Alabama 2024 Regular Session

Alabama House Bill HB468 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB468INTRODUCED
2	2	Page 0
3	3	HB468
4	4	B8G74QJ-1
5	5	By Representatives Oliver, DuBose (N & P)
6	6	RFD: Commerce and Small Business
7	7	First Read: 18-Apr-24
8	8	1
9	9	2
10	10	3
11	11	4
12	12	5 B8G74QJ-1 04/16/2024 ANS (L)cr 2024-757
13	13	Page 1
14	14	First Read: 18-Apr-24
15	15	SYNOPSIS:
16	16	Under existing law, an unemployed individual
17	17	must make a reasonable and active effort to secure work
18	18	for which he or she is qualified to be eligible to
19	19	receive unemployment benefits. Reasonable and active
20	20	effort includes contacting at least three prospective
21	21	employers for each week of unemployment claimed.
22	22	This bill would increase the number of
23	23	prospective employers an unemployed individual must
24	24	contact for each week of unemployment claimed.
25	25	Also under existing law, an individual may be
26	26	disqualified for total or partial unemployment benefits
27	27	if the individual fails to apply for or accept
28	28	available suitable work.
29	29	This bill would provide for the meaning of
30	30	"failure to seek or accept suitable work."
31	31	This bill would also make nonsubstantive,
32	32	technical revisions to update the existing code
33	33	language to current style.
34	34	A BILL
35	35	TO BE ENTITLED
36	36	AN ACT
37	37	1
38	38	2
39	39	3
40	40	4
41	41	5
42	42	6
43	43	7
44	44	8
45	45	9
46	46	10
47	47	11
48	48	12
49	49	13
50	50	14
51	51	15
52	52	16
53	53	17
54	54	18
55	55	19
56	56	20
57	57	21
58	58	22
59	59	23
60	60	24
61	61	25
62	62	26
63	63	27
64	64	28 HB468 INTRODUCED
65	65	Page 2
66	66	Relating to unemployment compensation; to amend
67	67	Sections 25-4-77 and 25-4-78, Code of Alabama 1975, to
68	68	increase the number of prospective employers an unemployed
69	69	individual must contact to remain eligible for unemployment
70	70	compensation; to define terms; and to make nonsubstantive,
71	71	technical revisions to update the existing code language to
72	72	current style.
73	73	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
74	74	Section 1. Sections 25-4-77 and 25-4-78, Code of
75	75	Alabama 1975, are amended to read as follows:
76	76	"§25-4-77
77	77	(a) An unemployed individual shall be eligible to
78	78	receive benefits with respect to any week in a benefit year
79	79	which begins on or after January 1, 2023, only if the
80	80	secretary finds that he or she has met all of the following
81	81	criteria:
82	82	(1) Made a claim for benefits with respect to the week
83	83	in accordance with rules adopted by the secretary.
84	84	(2) Registered for work at, and subsequently continued
85	85	to report at, a state employment office in accordance with
86	86	rules adopted by the secretary as he or she may prescribe;
87	87	except, that the secretary may by rule waive or alter either
88	88	or both of the requirements of this subdivision as to
89	89	individuals attached to regular jobs and as to such other
90	90	types of cases or situations with respect to which he or she
91	91	finds that compliance with such requirements would be
92	92	oppressive or would be inconsistent with purposes of this
93	93	chapter.
94	94	29
95	95	30
96	96	31
97	97	32
98	98	33
99	99	34
100	100	35
101	101	36
102	102	37
103	103	38
104	104	39
105	105	40
106	106	41
107	107	42
108	108	43
109	109	44
110	110	45
111	111	46
112	112	47
113	113	48
114	114	49
115	115	50
116	116	51
117	117	52
118	118	53
119	119	54
120	120	55
121	121	56 HB468 INTRODUCED
122	122	Page 3
123	123	chapter.
124	124	(3) Is physically and mentally able to perform work of
125	125	a character which he or she is qualified to perform by past
126	126	experience or training, and is available for the work either
127	127	at a locality at which he or she earned wages for insured work
128	128	during his or her base period or at a locality where it may
129	129	reasonably be expected that the work may be available.
130	130	(4) Been totally or partially unemployed in the week.
131	131	(5) Made a reasonable and active effort to secure work
132	132	which he or she is qualified to perform by past experience and
133	133	training, unless the failure is because the individual is
134	134	before any court of the United States or any state pursuant to
135	135	a lawfully issued summons to appear for jury duty. "Reasonable
136	136	and active effort" means engaging in systematic and sustained
137	137	efforts to find work, including contacting at least threefive
138	138	prospective employers for each week of unemployment claimed.
139	139	The department shall require the claimant to provide proof of
140	140	work search efforts when filing his or her weekly
141	141	certification. A claimant's subsequent proof of work search
142	142	efforts may not include the same prospective employer, unless
143	143	the employer has indicated since the time of the initial
144	144	contact that the employer is hiring. The department shall
145	145	conduct random reviews of at least five percent of the work
146	146	search proof provided by claimants each week. The Governor by
147	147	executive order may suspend the work search requirement during
148	148	a state of emergency to the extent permissible by federal law.
149	149	For the purposes of this subdivision, the entitlement to
150	150	regular or extended benefits of any individual who is
151	151	determined not to be actively engaged in seeking work during
152	152	57
153	153	58
154	154	59
155	155	60
156	156	61
157	157	62
158	158	63
159	159	64
160	160	65
161	161	66
162	162	67
163	163	68
164	164	69
165	165	70
166	166	71
167	167	72
168	168	73
169	169	74
170	170	75
171	171	76
172	172	77
173	173	78
174	174	79
175	175	80
176	176	81
177	177	82
178	178	83
179	179	84 HB468 INTRODUCED
180	180	Page 4
181	181	determined not to be actively engaged in seeking work during
182	182	any week because of jury duty, shall be determined pursuant to
183	183	the provisions of subdivision (3) without regard to the
184	184	disqualification provisions otherwise applicable under Section
185	185	25-4-75(i)(1)b. and Section 25-4-75(i)(2). The term "jury
186	186	duty" as used in this subdivision means the performance of
187	187	service as a juror, during all periods of time an individual
188	188	is engaged in service as a juror, in any court of a state or
189	189	the United States pursuant to the law of the state or the
190	190	United States and the rules of the court in which the
191	191	individual is engaged in the performance of service as a
192	192	juror.
193	193	(6) During his or her base period, been paid wages for
194	194	insured work equal to or exceeding one and one-half times the
195	195	total of the wages for insured work paid to him or her in that
196	196	quarter of the base period in which the total wages were the
197	197	highest and in addition, qualifies for benefits under the
198	198	provisions of Section 25-4-72; provided, however, that no
199	199	otherwise eligible individual who has received benefits in a
200	200	preceding benefit year shall be eligible to receive benefits
201	201	in a succeeding benefit year unless and until the otherwise
202	202	eligible individual, subsequent to the beginning date of the
203	203	preceding benefit year, has worked in insured employment for
204	204	which work he or she earned wages equal to at least eight
205	205	times the weekly benefit amount established for the individual
206	206	in the preceding benefit year.
207	207	(7) Pursuant to Section 4 of Public Law 103-152, has
208	208	been selected and referred to reemployment services and
209	209	participates in reemployment services, such as job search
210	210	85
211	211	86
212	212	87
213	213	88
214	214	89
215	215	90
216	216	91
217	217	92
218	218	93
219	219	94
220	220	95
221	221	96
222	222	97
223	223	98
224	224	99
225	225	100
226	226	101
227	227	102
228	228	103
229	229	104
230	230	105
231	231	106
232	232	107
233	233	108
234	234	109
235	235	110
236	236	111
237	237	112 HB468 INTRODUCED
238	238	Page 5
239	239	participates in reemployment services, such as job search
240	240	assistance services, if the individual has been determined to
241	241	be likely to exhaust regular benefits and needs reemployment
242	242	services pursuant to a profiling system established by the
243	243	secretary, unless the secretary determines that the claimant
244	244	has completed reemployment services or there is justifiable
245	245	cause for his or her failure to participate in reemployment
246	246	services.
247	247	(b) Notwithstanding any of the provisions of
248	248	subdivision (a)(3), no otherwise eligible individual shall be
249	249	denied benefits for any week because he or she has met any of
250	250	the following criteria:
251	251	(1) Enrolled in a course of training with the approval
252	252	of the secretary. The approval of the secretary shall be
253	253	conditioned upon the following:
254	254	a. The individual's skills are obsolete or provide
255	255	minimal opportunities for employment.
256	256	b. Training is for an occupation for which there is a
257	257	substantial and recurring demand.
258	258	c. Training is not a course of education for credit
259	259	toward a degree.
260	260	d. The individual possesses aptitudes or skills that
261	261	can be supplemented by retraining within a reasonable time.
262	262	e. The individual produces satisfactory evidence of
263	263	continued attendance and satisfactory progress.
264	264	(2) Engaged in training approved by the secretary under
265	265	Section 236 (a)(1) of the Trade Act of 1974.
266	266	(3) Left work to enter training pursuant to subdivision
267	267	(2), provided that the work left is not suitable employment.
268	268	113
269	269	114
270	270	115
271	271	116
272	272	117
273	273	118
274	274	119
275	275	120
276	276	121
277	277	122
278	278	123
279	279	124
280	280	125
281	281	126
282	282	127
283	283	128
284	284	129
285	285	130
286	286	131
287	287	132
288	288	133
289	289	134
290	290	135
291	291	136
292	292	137
293	293	138
294	294	139
295	295	140 HB468 INTRODUCED
296	296	Page 6
297	297	(2), provided that the work left is not suitable employment.
298	298	For purposes of this subdivision, the term "suitable
299	299	employment" means with respect to an individual, work of a
300	300	substantially equal or higher skill level than the
301	301	individual's past adversely affected employment, as defined by
302	302	the Trade Act of 1974, and wages for such work at not less
303	303	than 80 percent of the individual's average weekly wage as
304	304	defined by the Trade Act of 1974.
305	305	(4) Become unavailable to work, failed to actively seek
306	306	work, or refused to accept work because he or she was in
307	307	training pursuant to subdivision (2).
308	308	(c) With respect to any week that begins prior to
309	309	January 1, 1989, an unemployed individual shall be eligible to
310	310	receive benefits as provided in this section prior to that
311	311	date.
312	312	(d) The provisions of subdivision (a)(5) shall be
313	313	applied only to any week that begins on or after January 1,
314	314	2023.
315	315	(e) The Department of Labor shall provide applicants
316	316	for unemployment with simple instructions on how to apply and
317	317	provide all required recurring certifications to continue to
318	318	receive benefits."
319	319	"§25-4-78
320	320	An individual shall be disqualified for total or
321	321	partial unemployment for under any of the following
322	322	circumstances:
323	323	(1) LABOR DISPUTE IN PLACE OF EMPLOYMENT. For anyAny
324	324	week in which an individual's total or partial unemployment is
325	325	directly due to a labor dispute still in active progress in
326	326	141
327	327	142
328	328	143
329	329	144
330	330	145
331	331	146
332	332	147
333	333	148
334	334	149
335	335	150
336	336	151
337	337	152
338	338	153
339	339	154
340	340	155
341	341	156
342	342	157
343	343	158
344	344	159
345	345	160
346	346	161
347	347	162
348	348	163
349	349	164
350	350	165
351	351	166
352	352	167
353	353	168 HB468 INTRODUCED
354	354	Page 7
355	355	directly due to a labor dispute still in active progress in
356	356	the establishment in which he or she is or was last employed.
357	357	For the purposes of this section only, the term "labor
358	358	dispute" includes any controversy concerning terms, tenure, or
359	359	conditions of employment, or concerning the association or
360	360	representation of persons in negotiating, fixing, maintaining,
361	361	changing, or seeking to arrange terms or conditions of
362	362	employment, regardless of whether the disputants stand in the
363	363	proximate relation of employer and employee. This definition
364	364	shall not relate to a dispute between an individual worker and
365	365	his or her employer.
366	366	(2) VOLUNTARILY QUITTING WORK. If anAn individual has
367	367	left his or her most recent bona fide work voluntarily without
368	368	good cause connected with such work.
369	369	a.1. However, anAn individual shall not be disqualified
370	370	if he or she was forced to leave work because he or she was
371	371	sick or disabled, and notified his or her employer of the fact
372	372	sickness or disability as soon as it was reasonably
373	373	practicable so to do, and returned to that employer and
374	374	offered himself or herself for work as soon as he or she was
375	375	again able to work; provided, however, this .
376	376	2. exception Subparagraph 1. shall not apply if the
377	377	employer had an established leave of absence policy covering
378	378	sickness or disability and:
379	379	(i) The individual fails failed to comply with the
380	380	samepolicy as soon as it iswas reasonably practicable to do
381	381	so; or
382	382	(ii) Upon the expiration of a leave of absence ,shall
383	383	failthe individual failed to return to the employer and offer
384	384	169
385	385	170
386	386	171
387	387	172
388	388	173
389	389	174
390	390	175
391	391	176
392	392	177
393	393	178
394	394	179
395	395	180
396	396	181
397	397	182
398	398	183
399	399	184
400	400	185
401	401	186
402	402	187
403	403	188
404	404	189
405	405	190
406	406	191
407	407	192
408	408	193
409	409	194
410	410	195
411	411	196 HB468 INTRODUCED
412	412	Page 8
413	413	failthe individual failed to return to the employer and offer
414	414	himself or herself for work, if the individual shall then be
415	415	was able to work, or if he or she iswas not then able to work,
416	416	he or she fails to so failed to notify his or her employer of
417	417	that fact his or her inability to work and failed to request
418	418	an extension of his or her leave of absence as soon as it is
419	419	was reasonably practicable so to do.
420	420	2. In case of doubt that an individual was sick or
421	421	disabled, or as to the duration of any such sickness or
422	422	disability, the
423	423	3. The secretary may, or if the employer requests it,
424	424	the secretary shall , require a doctor's certificate to
425	425	establish the fact or facts in doubt sickness or disability of
426	426	the individual.
427	427	3.4. An established leave of absence policy shall be
428	428	any leave of absence policy covering sickness and disability
429	429	communicated to the employee by the customary means used by
430	430	the employer for communicating with his or her employees.
431	431	4.b. Nothing herein in this section shall be construed
432	432	or interpreted as authorizing the payment of benefits to any
433	433	individual during, or for, unemployment due to sickness or
434	434	disability or during any period in which he or she is on a
435	435	leave of absence granted in accordance with an established
436	436	leave of absence policy, the duration of which leave was set
437	437	in accordance with his or her request or in accordance with a
438	438	collective bargaining agreement ; except, that if such . If the
439	439	leave of absence is on account of due to pregnancy and extends
440	440	beyond the tenth week following termination of such the
441	441	pregnancy, the individual shall not be denied benefits under
442	442	197
443	443	198
444	444	199
445	445	200
446	446	201
447	447	202
448	448	203
449	449	204
450	450	205
451	451	206
452	452	207
453	453	208
454	454	209
455	455	210
456	456	211
457	457	212
458	458	213
459	459	214
460	460	215
461	461	216
462	462	217
463	463	218
464	464	219
465	465	220
466	466	221
467	467	222
468	468	223
469	469	224 HB468 INTRODUCED
470	470	Page 9
471	471	pregnancy, the individual shall not be denied benefits under
472	472	this subdivision beyond such the tenth week if she has given
473	473	the employer three weeks' notice of her desire to return to
474	474	work, is then able and ability to work, and has not refused
475	475	reinstatement to a job which under subdivision (5) would be
476	476	deemed suitable for her pursuant to subdivision (5) .
477	477	b. c.1. When an individual is disqualified under this
478	478	subdivision:,
479	479	1. Hehe or she shall not be entitled to benefits for
480	480	the week in which the disqualifying event occurs or for any
481	481	subsequent week thereafter until he or she has:
482	482	(i) He or she has reentered Reentered insured employment
483	483	or employment of the nature described in subdivisions (5),
484	484	(6), (7), (8), (9), (10), or (18) of subsection (b) of Section
485	485	25-4-10(b)(5) through (10) or Section 25-4-10(b)(18) ; and
486	486	(ii) For which employment he or she has earned Earned
487	487	wages equal to at least 10 times his or her weekly benefit
488	488	amount for the benefit year in which such the disqualification
489	489	is assessed; and
490	490	(iii) He or she has been separated Separated from such
491	491	the employment under nondisqualifying conditions.
492	492	2. The total amount of benefits to which an individual
493	493	may otherwise be entitled as determined in accordance with
494	494	Sections 25-4-74 and 25-4-75 shall be reduced by an amount
495	495	equal to not less than three nor more than nine times his or
496	496	her weekly benefit amount.
497	497	3. For the purpose purposes of the experience rating
498	498	provisions of Section 25-4-54, no portion of the benefits
499	499	payable to an individual, based upon wages paid to him or her
500	500	225
501	501	226
502	502	227
503	503	228
504	504	229
505	505	230
506	506	231
507	507	232
508	508	233
509	509	234
510	510	235
511	511	236
512	512	237
513	513	238
514	514	239
515	515	240
516	516	241
517	517	242
518	518	243
519	519	244
520	520	245
521	521	246
522	522	247
523	523	248
524	524	249
525	525	250
526	526	251
527	527	252 HB468 INTRODUCED
528	528	Page 10
529	529	payable to an individual, based upon wages paid to him or her
530	530	for the period of employment ending with the separation to
531	531	which the disqualification applies, shall be charged to the
532	532	employer's experience rating account. If the individual has
533	533	been separated from employment other than his or her most
534	534	recent bona fide work under conditions which would have been
535	535	disqualifying under this subdivision (2) had the separation
536	536	been from his or her most recent bona fide work and the
537	537	employer answers a notice of payment within 15 days after it
538	538	is mailed to him or her detailing the facts in connection with
539	539	the separation, then no portion of any benefits paid to him or
540	540	her based upon wages for the period of employment ending in
541	541	such the separation shall be charged to the employer's
542	542	experience rating account.
543	543	4. Any other provision of this chapter to the contrary
544	544	notwithstanding, effective October 21, 2013 Notwithstanding any
545	545	other provision of law , the unemployment compensation account
546	546	of an employer shall be charged when the unemployment
547	547	compensation agency determines that an overpayment has been
548	548	made to a claimant as a result of both of the following: (i)
549	549	The the overpayment occurred because the employer, or an agent
550	550	of the employer, failed to respond timely or adequately to a
551	551	request from the unemployment compensation agency for
552	552	information relating to an unemployment compensation claim .;
553	553	and
554	554	(ii) The employer, or an agent of the employer, has
555	555	established a pattern of failing to respond timely or
556	556	adequately to a request from the unemployment compensation
557	557	agency for information relating to an unemployment
558	558	253
559	559	254
560	560	255
561	561	256
562	562	257
563	563	258
564	564	259
565	565	260
566	566	261
567	567	262
568	568	263
569	569	264
570	570	265
571	571	266
572	572	267
573	573	268
574	574	269
575	575	270
576	576	271
577	577	272
578	578	273
579	579	274
580	580	275
581	581	276
582	582	277
583	583	278
584	584	279
585	585	280 HB468 INTRODUCED
586	586	Page 11
587	587	agency for information relating to an unemployment
588	588	compensation claim on two or more occasions.
589	589	c.d. An individual shall not be disqualified if he or
590	590	she left his or her employment and immediately returned to
591	591	work with his or her regular employer or to employment in
592	592	which he or she had prior existing statutory or contractual
593	593	seniority or recall rights. When this exception is applied,
594	594	any benefits paid to the individual based upon wages paid for
595	595	that the period of employment immediately preceding the
596	596	separation to which the exception is applied, which have not
597	597	been heretofore charged to the employer's experience rating
598	598	account, shall not be charged to the account of the employer.
599	599	d.e. For separation occurring on or after August 1,
600	600	2012, an individual shall not be disqualified if he or she
601	601	left his or her employment to permanently relocate as a result
602	602	of his or her active duty military-connected spouse's
603	603	permanent change of station orders, activation orders, or unit
604	604	deployment orders. When this exception is applied, any
605	605	benefits paid to the individual based upon wages paid for that
606	606	period of employment immediately preceding the separation to
607	607	which the exception is applied, which have not been heretofore
608	608	charged to the employer's experience rating account, shall not
609	609	be charged to the account of the employer.
610	610	e.f. For the purposes of this subdivision determining
611	611	the most recent bona fide work under this subdivision and
612	612	subdivision (3) of this section , the secretary in determining
613	613	the most recent bona fide work shall only consider employment
614	614	of the nature described in subsection (a) of Section
615	615	25-4-10(a). The secretary shall also consider the duration of
616	616	281
617	617	282
618	618	283
619	619	284
620	620	285
621	621	286
622	622	287
623	623	288
624	624	289
625	625	290
626	626	291
627	627	292
628	628	293
629	629	294
630	630	295
631	631	296
632	632	297
633	633	298
634	634	299
635	635	300
636	636	301
637	637	302
638	638	303
639	639	304
640	640	305
641	641	306
642	642	307
643	643	308 HB468 INTRODUCED
644	644	Page 12
645	645	25-4-10(a). The secretary shall also consider the duration of
646	646	the most recent job or jobs, the intent of the individual and
647	647	his or her employer as to the permanence of such the work, and
648	648	whether separation from the immediately preceding employment
649	649	was under conditions which would be disqualifying in the event
650	650	such the immediately preceding employment should be determined
651	651	to be the most recent bona fide work.
652	652	(3) DISCHARGE FOR MISCONDUCT.
653	653	a. If anAn individual was discharged or removed from
654	654	his or her work for a dishonest or criminal act committed in
655	655	connection with his or her work or for, sabotage or, an act
656	656	endangering the safety of others or for, the use of illegal
657	657	drugs after previous warning , or for the refusal to submit to
658	658	or cooperate with a blood or urine test after previous
659	659	warning. Disqualification under this paragraph may be applied
660	660	to separations prior to separation from the most recent bona
661	661	fide work only if the employer has filed a notice with the
662	662	secretary alleging that the separation was under conditions
663	663	described in this paragraph in such a manner and within such
664	664	the time as prescribed by the secretary may prescribe.
665	665	(i)1. A confirmed positive drug test that is conducted
666	666	and evaluated according to standards set forth for the conduct
667	667	and evaluation of such tests by the U.S. Department of
668	668	Transportation in 49 C.F.R. Part 40 or standards shown by the
669	669	employer to be otherwise reliable shall be a conclusive
670	670	presumption of impairment by illegal drugs.
671	671	(i) No unemployment compensation benefits shall be
672	672	allowed to an employee having a confirmed positive drug test
673	673	if the employee had been warned received a warning that such a
674	674	309
675	675	310
676	676	311
677	677	312
678	678	313
679	679	314
680	680	315
681	681	316
682	682	317
683	683	318
684	684	319
685	685	320
686	686	321
687	687	322
688	688	323
689	689	324
690	690	325
691	691	326
692	692	327
693	693	328
694	694	329
695	695	330
696	696	331
697	697	332
698	698	333
699	699	334
700	700	335
701	701	336 HB468 INTRODUCED
702	702	Page 13
703	703	if the employee had been warned received a warning that such a
704	704	positive test could result in dismissal pursuant to a
705	705	reasonable drug policy. A warning shall mean that the employee
706	706	has been advised in writing of the provisions of the
707	707	employer's drug policy and that either testing positive or the
708	708	refusal to submit to or cooperate with a blood or urine test
709	709	could result in termination of employment.
710	710	(ii) A drug policy shall be deemed reasonable if the
711	711	employer shows that all employees of the employer, regardless
712	712	of position or classification, are subject to testing under
713	713	the policy, and in those instances in which the employer
714	714	offers as the basis for disqualification from unemployment
715	715	compensation benefits the results obtained pursuant to
716	716	additional testing imposed on some but not all
717	717	classifications, if the employer can also offer some rational
718	718	basis for conducting such additional testing.
719	719	(iii) Further, noNo unemployment compensation benefits
720	720	shall be allowed if the employee refuses to submit to or
721	721	cooperate with a blood or urine test as set forth above , or if
722	722	the employee knowingly alters or adulterates the blood or
723	723	urine specimen.
724	724	(ii) For purposes of paragraph a. and item (i) of
725	725	paragraph a. of this subdivision, warning shall mean that the
726	726	employee has been advised in writing of the provisions of the
727	727	employer's drug policy and that either testing positive
728	728	pursuant to the standards referenced above or the refusal to
729	729	submit to or cooperate with a blood or urine test as set out
730	730	in the above referenced standards could result in termination
731	731	of employment. This written notification as herein described
732	732	337
733	733	338
734	734	339
735	735	340
736	736	341
737	737	342
738	738	343
739	739	344
740	740	345
741	741	346
742	742	347
743	743	348
744	744	349
745	745	350
746	746	351
747	747	352
748	748	353
749	749	354
750	750	355
751	751	356
752	752	357
753	753	358
754	754	359
755	755	360
756	756	361
757	757	362
758	758	363
759	759	364 HB468 INTRODUCED
760	760	Page 14
761	761	of employment. This written notification as herein described
762	762	shall constitute a warning as used in paragraph a. and item
763	763	(i) of paragraph a. of this subdivision.
764	764	(iii) To the extent that the issue is 2. If an employee
765	765	has a confirmed positive drug test or the refusal refuses to
766	766	submit to or cooperate with a blood or urine test, or if the
767	767	employee knowingly alters or adulterates the blood or urine
768	768	sample, as distinguished from some other aspect of the
769	769	employer's drug policy, this disqualification under paragraph
770	770	a. and item (i) of this paragraph a. shall be the only
771	771	disqualification to apply , in connection with an individual's
772	772	separation from employment. Other non-separation
773	773	disqualifications may apply.
774	774	3. When an individual is disqualified under this
775	775	paragraph:
776	776	1.(i) He or she shall not be entitled to benefits for
777	777	the week in which the disqualifying event occurs or for any
778	778	subsequent week thereafter until he or she has reentered
779	779	insured employment or employment of the nature described in
780	780	subdivisions (5), (6), (7), (8), (9), (10), or (18) of
781	781	subsection (b) of Section 25-4-10(b)(5) through (10) or
782	782	Section 25-4-10(b)(18) , has earned wages equal at least to 10
783	783	times his or her weekly benefit amount, andor has been
784	784	separated from such the employment for a nondisqualifying
785	785	reason.
786	786	2.(ii) He or she shall not thereafter be entitled to
787	787	any benefits under this chapter on account of wages paid to
788	788	him or her for the period of employment by the employer by
789	789	whom he or she was employed when the disqualifying event
790	790	365
791	791	366
792	792	367
793	793	368
794	794	369
795	795	370
796	796	371
797	797	372
798	798	373
799	799	374
800	800	375
801	801	376
802	802	377
803	803	378
804	804	379
805	805	380
806	806	381
807	807	382
808	808	383
809	809	384
810	810	385
811	811	386
812	812	387
813	813	388
814	814	389
815	815	390
816	816	391
817	817	392 HB468 INTRODUCED
818	818	Page 15
819	819	whom he or she was employed when the disqualifying event
820	820	occurred.
821	821	3.(iii) For the purposes of the experience rating
822	822	provisions of Section 25-4-54 :,
823	823	(i) Nono portion of any benefits based upon wages paid
824	824	to the individual for the period of employment by the employer
825	825	by whom he or she was employed when the disqualifying event
826	826	occurred shall be charged to the employer's experience rating
827	827	account.
828	828	(ii)(iv) In the case of a separation prior to the
829	829	separation from the most recent bona fide work, if the only
830	830	reason disqualification under this paragraph a. was not
831	831	assessed was the failure of the employer to properly file a
832	832	timely separation report with the secretary and the employer
833	833	files such a the report within 15 days after the mailing of a
834	834	notice of payment, then no portion of any benefits paid based
835	835	upon the wages paid for the period of employment ending in
836	836	such the prior separation shall be charged to the employer's
837	837	experience rating account.
838	838	b. If an individual was discharged from his or her most
839	839	recent bona fide work for actual or threatened misconduct
840	840	committed in connection with his or her work ,(for reasons
841	841	other than acts mentioned in paragraph a. of this
842	842	subdivision)those provided in paragraph a., repeated after
843	843	previous warning to the individual. When an individual is
844	844	disqualified under this paragraph, or exempt from
845	845	disqualification for a separation under such conditions prior
846	846	to his or her most recent bona fide work, the effect shall be
847	847	the same as provided in paragraph b. of subdivision (2)d. for
848	848	393
849	849	394
850	850	395
851	851	396
852	852	397
853	853	398
854	854	399
855	855	400
856	856	401
857	857	402
858	858	403
859	859	404
860	860	405
861	861	406
862	862	407
863	863	408
864	864	409
865	865	410
866	866	411
867	867	412
868	868	413
869	869	414
870	870	415
871	871	416
872	872	417
873	873	418
874	874	419
875	875	420 HB468 INTRODUCED
876	876	Page 16
877	877	the same as provided in paragraph b. of subdivision (2)d. for
878	878	disqualification or exemption from disqualification
879	879	respectively.
880	880	c. If an individual was discharged from his or her most
881	881	recent bona fide work for misconduct connected with his or her
882	882	work [other than acts mentioned for reasons other than those
883	883	provided in paragraphs a. and b. of this subdivision] :
884	884	1. He or she shall be disqualified from receipt of
885	885	benefits for the week in which he or she was discharged and
886	886	for not less than the following week nor more than the four
887	887	next following weeks, as determined by the secretary in each
888	888	case according to the seriousness of the conduct.
889	889	2. The total amount of benefits to which an individual
890	890	may otherwise be entitled as determined in accordance with
891	891	Sections 25-4-74 and 25-4-75 shall be reduced by an amount
892	892	equal to the product of the number of weeks for which an
893	893	individual shall be disqualified multiplied by his or her
894	894	weekly benefit amount.
895	895	3. Only one-half of the benefits paid to an individual
896	896	based upon wages for that period of employment immediately
897	897	preceding the separation to which the disqualification applies
898	898	shall be charged to the employer for the purposes of the
899	899	experience rating provisions of Section 25-4-54. If the
900	900	individual has been separated from employment, other than his
901	901	or her most recent bona fide work, under conditions which
902	902	would have been disqualifying under this paragraph, had the
903	903	separation been from his or her most recent bona fide work and
904	904	the employer answers a notice of payment within 15 days after
905	905	it is mailed to him or her detailing the facts in connection
906	906	421
907	907	422
908	908	423
909	909	424
910	910	425
911	911	426
912	912	427
913	913	428
914	914	429
915	915	430
916	916	431
917	917	432
918	918	433
919	919	434
920	920	435
921	921	436
922	922	437
923	923	438
924	924	439
925	925	440
926	926	441
927	927	442
928	928	443
929	929	444
930	930	445
931	931	446
932	932	447
933	933	448 HB468 INTRODUCED
934	934	Page 17
935	935	it is mailed to him or her detailing the facts in connection
936	936	with the separation, then only one-half of the benefits paid
937	937	to him or her for that period of employment immediately
938	938	preceding the separation shall be charged to the employer for
939	939	the purposes of the experience rating provisions of Section
940	940	25-4-54, unless the employer, or an agent of the employer,
941	941	failed to respond timely or adequately to written requests
942	942	pursuant to subparagraph (2)c.4. of paragraph b. of
943	943	subdivision (2).
944	944	d. If an individual has been suspended as a
945	945	disciplinary measure connected with his or her work, or for
946	946	misconduct connected with his or her work, he or she shall be
947	947	disqualified from benefits for the week or weeks (not to
948	948	exceed four weeks) in which, or for which, he or she is so
949	949	suspended and the total amount of benefits to which he or she
950	950	may otherwise be entitled shall be reduced in the same manner
951	951	and to the same extent as provided in subparagraph c.2. of
952	952	paragraph c. of this subdivision (3).
953	953	(4) REVOCATION OR SUSPENSION OF REQUIRED LICENSE, ETC.
954	954	For the a. Any week in which an individual has become
955	955	unemployed because a license, certificate, permit, bond,
956	956	surety, or insurability which is necessary for the performance
957	957	of his or her employment and which he or she is responsible to
958	958	maintain or supply has been revoked, suspended, or otherwise
959	959	become lost to him or her for a cause reason other than one
960	960	which would fall within the meaning of subdivision (3), but
961	961	onea reason which was within his or her power to control,
962	962	guard against, or prevent, and for each subsequent week
963	963	thereafter until:
964	964	449
965	965	450
966	966	451
967	967	452
968	968	453
969	969	454
970	970	455
971	971	456
972	972	457
973	973	458
974	974	459
975	975	460
976	976	461
977	977	462
978	978	463
979	979	464
980	980	465
981	981	466
982	982	467
983	983	468
984	984	469
985	985	470
986	986	471
987	987	472
988	988	473
989	989	474
990	990	475
991	991	476 HB468 INTRODUCED
992	992	Page 18
993	993	thereafter until:
994	994	a. The the license, certificate, permit, bond, or
995	995	surety, or insurability, has been restored to him or her and
996	996	he or she has reapplied to his or her employer for
997	997	employment;, or
998	998	b. Hehe or she has reentered insured employment or
999	999	employment of the nature described in subdivisions (5), (6),
1000	1000	(7), (8), (9), (10), or (18) of subsection (b) of Section
1001	1001	25-4-10(b)(5) through (10) or Section 25-4-10(b)(18) ,
1002	1002	whichever is the earlier.
1003	1003	c.b. Nothing in this subdivision shall be construed as
1004	1004	a basis for disqualification of an individual who is without
1005	1005	fault and who has made a reasonable effort to obtain his or
1006	1006	her initial license, certificate, permit, bond, surety, or
1007	1007	insurability required for the performance of assigned duties.
1008	1008	(5) FAILURE TO ACCEPT AVAILABLE SUITABLE WORK, ETC. If
1009	1009	ana. An individual fails, without good cause, either to apply
1010	1010	for or to accept available suitable work or to return to his
1011	1011	or her customary self-employment when so directed by the
1012	1012	secretary or when an individual is notified of suitable work
1013	1013	or it is offered him or her through a state employment office
1014	1014	or the United States Employment Service, or directly or by
1015	1015	written notice or offer to any such employment office or
1016	1016	employment service by an employer by whom the individual was
1017	1017	formerly employed. Such The disqualification shall be for a
1018	1018	period of not less than one nor more than five weeks from the
1019	1019	date of failure.
1020	1020	b. This disqualification Disqualification under
1021	1021	paragraph a. shall not apply unless the individual has an
1022	1022	477
1023	1023	478
1024	1024	479
1025	1025	480
1026	1026	481
1027	1027	482
1028	1028	483
1029	1029	484
1030	1030	485
1031	1031	486
1032	1032	487
1033	1033	488
1034	1034	489
1035	1035	490
1036	1036	491
1037	1037	492
1038	1038	493
1039	1039	494
1040	1040	495
1041	1041	496
1042	1042	497
1043	1043	498
1044	1044	499
1045	1045	500
1046	1046	501
1047	1047	502
1048	1048	503
1049	1049	504 HB468 INTRODUCED
1050	1050	Page 19
1051	1051	paragraph a. shall not apply unless the individual has an
1052	1052	established benefit year, or is seeking to establish one or is
1053	1053	seeking extended benefits at the time he or she fails without
1054	1054	good cause, to do any of the acts set out in this subdivision.
1055	1055	a.c. In determining whether or not any work is suitable
1056	1056	for an individual, the secretary shall consider:
1057	1057	1. The degree of risk involved to his or her health,
1058	1058	safety, and morals, his or her physical fitness, and his or
1059	1059	her prior training.
1060	1060	2. His or her experience and prior earnings.
1061	1061	3. His or her length of unemployment.
1062	1062	4. His or her prospects for securing local work in his
1063	1063	or her customary occupation.
1064	1064	5. The distance of the available work from his or her
1065	1065	residence; provided, that no work or employment shall be
1066	1066	deemed unsuitable because of its distance from the
1067	1067	individual's residence, if such the work or employment is in
1068	1068	the same or substantially the same locality as was his or her
1069	1069	last previous regular place of employment and if the employee
1070	1070	left such the employment voluntarily without good cause
1071	1071	connected with suchthe employment.
1072	1072	d. Failure to appear for a previously scheduled
1073	1073	interview or skills test without notifying the prospective
1074	1074	employer of the need to delay or reschedule the interview or
1075	1075	test, unless there is good cause for the failure to notify,
1076	1076	shall be deemed a failure to seek or accept suitable work. A
1077	1077	claimant who fails to respond to an offer to return to work or
1078	1078	an offer of suitable employment within 72 hours of the offer
1079	1079	being made shall be deemed a rejection of an offer of suitable
1080	1080	505
1081	1081	506
1082	1082	507
1083	1083	508
1084	1084	509
1085	1085	510
1086	1086	511
1087	1087	512
1088	1088	513
1089	1089	514
1090	1090	515
1091	1091	516
1092	1092	517
1093	1093	518
1094	1094	519
1095	1095	520
1096	1096	521
1097	1097	522
1098	1098	523
1099	1099	524
1100	1100	525
1101	1101	526
1102	1102	527
1103	1103	528
1104	1104	529
1105	1105	530
1106	1106	531
1107	1107	532 HB468 INTRODUCED
1108	1108	Page 20
1109	1109	being made shall be deemed a rejection of an offer of suitable
1110	1110	employment.
1111	1111	b.e. Notwithstanding any other provisions of this
1112	1112	chapter, no work shall be deemed suitable and benefits shall
1113	1113	not be denied under this chapter to any otherwise eligible
1114	1114	individual for refusing to accept new work under any of the
1115	1115	following conditions:
1116	1116	1. If the position offered is vacant due directly to a
1117	1117	strike, lockout, or other labor dispute.
1118	1118	2. If the wages, hours, or other conditions of the work
1119	1119	offered are substantially less favorable to the individual
1120	1120	than those prevailing for similar work in the locality.
1121	1121	3. If, as a condition of being employed , the individual
1122	1122	would be required to join a company union, or to resign from
1123	1123	or refrain from joining any bona fide labor organization.
1124	1124	c.f. Notwithstanding any other provisions of this
1125	1125	section, benefits shall not be denied an individual, by reason
1126	1126	of the application of this subdivision (5), with respect to
1127	1127	any week in which he or she is in training with the approval
1128	1128	of the secretary as described in subdivision (a)(3) of Section
1129	1129	25-4-77(a)(3).
1130	1130	(6) RECEIPT OF BACK PAY AWARD, ETC. For any a. Any week
1131	1131	with respect to which an individual is receiving or has
1132	1132	received remuneration in the form of a back pay award.
1133	1133	Notwithstanding Section 25-4-91, any benefits previously paid
1134	1134	for weeks of unemployment with respect to which back pay
1135	1135	awards are made shall constitute an overpayment and suchthe
1136	1136	amounts shall be deducted from the award by the employer prior
1137	1137	to payment to the employee and shall be transmitted promptly
1138	1138	533
1139	1139	534
1140	1140	535
1141	1141	536
1142	1142	537
1143	1143	538
1144	1144	539
1145	1145	540
1146	1146	541
1147	1147	542
1148	1148	543
1149	1149	544
1150	1150	545
1151	1151	546
1152	1152	547
1153	1153	548
1154	1154	549
1155	1155	550
1156	1156	551
1157	1157	552
1158	1158	553
1159	1159	554
1160	1160	555
1161	1161	556
1162	1162	557
1163	1163	558
1164	1164	559
1165	1165	560 HB468 INTRODUCED
1166	1166	Page 21
1167	1167	to payment to the employee and shall be transmitted promptly
1168	1168	to the secretary by the employer for application against the
1169	1169	overpayment and credit to the claimant's maximum benefit
1170	1170	amount and prompt deposit into the fund ; provided, however,
1171	1171	the .
1172	1172	b. The removal of any charges made against the employer
1173	1173	as a result of such previously paid benefits shall be applied
1174	1174	to the calendar year and the calendar quarter in which the
1175	1175	overpayment is received by the secretary and no attempt shall
1176	1176	be made to relate such a credit to the period to which the
1177	1177	award applies.
1178	1178	c. Any amount of overpayment deducted by the employer
1179	1179	shall be subject to the same procedures for collection as is
1180	1180	provided for contributions by Section 25-4-134.
1181	1181	(7) RECEIPT OF OR APPLICATION FOR UNEMPLOYMENT
1182	1182	COMPENSATION FROM ANOTHER STATE, ETC. For anyAny week with
1183	1183	respect to which, or a part of which, an individual has
1184	1184	received or is seeking unemployment benefits under an
1185	1185	unemployment compensation law of any other state or of the
1186	1186	United States; provided, that if . If the appropriate agency of
1187	1187	such the other state or of the United States finally
1188	1188	determines that the individual is not entitled to suchthe
1189	1189	unemployment benefits this disqualification shall not apply.
1190	1190	(8) RECEIPT OF PENSION PAYMENT. For anyAny week with
1191	1191	respect to which, or a part of which, an individual has
1192	1192	received or has, except for the determination of an exact or
1193	1193	specific amount, has been determined eligible to receive ,
1194	1194	(during a period for which benefits are being claimed ),
1195	1195	governmental or other pension, retirement or retired pay,
1196	1196	561
1197	1197	562
1198	1198	563
1199	1199	564
1200	1200	565
1201	1201	566
1202	1202	567
1203	1203	568
1204	1204	569
1205	1205	570
1206	1206	571
1207	1207	572
1208	1208	573
1209	1209	574
1210	1210	575
1211	1211	576
1212	1212	577
1213	1213	578
1214	1214	579
1215	1215	580
1216	1216	581
1217	1217	582
1218	1218	583
1219	1219	584
1220	1220	585
1221	1221	586
1222	1222	587
1223	1223	588 HB468 INTRODUCED
1224	1224	Page 22
1225	1225	governmental or other pension, retirement or retired pay,
1226	1226	annuity, or similar periodic payment which is based on the
1227	1227	previous work of the individual; except, that :
1228	1228	a. For weeks of unemployment which begin prior to April
1229	1229	26, 1982, as was prescribed by this subsection prior to the
1230	1230	date,; and
1231	1231	b. For weeks of unemployment which begin on or after
1232	1232	April 26, 1982, the amount of any benefits payable to an
1233	1233	individual for any week which begins in a period with respect
1234	1234	to which the disqualifying provisions of this subdivision
1235	1235	apply, shall be reduced (but not below zero) by an amount
1236	1236	equal to the amount of the pension, retirement or retired pay,
1237	1237	annuity, or other payment, which is reasonably attributable to
1238	1238	the week,; provided, however, the reduction required by this
1239	1239	paragraph shall apply to any pension, retirement or retired
1240	1240	pay, annuity, or other similar payment only if:
1241	1241	1. The payment is made under a plan that is maintained
1242	1242	(or contributed to ) by a base period employer and 100 percent
1243	1243	employer-financed and not contributed to by the worker ,; and
1244	1244	2. In the case of such a payment not made under the
1245	1245	Social Security Act or the Railroad Retirement Act of 1974 ,
1246	1246	(or the corresponding provisions of prior law ), services
1247	1247	performed for the employer by the individual after the
1248	1248	beginning of his or her base period (or remuneration for the
1249	1249	services) affect eligibility for, or increase the amount of,
1250	1250	the payment.
1251	1251	c. The other provisions of this subdivision to the
1252	1252	contrary notwithstanding, beginning with the weeks ending
1253	1253	October 7, 1995, the amount of any pension, retirement or
1254	1254	589
1255	1255	590
1256	1256	591
1257	1257	592
1258	1258	593
1259	1259	594
1260	1260	595
1261	1261	596
1262	1262	597
1263	1263	598
1264	1264	599
1265	1265	600
1266	1266	601
1267	1267	602
1268	1268	603
1269	1269	604
1270	1270	605
1271	1271	606
1272	1272	607
1273	1273	608
1274	1274	609
1275	1275	610
1276	1276	611
1277	1277	612
1278	1278	613
1279	1279	614
1280	1280	615
1281	1281	616 HB468 INTRODUCED
1282	1282	Page 23
1283	1283	October 7, 1995, the amount of any pension, retirement or
1284	1284	retired pay, annuity, or other similar periodic payment under
1285	1285	the Social Security Act or the Railroad Retirement Act shall
1286	1286	not result in a reduction of benefits under this subdivision.
1287	1287	d. If in accordance with this subdivision any
1288	1288	individual is awarded pension payments retroactively covering
1289	1289	the same period for which the individual received benefits,
1290	1290	the retroactive payments shall constitute cause for
1291	1291	disqualification and any benefits paid during the period shall
1292	1292	be recovered only if the retroactive pension payments were
1293	1293	made under a plan that is maintained (or contributed to ) by a
1294	1294	base period employer, 100 percent employer-financed, and not
1295	1295	contributed to by the worker.
1296	1296	(9) RECEIPT OF OR APPLICATION FOR WORKERS'
1297	1297	COMPENSATION. For anyAny week with respect to which, or a part
1298	1298	of which, an individual has received or is seeking
1299	1299	compensation for temporary disability under any workers'
1300	1300	compensation law ; provided, that if . If it is finally
1301	1301	determined that the individual is not entitled to suchworkers'
1302	1302	compensation, this disqualification shall not apply .; and
1303	1303	provided further, that if such If the workers' compensation is
1304	1304	less than the benefits which would otherwise be due under this
1305	1305	chapter, the individual shall be entitled to receive for the
1306	1306	week, if otherwise eligible, benefits reduced by the amount of
1307	1307	the payment.
1308	1308	(10) EMPLOYMENT BY PUBLIC WORKS AGENCY, ETC. For anyAny
1309	1309	week that an individual is engaged or employed by the Works
1310	1310	Progress Administration, the National Youth Administration, or
1311	1311	any federal or state unit, agency, or instrumentality in
1312	1312	617
1313	1313	618
1314	1314	619
1315	1315	620
1316	1316	621
1317	1317	622
1318	1318	623
1319	1319	624
1320	1320	625
1321	1321	626
1322	1322	627
1323	1323	628
1324	1324	629
1325	1325	630
1326	1326	631
1327	1327	632
1328	1328	633
1329	1329	634
1330	1330	635
1331	1331	636
1332	1332	637
1333	1333	638
1334	1334	639
1335	1335	640
1336	1336	641
1337	1337	642
1338	1338	643
1339	1339	644 HB468 INTRODUCED
1340	1340	Page 24
1341	1341	any federal or state unit, agency, or instrumentality in
1342	1342	charge of public works, assistance through public employment,
1343	1343	or work relief.
1344	1344	(11) SELF-EMPLOYMENT. For anyAny week in which an
1345	1345	individual is self-employed and each subsequent week
1346	1346	thereafter until he or she shall establish that he or she is
1347	1347	no longer self-employed.
1348	1348	(12) RECEIPT OF, OR APPLICATION FOR, TRAINING
1349	1349	ALLOWANCE, ETC. For anya. Any week with respect to which, or a
1350	1350	part of which, an individual who is enrolled in a course of
1351	1351	training with the approval of the secretary, within the
1352	1352	meaning of subdivision (a)(3) of Section 25-4-77(a)(3), has
1353	1353	applied for, or is entitled to receive, any wage or
1354	1354	subsistence or training allowance or other form of
1355	1355	remuneration, other than reimbursement for travel expenses,
1356	1356	for a course of training under any public or private training
1357	1357	program; provided, that if . If it is finally determined that
1358	1358	an individual is not entitled to such remuneration, this
1359	1359	disqualification shall not apply.
1360	1360	b. If the remuneration, the receipt of which is
1361	1361	disqualifying under this subdivision, is less than the weekly
1362	1362	benefits which he or she would otherwise be due under this
1363	1363	chapter, he or she shall be entitled to receive, if otherwise
1364	1364	eligible, weekly benefits reduced by the amount of the
1365	1365	remuneration.
1366	1366	It is further provided that receipt c. Receipt of
1367	1367	training allowances under the Trade Readjustment Act shall not
1368	1368	be cause for disqualification under this subdivision.
1369	1369	(13) PARTICIPATION IN PROFESSIONAL SPORTS. For anyAny
1370	1370	645
1371	1371	646
1372	1372	647
1373	1373	648
1374	1374	649
1375	1375	650
1376	1376	651
1377	1377	652
1378	1378	653
1379	1379	654
1380	1380	655
1381	1381	656
1382	1382	657
1383	1383	658
1384	1384	659
1385	1385	660
1386	1386	661
1387	1387	662
1388	1388	663
1389	1389	664
1390	1390	665
1391	1391	666
1392	1392	667
1393	1393	668
1394	1394	669
1395	1395	670
1396	1396	671
1397	1397	672 HB468 INTRODUCED
1398	1398	Page 25
1399	1399	(13) PARTICIPATION IN PROFESSIONAL SPORTS. For anyAny
1400	1400	week which commences during the period between two successive
1401	1401	sport seasons, or similar periods, to any individual for which
1402	1402	benefits claimed are on the basis of any services,
1403	1403	substantially all of which consist of participating in sports
1404	1404	or athletic events or training or preparing to so participate,
1405	1405	if such individual performed services in the first of such
1406	1406	seasons, or similar periods, and there is a reasonable
1407	1407	assurance that such the individual will perform such services
1408	1408	in the later of such seasons, or similar periods.
1409	1409	(14) ALIENS.
1410	1410	a. For anyAny week for which benefits claimed are on
1411	1411	the basis of services performed by an alien unless any of the
1412	1412	following apply:
1413	1413	1. The alien is an individual who was lawfully admitted
1414	1414	for permanent residence at the time the services were
1415	1415	performed, and was lawfully present for purposes of performing
1416	1416	the services; or,.
1417	1417	2. The alien was permanently residing in the United
1418	1418	States under color of law at the time services were performed,
1419	1419	including an alien who is lawfully present in the United
1420	1420	States as a result of the application of the provisions of
1421	1421	Section 203(a)(7) or Section 212(d)(5) of the Immigration and
1422	1422	Nationality Act; or,.
1423	1423	3. The alien was lawfully admitted for temporary
1424	1424	residence as provided for under Section 245A(a) of the
1425	1425	Immigration Reform and Control Act of 1986 (PL 99-603).
1426	1426	b. Any data or information required of individuals
1427	1427	applying for benefits to determine whether benefits are not
1428	1428	673
1429	1429	674
1430	1430	675
1431	1431	676
1432	1432	677
1433	1433	678
1434	1434	679
1435	1435	680
1436	1436	681
1437	1437	682
1438	1438	683
1439	1439	684
1440	1440	685
1441	1441	686
1442	1442	687
1443	1443	688
1444	1444	689
1445	1445	690
1446	1446	691
1447	1447	692
1448	1448	693
1449	1449	694
1450	1450	695
1451	1451	696
1452	1452	697
1453	1453	698
1454	1454	699
1455	1455	700 HB468 INTRODUCED
1456	1456	Page 26
1457	1457	applying for benefits to determine whether benefits are not
1458	1458	payable to them because of their alien status shall be
1459	1459	uniformly required from all applicants for benefits.
1460	1460	c. In the case of an individual whose application for
1461	1461	benefits would otherwise be approved, no determination that
1462	1462	benefits to such the individual are not payable because of his
1463	1463	or her alien status shall be made except upon a preponderance
1464	1464	of the evidence."
1465	1465	Section 2. This act shall become effective on October
1466	1466	1, 2024.
1467	1467	701
1468	1468	702
1469	1469	703
1470	1470	704
1471	1471	705
1472	1472	706
1473	1473	707
1474	1474	708
1475	1475	709