COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:2780H.01I Bill No.:HB 1281 Subject:Employment Security; Department of Labor and Industrial Relations; Employees - Employers; Unemployment Compensation; Labor and Management Type:Original Date:March 11, 2025Bill Summary:This proposal modifies provisions of the employment security program and establishes the "Employment Security Program Integrity Act of 2025", relating to the administration of unemployment compensation. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on General Revenue $0$0$0 ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 2780H.01I Bill No. HB 1281 Page 2 of March 11, 2025 BB:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Unemployment Insurance Trust Fund*$0 to Could exceed $637,000 $0 to Could exceed $637,000 $0 to Could exceed $637,000 Total Estimated Net Effect on All Federal Funds $0 to Could exceed $637,000 $0 to Could exceed $637,000 $0 to Could exceed $637,000 *Oversight reflects the potential savings due to the denials of unemployment compensation payments for claimants who did not properly comply with work search requirements set by this proposal. ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net Effect on FTE 000 ☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ☒ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of the three fiscal years after implementation of the act or at full implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 2780H.01I Bill No. HB 1281 Page 3 of March 11, 2025 BB:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from the Office of Administration, the Department of Labor and Industrial Relations, and theeach assume the proposal will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. Section 288.050 Benefits denial due to noncompliance (work search) Upon further inquiry, DOLIR assumed that there could be some potential savings due to the claims being denied for non – compliance with the proposal. Oversight notes that this proposal adds an additional reason where the claimant could be denied for improper work search and denied for unemployment benefits for certain weeks. Oversight notes the new requirement, where the employee/clamant could be potentially denied for unemployment payment due to not showing up, calling, or contacting a potential new job, would yield some savings to the unemployment trust fund. Oversight notes that the pie chart graph below indicates that around 1.95% of people being improperly paid unemployment benefits, each year, are claimants who did not properly search for work. Oversight notes that three-year improper payment estimate according to the DOL for Missouri was $98,314,915 in the same period. ($32.7 million on average per year) The most prevalent reasons for overpayments: Source: U.S. Department of Labor Causes for Improperly Paid Benefits Oversight notes this could potentially provide savings to the unemployment trust fund where claimants not complying with the proposal will not be paid their weekly benefits. Therefore, Oversight will reflect a range from $0 (claimants complied with the work search requirements) to L.R. No. 2780H.01I Bill No. HB 1281 Page 4 of March 11, 2025 BB:LR:OD could exceed $637,650 ($32,700,000 x 1.95%) where claimants did not comply with the work search requirements, to the unemployment trust fund in the fiscal note. Section 288.104 "Employment Security Program Integrity Act of 2022" Oversight notes that the Department of Higher Education and Workforce Development (DHEWD) currently has jobs.mo.gov link for potential employees seeking jobs and connect with employers throughout the Missouri. However, this proposal would require the DOLIR - Division of Employment Security (DES) to expand its current processes for matching job opportunities to the Unemployment Insurance claims to include the facilitation of contact between claimants and employers while monitoring the responsiveness of claimants to job referrals. Oversight notes that DES currently cross-matches unemployment records against the National Directory of New Hires and the State Directory of New Hires. Moreover, the DES currently accesses the Integrity Data Hub if needed which provides critical cross-matching functionality to combat the challenges and urgencies of UI fraud. Oversight notes the Payment Integrity Information Act (PIIA) of 2019, requires programs to report an annual improper payment rate below 10 percent, and the UI program established a performance measure for states to meet the 10 percent requirement. The Missouri improper payment rate projected between July 1, 2020 - June 30, 2023 reached 8.91% ( Payment Accuracy). Oversight will note the proposal, Section 288.104, will have no fiscal impact on their organization. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note. L.R. No. 2780H.01I Bill No. HB 1281 Page 5 of March 11, 2025 BB:LR:OD FISCAL IMPACT – State GovernmentFY 2026 (10 Mo.) FY 2027FY 2028UNEMPLOYMENT INSURANCE TRUST FUND Cost Avoidance – DOLIR- §288.050 – improper work search unemployment payment not being paid – p.3 $0 to Could exceed $637,000 $0 to Could exceed $637,000 $0 to Could exceed $637,000 ESTIMATED NET EFFECT ON THE UNEMPLOYMENT INSURANCE TRUST FUND $0 to Could exceed $637,000 $0 to Could exceed $637,000 $0 to Could exceed $637,000 FISCAL IMPACT – Local GovernmentFY 2026 (10 Mo.) FY 2027FY 2028$0$0$0 FISCAL IMPACT – Small Business A direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This bill adds to the reasons a claimant is disqualified for unemployment compensation by adding that if the designated representative of the Division of Employment Security (Division) within the Department of Labor and Industrial Relations finds that a claimant failed to appear for a scheduled job interview or skills test. The bill also revises the method of notifying the claimant by deleting the current requirement of certified mail and referring to notification in writing or by email or telephone. The Division must establish a method allowing employers to report by email or telephone individuals who do not accept or respond to offers of employment or do not appear for scheduled interviews or tests. This bill establishes the "Employment Security Program Integrity Act of 2025" and defines terms such as "Employment security rolls", "National data check system", "New-hire records", and "Welfare agency" for the purpose of this Act. The bill specifies methods for verifying the identity of unemployment compensation benefit claimants, including multi-factor authentication. L.R. No. 2780H.01I Bill No. HB 1281 Page 6 of March 11, 2025 BB:LR:OD This bill allows the Division to pursue the recovery of fraudulent or improper unemployment compensation benefits overpayment. The Division is required to provide an annual report to the General Assembly each year, by December 31st, describing improper unemployment compensation benefit payments and their recovery efforts. The Division is authorized to enter into a memorandum of understanding with other state entities to share and receive the necessary information. This bill allows for the promulgation of rules and regulations by the Division for the administration of this section. This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space. SOURCES OF INFORMATION Office of Administration Department of Labor and Industrial Relations Office of Administration - Administrative Hearing Commission Julie MorffJessica HarrisDirectorAssistant DirectorMarch 11, 2025March 11, 2025