28 after the date the determination was served unless an appeal is filed in 29 accordance with section 72-1368, Idaho Code, and rules promulgated thereunder. 30 Such appeals shall be conducted in accordance with section 72-1368, Idaho 31 Code, and rules promulgated thereunder. 32 (4) Civil penalties imposed by this section shall be in addition to any 33 other penalties authorized by this chapter. The provisions of this chapter 34 that apply to the collection of contributions, and the rules promulgated 35 thereunder, shall also apply to the collection of penalties imposed pursuant 36 to this section. Amounts collected pursuant to this section shall be paid into 37 the state employment security administrative and reimbursement fund as estab- 38 lished by section 72-1348, Idaho Code. 39 SECTION 17. An emergency existing therefor, which emergency is hereby 40 declared to exist, Sections 3, 7, 8 and 9 of this act shall be in full force 41 and effect on and after passage and approval, and retroactively to January 1, 42 2005. 43 SECTION 18. Sections 1, 2, 4, 5, 6, 10, 11, 12, 13, 14, 15 and 16 of this 44 act shall be in full force and effect on and after July 1, 2005.
STATEMENT OF PURPOSE RS 14526c1 The Idaho Legislature has frozen Unemployment Insurance (UI) tax rates since 2002 at an average effective tax rate of 0.8%. This freeze saved Idaho businesses over $110 million during the last three years (2002 2004). The tax freeze ended on January 1, 2005, automatically increasing the average effective tax rate to 1.7%, a 113% increase. An increase in UI benefit payments during the recent recession leaves Idaho's UI Trust Fund with a balance of approximately $190 million (December 2004), down from over $330 million in 2001. During the last two years, UI Trust Funds in 10 other states were exhausted, forcing those states to borrow from the Federal government to pay UI benefits. These Federal loans will have to be repaid with interest, resulting in even greater UI taxes in those states. This legislation will: Replace the 113% average tax increase in 2005 with a 12.5% Create a new more responsive and equitable UI tax system to protect Idaho's UI Trust Fund from insolvency; Reduce a projected $344 million tax increase over the next six years to an estimated $72 million; Provide UI benefit savings of approximately $72 million over the next six years; Provide additional tools to collect delinquent UI taxes; Increase penalties for UI fraud; Cap the unencumbered balance of the Workforce Development Training Fund; and make housekeeping amendments. A UI Study Committee appointed by Director Roger Madsen in 2002 to review Idaho's entire UI system developed this legislation. Senator John Andreason and Representative Robert Schaefer serve as Co-Chairs of the 17-member committee, which has broad representation of legislators, business and organized labor. The legislation has an emergency clause to implement the smaller tax increases retroactively to January 1, 2005. This is possible because UI taxes are paid quarterly and the first quarter payment is not due until April 30, 2005. FISCAL IMPACT There will be no impact on the State General Fund. If this legislation is not enacted, Idaho's average effective UI tax rate will increase by 113% in 2005 from 0.8% to 1.7%. If Idaho experiences modest economic growth (2 2.5% annual employment expansion), the current law will increase taxes by an estimated $344 million over the next six years. If this legislation were adopted, under the same economic scenario, UI taxes would increase by approximately $72 million over the next six years. The legislation also would provide UI benefit savings of approximately $72 million over the next six years. CONTACT Name: Dwight Johnson Agency: Commerce and Labor, Dept. of Phone: 841-8833 STATEMENT OF PURPOSE/FISCAL IMPACT H 4