UNOFFICIAL COPY 23 RS HB 146/GA
Page 1 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
AN ACT relating to unemployment insurance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 341 IS CREATED TO 3
READ AS FOLLOWS: 4
At the time of being notified of a valid claim, the Office of Unemployment Insurance 5
shall advise the eligible worker of the following resources: 6
(1) Five (5) additional weeks of benefits as set forth in KRS 341.385(6) by complying 7
with an approved job training and certification program as set forth in Section 2 8
of this Act; 9
(2) The Work Ready Kentucky Scholarship Program administered by the Kentucky 10
Higher Education Assistance Authority; 11
(3) The Federal Pell Grant Program; 12
(4) The Free Application for Federal Student Aid (FAFSA); and 13
(5) Additional education and training resources determined to be appropriate by the 14
secretary that would support the worker in obtaining skills or credentials 15
necessary to find employment. 16
Section 2. KRS 341.005 is amended to read as follows: 17
As used in this chapter, unless the context clearly requires otherwise: 18
(1) "Approved job training or certification program" means: 19
(a) A program approved by the secretary that leads to a short-term certificate or 20
credential, an industry-recognized certificate, diploma, or associate of applied 21
science degree in one (1) of Kentucky's top five (5) high-demand workforce 22
sectors identified by the Kentucky Workforce Innovation Board and the 23
Education and Labor Cabinet; [or] 24
(b) A program approved and determined by the secretary to improve an 25
individual's employability in a high-wage, high-demand occupation; or 26
(c) A training program approved under the Trade Act of 1974, 19 U.S.C. sec. 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 2 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
2296; 1
(2) "Cabinet" means the Education and Labor Cabinet; 2
(3) "Commission" means the Unemployment Insurance Commission; 3
(4) "Enhanced federal benefits" means any temporary federally funded or partially 4
federally funded benefits, administered by the Commonwealth and payable through 5
voluntary agreements between the Commonwealth and the United States 6
Department of Labor, that supplement or increase weekly state benefit amounts. 7
"Enhanced federal benefits" does not mean benefits such as, without limitation, 8
benefits otherwise calculated and distributed in accordance with KRS 341.350 to 9
341.415, extended benefits provided for in KRS 341.700 to 341.740, [or ]shared 10
work benefits provided for in KRS 341.4161 to 341.4173, disaster unemployment 11
assistance benefits, 42 U.S.C. sec. 5177, or trade readjustment allowances, 19 12
U.S.C. sec. 2291 to 2294 or any amendments thereto; 13
(5) "Secretary" means the secretary of the Education and Labor Cabinet or his or her 14
duly authorized representative; and 15
(6) "State average unemployment rate" means the seasonal adjusted statewide 16
unemployment rate that applies to the six (6) month period in which the claim is 17
filed. One six (6) month period shall begin on January 1 of each year and one six 18
(6) month period shall begin on July 1 of each year. For the six (6) month period 19
beginning on January 1, the state average unemployment rate shall be the average 20
of Kentucky's seasonal adjusted unemployment rates for the preceding months of 21
July, August, and September. For the six (6) month period beginning on July 1, the 22
state average unemployment rate shall be the average of Kentucky's seasonal 23
adjusted unemployment rates for the preceding months of January, February, and 24
March. In calculating the state average unemployment rate, the cabinet shall utilize 25
the most recent seasonal adjusted unemployment rate determined by the United 26
States Department of Labor, Bureau of Labor Statistics. 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 3 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
Section 3. KRS 341.100 is amended to read as follows: 1
(1) In determining for any purpose under this chapter whether or not any work is 2
suitable for a worker the secretary shall consider, among other pertinent conditions, 3
the degree of risk involved to his or her health, safety and morals; his or her 4
physical fitness and prior training; his or her experience and prior earnings; his or 5
her length of unemployment and prospects for securing local work in his or her 6
customary occupation; and the distance of the available work from his or her 7
residence. The secretary shall consider any employment offer to be suitable work: 8
(a) That is offered to a worker who has received at least six (6) weeks of 9
benefits during his or her present period of unemployment; 10
(b) For which the worker will be paid one hundred twenty percent (120%) of 11
his or her weekly benefit amount; 12
(c) That is located within a distance of thirty (30) miles of the worker's 13
residence, or is work that can be completed remotely on a permanent basis; 14
and 15
(d) That the worker is able and qualified to perform, regardless of whether or 16
not he or she has related experience or training. 17
(2) For the purpose of this chapter, no work shall be suitable nor shall benefits be 18
denied under this chapter to any otherwise eligible worker for refusing to accept 19
new work or new conditions of work under one (1) or more of the following: 20
(a) If the position offered is vacant due directly to a strike, lock-out or other labor 21
dispute; 22
(b) If the wages, hours, or other conditions of the work offered are substantially 23
less favorable than those prevailing for similar work in the locality; 24
(c) If, as a condition of being employed, the worker would be required to join a 25
company union or to resign from or refrain from joining any bona fide labor 26
organization; and 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 4 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
(d) If the acceptance of such work would be prejudicial to the continuance of an 1
established employer-employee relationship to which the worker is a party. 2
[(3) Notwithstanding any other provision in this section, the secretary shall consider any 3
employment offer to be suitable work for the purposes of this chapter: 4
(a) That is offered to a worker who has received at least six (6) weeks of benefits 5
during his or her present period of unemployment; 6
(b) For which the worker will be paid one hundred twenty percent (120%) of his 7
or her weekly benefit amount; 8
(c) That is located within a distance of thirty (30) miles of the worker's residence, 9
or is work that can be completed remotely on a permanent basis; and 10
(d) That the worker is able and qualified to perform, regardless of whether or not 11
he or she has related experience or training.] 12
Section 4. KRS 341.385 is amended to read as follows: 13
(1) The duration of benefits available to each eligible recipient based upon the state 14
average unemployment rate at the time of his or her application for benefits, up to a 15
maximum of twenty-four (24) weeks, shall be as follows: 16
[(a) State average unemployment rate of less than or equal to four and one-half 17
percent (4.5%): twelve (12) weeks of benefits available; 18
(b) State average unemployment rate of greater than four and one-half percent 19
(4.5%) up to and including five percent (5%): thirteen (13) weeks of benefits 20
available; 21
(c) State average unemployment rate of greater than five percent (5%) up to and 22
including five and one-half percent (5.5%): fourteen (14) weeks of benefits 23
available; 24
(d) State average unemployment rate of greater than five and one-half percent 25
(5.5%) up to and including six percent (6%): fifteen (15) weeks of benefits 26
available;] 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 5 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
(a)[(e)] State average unemployment rate of less than or equal to[greater than 1
six percent (6%) up to and including] six and one-half percent (6.5%): sixteen 2
(16) weeks of benefits available; 3
(b)[(f)] State average unemployment rate of greater than six and one-half 4
percent (6.5%) up to and including seven percent (7%): seventeen (17) weeks 5
of benefits available; 6
(c)[(g)] State average unemployment rate of greater than seven percent (7%) up 7
to and including seven and one-half percent (7.5%): eighteen (18) weeks of 8
benefits available; 9
(d)[(h)] State average unemployment rate of greater than seven and one-half 10
percent (7.5%) up to and including eight percent (8%): nineteen (19) weeks of 11
benefits available; 12
(e)[(i)] State average unemployment rate of greater than eight percent (8%) up 13
to and including eight and one-half percent (8.5%): twenty (20) weeks of 14
benefits available; 15
(f)[(j)] State average unemployment rate of greater than eight and one-half 16
percent (8.5%) up to and including nine percent (9%): twenty-one (21) weeks 17
of benefits available; 18
(g)[(k)] State average unemployment rate of greater than nine percent (9%) up to 19
and including nine and one-half percent (9.5%): twenty-two (22) weeks of 20
benefits available; 21
(h)[(l)] State average unemployment rate of greater than nine and one-half 22
percent (9.5%) up to and including ten percent (10%): twenty-three (23) 23
weeks of benefits available; and 24
(i)[(m)] State average unemployment rate of greater than ten percent (10%): 25
twenty-four (24) weeks of benefits available. 26
[(2) The classification system set forth in subsection (1) of this section shall not apply to 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 6 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
claimants with verified definite return-to-work or recall-to-work prospects within a 1
period of sixteen (16) weeks from the date of filing of the initial or reopened claim, 2
who shall instead receive one hundred percent (100%) of the weekly benefit rate for 3
each week that they are otherwise eligible, up to sixteen (16) weeks unless the state 4
average unemployment rate is higher than six and one-half percent (6.5%), in which 5
case the maximum duration of weeks for these claimants shall follow the 6
classification system set forth in subsection (1) of this section.] 7
(2)[(3)] The classification system set forth in subsection (1) of this section shall apply 8
to regular benefits and shall not affect the duration of shared work benefits as set 9
forth in KRS 341.4161 to 341.4173[ or to the duration of extended benefits set forth 10
in KRS 341.700 to 341.740]. 11
(3)[(4)] A claimant who has been classified with a group classification code by the 12
agency that meets the requirements of subsection (1) of this section shall remain in 13
this classification throughout the benefit year regardless of whether or not the 14
claimant's classification changes. 15
(4)[(5)] The secretary may, with the approval of the General Assembly, extend the 16
maximum amount of regular benefits payable, not to exceed twenty-six (26) times 17
the claimant's weekly benefit rate, if: 18
(a) An extension for benefits is authorized by the federal government, but only 19
while federal funding is available; or 20
(b) During, but not exceeding, any extended benefit period as described in KRS 21
341.094. 22
(5) (a)[(6)] Any otherwise eligible individual who is certified as being enrolled and 23
making satisfactory progress in an approved job training or certification 24
program shall be entitled, during the current benefit year, to receive up to an 25
additional five (5) weeks of benefits after all regular benefits have been 26
exhausted under subsection (1) of this section. 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 7 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
(b)[(a) The amount of benefits payable under this subsection shall equal the 1
weekly benefit amount established by the most recent benefit year. 2
(c)[(b)] Benefits under this subsection shall not be paid to an individual who is 3
receiving benefits of comparable value or other training allowances from 4
other unrelated sources. 5
Section 5. KRS 341.375 is amended to read as follows: 6
(1) An employer may notify the secretary in writing or electronically of each worker 7
who has declined to accept suitable work when offered or has failed to attend a first 8
interview for suitable work, whether held in-person, virtually, or by phone. The 9
notice shall contain: 10
(a) A statement that identifies a person or persons with knowledge of the 11
information; 12
(b) The name and contact information of the person or persons with knowledge of 13
the information; and 14
(c) Specific and detailed information regarding the decline of an offer of suitable 15
work or the failure to attend a first interview regarding suitable work that may 16
potentially disqualify the worker from receiving benefits. 17
(2) The information contained in the notice shall be considered, but not solely relied 18
on, when making a determination of eligibility for benefits[ is made and may 19
constitute grounds for ineligibility]. The secretary shall consider the suitability of 20
work in making an eligibility determination pursuant to Section 3 of this Act. 21
(3) The secretary shall provide a portal in which the notice in subsection (1) of this 22
section can be made online. 23
Section 6. KRS 341.4169 is amended to read as follows: 24
(1) An individual is eligible to receive shared work unemployment compensation 25
benefits with respect to any week only if the secretary finds that: 26
(a) The individual is employed as a member of an affected group under an 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 8 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
approved plan that was approved by the secretary before the week and is in 1
effect for the week; 2
(b) The individual is able to work and is available for the normal work week with 3
the shared work employer; and 4
(c) The normal weekly hours of work of the individual are reduced by at least ten 5
percent (10%) but not more than forty percent (40%), with a corresponding 6
reduction in wages. 7
(2) A worker shall not be denied shared work benefits if he or she is otherwise eligible 8
for these benefits for any week by reason of the application of any provision of this 9
chapter relating to availability for work, active search for work or participation in 10
work search activities, or refusal to apply for or accept work from other than the 11
worker's shared work employer. 12
(3) A worker shall not be denied shared work benefits if he or she is otherwise eligible 13
for these benefits for any week because he or she is participating in any employer 14
sponsored training or worker training funded by the Workforce Innovation and 15
Opportunity Act, 29 U.S.C. Ch. 32[training sponsored by, or at the direction of, the 16
shared work employer]. 17
(4) Notwithstanding any other provision in this chapter, a worker shall be deemed 18
unemployed in any week for which compensation is payable to him or her, as an 19
employee in an affected group, for less than his or her normal weekly hours of work 20
in accordance with an approved plan in effect for the week. 21
SECTION 7. A NEW SECTION OF KRS CHAPTER 341 IS CREATED TO 22
READ AS FOLLOWS: 23
The secretary shall provide to the Legislative Research Commission a copy of any 24
notification received by the cabinet from the United States Department of Labor or any 25
division thereof regarding the conformity of state unemployment compensation with 26
the Federal Unemployment Tax Act, 26 U.S.C. sec. 3301 et seq., the Social Security Act 27 UNOFFICIAL COPY 23 RS HB 146/GA
Page 9 of 9
HB014610.100 - 952 - XXXX 2/21/2023 2:28 PM GA
of 1935, 42 U.S.C. sec. 301 et seq., or the Federal-State Extended Unemployment 1
Compensation Act of 1970, Pub. L. 91-373, within five (5) days of receiving the 2
notification. 3
Section 8. If any provision of this Act or the application thereof to any person 4
or circumstance is held invalid, unconstitutional, or in violation of any federal law: 5
(1) The invalid provision shall be null and void; and 6
(2) Its invalidity shall not affect other provisions or application of this Act that 7
can be given effect without the invalid provision or application, and to this end the 8
provisions of this Act are severable. 9
Section 9. This Act shall take effect July 1, 2023. 10