Georgia 2023-2024 Regular Session

Georgia Senate Bill SB475 Compare Versions

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

Old	New	Differences
1	1	24 LC 36 5723
2	2	Senate Bill 475
3	3	By: Senators Hufstetler of the 52nd and Still of the 48th
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial
7	7	1
8	8	relations, so as to change certain provisions relating to the disposition of fines, penalties, and2
9	9	interest collected under Chapter 8, relating to employment security; to provide exceptions;3
10	10	to require that the Commissioner of Labor maintain and make available certain records; to4
11	11	provide for related matters; to provide for an effective date; to repeal conflicting laws; and5
12	12	for other purposes.6
13	13	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
14	14	SECTION 1.8
15	15	Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,9
16	16	is amended by revising Code Section 34-8-92, relating to disposition of fines, penalties, and10
17	17	interest collected and amounts collected pursuant to Code Section 34-8-255 to be returned11
18	18	to Unemployment Compensation Fund, as follows:12
19	19	"34-8-92.13
20	20	(a) Except as otherwise provided in subsections (b) and (c) of this Code section, all
21	21	All14
22	22	fines, penalties, and interest collected under the terms of this chapter shall be paid into the15
23	23	state treasury. The General Assembly shall be authorized to appropriate to the16
24	24	Commissioner all such funds so raised and deposited in the state treasury, which shall be17
25	25	S. B. 475
26	26	- 1 - 24 LC 36 5723
27	27	payable upon requisition of the Commissioner. Such funds are to be used for the
28	28	18
29	29	replacement of funds, as provided in Code Section 34-8-82, and for incidental expenses19
30	30	incurred in the administration of this chapter for which funds are not granted by the federal20
31	31	government through the United States secretary of labor or other agencies.21
32	32	(b) Notwithstanding subsection (a) of this Code section, any
33	33	Any amounts collected22
34	34	pursuant to Code Section 34-8-255 shall be returned to the Unemployment Compensation23
35	35	Fund to be used exclusively for the purposes of this chapter as required by federal law.24
36	36	(c) For the period beginning on July 1, 2024, and ending on July 1, 2026, the25
37	37	Commissioner shall be authorized to retain up to 20 percent of all fines, penalties, and26
38	38	interest collected under any provision of this chapter other than those fines, penalties, and27
39	39	interest collected pursuant to Code Section 34-8-255. Any amounts retained by the28
40	40	Commissioner pursuant to this subsection shall be deposited into the clearing account of29
41	41	the Unemployment Compensation Fund and, upon clearance, into a separate account on the30
42	42	books of a depositary bank in this state where they shall be maintained and not otherwise31
43	43	commingled with any other funds. Any amounts retained by the Commissioner pursuant32
44	44	to this subsection shall be expended solely for the purposes of strengthening the33
45	45	Unemployment Compensation Fund, preventing fraud, and improving service delivery to34
46	46	employers and claimants. The Commissioner shall make a record of all amounts retained35
47	47	and of such expenditures, and such records shall be made available for review by the36
48	48	General Assembly, the state accounting officer, and the state auditor upon request."37
49	49	SECTION 2.38
50	50	Said title is further amended by revising subparagraph (h)(1)(B) of Code Section 34-8-153,39
51	51	relating to liability of succeeding employer, computation of rate of contributions, transfers40
52	52	between employers with substantially common ownership, management, or control, transfers41
53	53	made for the purpose of obtaining a lower rate of contribution, and penalties for violations,42
54	54	as follows:43
55	55	S. B. 475
56	56	- 2 - 24 LC 36 5723
57	57	"(B) If the person is not an employer, such person shall be subject to a civil monetary
58	58	44
59	59	penalty of not more than $5,000.00 per violation. Any such fine collected shall be45
60	60	deposited in the penalty and interest account established under
61	61	paid into the state46
62	62	treasury as provided in subsection (a) of Code Section 34-8-92."47
63	63	SECTION 3.48
64	64	Said title is further amended by revising subsection (b) of Code Section 34-8-257, relating49
65	65	to civil penalties and waiver of any penalty, fine, or assessment, as follows:50
66	66	"(b) Except as otherwise provided in subsection (c) of Code Section 34-8-92, the The51
67	67	Commissioner shall be authorized to deposit all funds received pursuant to subsection (a)52
68	68	of this Code section into the general fund of the state treasury in compliance with Part 153
69	69	of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General54
70	70	Assembly, subject to the appropriations process, that an amount equal to the amount55
71	71	deposited into the general fund of the state treasury as provided in this subsection be56
72	72	appropriated each year to the department for the purpose of enforcing subsection (f) of57
73	73	Code Section 34-8-35."58
74	74	SECTION 4.59
75	75	This Act shall become effective upon its approval by the Governor or upon its becoming law60
76	76	without such approval.61
77	77	SECTION 5.62
78	78	All laws and parts of laws in conflict with this Act are repealed.63
79	79	S. B. 475
80	80	- 3 -