HLS 20RS-1746 ORIGINAL
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 88
BY REPRESENTATIVE BEAULLIEU
UNEMPLOYMENT COMP: Directs the Louisiana Workforce Commission to review
unemployment claims to determine whether benefits are properly due for COVID-19
reasons
1 A CONCURRENT RESOL UTION
2To direct the Louisiana Workforce Commission to review all challenged claims for
3 unemployment insurance benefits and discontinue payment of such benefits when
4 found to be invalid.
5 WHEREAS, on March 11, 2020, Governor John Bel Edwards invoked his authority
6under the Louisiana Health Emergency Powers Act, La. R.S. 29:760, et seq., and issued
7Emergency Proclamation Number 25 JBE 2020, which declared a statewide public health
8emergency as a result of the imminent threat posed to Louisiana citizens by the outbreak of
9a respiratory disease caused by a novel coronavirus known commonly as COVID-19; and
10 WHEREAS, on March 13, 2020, the governor issued Emergency Proclamation
11Number 27 JBE 2020, which supplemented the measures taken in his declaration of a public
12health emergency with additional restrictions in order to further protect the health and safety
13of the public because of COVID-19 and expressly provided for "emergency-related claims
14. . . for unemployment compensation filed by persons whose unemployment is directly due
15to the impact of COVID-19 or due to their inability to get to their job or worksite because
16they are sick, isolated or quarantined, caring for a sick family member, or when an
17employee’s child's school is closed as determined by the administrator of the state's
18unemployment compensation program”; and
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HCR NO. 88
1 WHEREAS, on March 22, 2020, the governor issued Emergency Proclamation
2Number 33 JBE 2020 which implemented additional measures, including a general stay-at-
3home order to the public along with the temporary closure of certain businesses, and further
4limited the operations of certain non-essential businesses to the public to mitigate the impact
5of COVID-19 and to disrupt the spread of the virus; and
6 WHEREAS, on April 2, 2020, the governor reinforced these actions through the
7issuance of Emergency Proclamation Number 41 JBE 2020; and
8 WHEREAS, COVID-19 impacts to business operations across the state have resulted
9in massive numbers of workers losing their employment, which caused historic levels of
10unemployment benefit claiming by affected workers and overwhelmed the Louisiana
11Workforce Commission’s unemployment claims technology and personnel; and
12 WHEREAS, Louisiana’s unemployment insurance trust fund exceeded one billion
13two hundred million dollars prior to the declarations of a statewide public health emergency
14that impacted employment in the public and private sectors of the state; and
15 WHEREAS, the unprecedented amount of unemployment benefit claims has drawn
16the state’s unemployment trust fund down to a level below eight hundred million dollars
17within a matter of a few weeks; and
18 WHEREAS, some employees have chosen to file a claim for unemployment benefits
19when their jobs remain ongoing and no COVID-19-related circumstance compelled their
20unilateral decision to leave their employment; and
21 WHEREAS, certain businesses are able to reopen, necessitating the return of
22employees to their jobs, and yet some of these employees refuse to return to their
23employment and choose instead to continue claiming unemployment benefits even where
24no COVID-19-related circumstance exists; and
25 WHEREAS, Louisiana employers are obligated to notify the Louisiana Workforce
26Commission of any separation that is potentially disqualifying so that, pursuant to R.S.
2723:1625.1, a proper determination of a claim can be made, and many have provided such
28information to the department; and
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HCR NO. 88
1 WHEREAS, pursuant to R.S. 23:1626, the Louisiana Workforce Commission is
2obligated to reconsider any determination it made to pay benefits that may not have been
3due; and
4 WHEREAS, failure to ensure that benefits are properly due and payable to claimants
5places the solvency of Louisiana’s unemployment insurance trust fund in jeopardy.
6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
7direct the Louisiana Workforce Commission to exercise its enforcement obligation under the
8law and conduct administrative reviews of all claims where a challenge to its validity existed
9or exists and to discontinue payment of benefits when no legitimate COVID-19-related
10reason is found to be responsible for the individual’s unemployment.
11 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
12secretary of the Louisiana Workforce Commission.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR Original 2020 Regular Session Beaullieu
To direct the Louisiana Workforce Commission to review all challenged claims for
unemployment insurance benefits and discontinue payment of such benefits when found to
be invalid.
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