|
State
Bill |
Summary |
Last Action |
|
Alabama
HB 148
and
SB 186 |
Prevents an employer from setting up a shell company which is under substantial common ownership, management, and control as the first company and then transferring some or all of its workforce from the first company with a high unemployment experience rate to the shell company after the shell company has earned a low unemployment experience rate. |
Indefinitely Postponed, 5/3/05 |
|
HB 346
and
SB 197 |
Creates the Alabama Professional Employer Organization Registration Act to regulate entities that lease employees to other entities. Establishes requirements for registration, including registration fees and annual renewal fees. |
Indefinitely Postponed, 5/3/05 |
|
Arizona
HB 2093
|
Concerns modifications to the method of determining the unemployment insurance tax rate of an entity that acquires an employer's business. |
Sent to Governor, 4/27/05 |
|
Alaska
HB 242 |
Relates to the deposit of certain penalties collected under the unemployment insurance program. Requires an employing unit with a change in ownership, management or control to notify the Department of Labor and Workforce Development of the ownership change. |
To House Committee On Finance, 4/1/05 |
|
Colorado
HB 1092 |
Concerns modifications to the method of determining the unemployment insurance tax rate of an entity that acquires an employer's business. |
Session Law Chaptered. Chapter No. 155, 6/1/05 |
|
Connecticut
HB 6918 |
Conforms state unemployment compensation law to federal requirements to avoid an increase in employer taxes. |
Public Act No. 05-85, 6/2/05 |
|
Delaware
SB 130 |
Conforms state unemployment compensation law to federal requirements to avoid an increase in employer taxes. |
Passed House, 6/28/05 |
|
Florida
SB 1652 |
Prohibits establishing a fictitious employing unit for the purpose of receiving unemployment benefits. |
In Senate. Laid On Table, 4/29/05 |
|
HB 1693 |
Specifies penalties for false employer schemes. Authorizes access to records of investigations relating to unemployment compensation fraud. Prohibits transfer of unemployment experience by acquisition of business in certain cases. |
Chapter No. 2005-209, 6/10/05 |
|
Hawaii
HB 1404 |
Enables certain successor companies that acquire a business to also acquire its predecessor's unemployment insurance contribution assessment rate through 12/31/05. |
Additionally Referred To House Committee On Labor And Public Employment, 1/31/05 |
|
HB 708
|
Eliminates the practice of "dumping" whereby some employers and financial advisors use acquisitions or restructuring schemes, including shifting of workforce and payroll. |
Referred To House Committee On Labor And Public Employment, 1/27/05 |
|
Idaho
HB 4
|
Revises definitions in existing law relating to unemployment insurance tax rates. |
Chaptered. Chapter No. 5, 2/7/05 |
|
Illinois
HB 2539 |
Amends the Unemployment Insurance Act. Provides that, if an individual or entity transfers all or a portion of its trade or business and the transferor and transferee have any material common ownership, management, or control of the trade or business, the experience rating records of the transferor and transferee shall be combined for the purpose of determining their contribution rate. |
Rereferred To House Committee On Rules, 3/10/05 |
|
SB 411 |
Provides that if an individual or entity transfers all or a portion of its trade or business and there is any substantial common ownership, management, or control of the transferor and transferee, the experience rating records of the transferor and transferee shall be combined for the purpose of determining their contribution rate. |
To Governor, 6/23/05 |
|
Indiana
SB 612 |
Establishes the circumstances, as prescribed by federal law, in which a mandatory transfer or prohibited transfer of the resources and liabilities of an employer's experience account and contribution rate occurs for unemployment compensation purposes |
Public Law No. 98, 4/26/05 |
|
Kansas
SB 108 |
Prevents SUTA dumping to avoid payment of unemployment taxes. |
Signed by Governor, 4/15/05 |
|
Kentucky
SB 113 |
Clarifies that if an employer transfers its trade or business to another employing unit and both are under substantially common ownership, management, or control, then the unemployment experience attributable will also be transferred to the employer to whom the trade or business is transferred. |
Act No. 12, 3/2/05 |
|
Maine
SB 335 |
Provides for help to detect businesses with high unemployment insurance tax rates resulting from a high volume of layoff activity setting up shell companies and transferring their employees to the shell companies to get lower, new-employer unemployment insurance tax rates and deters those businesses from doing so. |
Public Law No. 120, 5/18/05 |
|
Maryland
HB 1567 |
Provides for the determination of specified unemployment insurance experience rates for specified successor employers. |
Chapter No. 610, 5/26/05 |
|
Michigan
HB 4415
and
SB 172 |
Revises certain revisions to the unemployment compensation fund provision to harmonize with anti-SUTA provisions. |
Public Act No. 16, 5/4/05 |
|
HB 4174
|
Revises certain revisions to the unemployment compensation fund provision to harmonize with anti-SUTA provisions. |
Referred to Committee on Employment Relations, Training, and Safety, 2/2/05 |
|
Minnesota
HB 898
and
SB 944 |
Conforms various provisions to federal requirements. |
Filed With Secretary Of State. Chapter No. 112, 5/26/05 |
|
Mississippi
SB 2472 |
Relates to transfer of unemployment compensation experience and rates. Provides for a setoff against tax refunds for debts and requires notice to debtor. |
Signed By Governor, 3/16/05 |
|
Missouri
HB 500
|
Requires that the unemployment experience rate transfer with a business if both employers involved in the transfer have substantially common ownership, management, or control of the business and the transfer was made to lower the rating. |
Signed by Governor, 7/6/05 |
|
Montana
HB 159
|
Revises procedures for the transfer of experience ratings from a predecessor to a successor employer and providing penalties for wrongfully obtaining a lower experience rating |
Signed by Governor, 4/28/05 |
|
Nebraska
LB 484
|
Provides provisions relating to tax avoidance, wage determination, fund withdrawals, benefit eligibility, and tax liability and rate; to provide for electronic payments, reports, and reimbursements by employers as prescribed; to provide penalties; to harmonize provisions. |
Signed by Governor, 6/2/05 |
|
New Hampshire
HB 170
|
Makes various changes to laws on unemployment compensation administered by the department of employment security including mass layoff, appeals of benefits determinations, and transfers of businesses by employers. |
Signed by Governor |
|
New Mexico
HB 520
|
Provides additional criteria for the transfer of experience history with the transfer of employing enterprise; provides civil and criminal penalties. |
Chaptered, 4/6/05 |
|
North Dakota
HB 1195 |
Relates to definitions, payment of unemployment insurance by staffing services, employer restructuring activities; transfer of unemployment insurance tax account reserve history; relates to transfer of unemployment insurance employer experience history to a successor entities and the transfer of workforce to other entities; provides a penalty. |
Signed by Governor, 4/25/05 |
|
Ohio
SB 81 |
Concerns civil and criminal penalties for manipulating payroll and business transfer information to obtain lower contribution rates and in the treatment of Indian tribes as employers. |
Session Law No. 20, 6/2/05 |
|
Oklahoma
SB 763
|
Concerns civil and criminal penalties for manipulating payroll and business transfer information to obtain lower contribution rates and in the treatment of Indian tribes as employers. |
Signed by Governor |
|
Rhode Island
HB 5914
and
SB 697 |
Requires state to implement the "SUTA" law to prevent employers from manipulating state experience rating systems so that these employers pay lower unemployment insurance taxes than their unemployment experience would otherwise allow. |
To House Committee On Finance
5/11/05
To House Committee On Finance, 3/1/05 |
|
South Dakota
SB 13 |
Creates certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates. |
Session Law. Chapter No. 281, 2/16/05 |
|
Texas
HB 3250 |
Relates to the acquisition of unemployment compensation experience after the transfer of an employing unit; provides penalties. |
Signed By Governor, 6/18/05 |
|
Utah
HB 10 |
Defines taxable wages and unemployment experience for purposes related to an employer's overall basic contribution rate, including the acquisition of the unemployment experience of another employer; provides for assignment of rates and unemployment experience transfers upon the transfer or acquisition of a trade or business; provides penalties for a person who violates or attempts to violate provisions related to determining the assignment of a contribution rate. |
Signed By Governor, 3/1/05 |
|
Vermont
HB 71 |
Creates penalties for employers who acquire businesses for the purpose of avoiding a high unemployment compensation contribution rate; provides for recalculation of rate of employers if an employer transfers its trade or business and there is common ownership management or control; provides for the highest rate assignable if the commission finds the business was acquired solely for obtaining a lower rate of contributions. |
Chapter No. 234, 3/18/05 |
|
Virginia
HB 2137 |
Establishes the civil and criminal penalties that shall be assessed against, and the unemployment compensation tax rates that shall apply to, persons who transfer any trade or business to another where at the time of transfer there is substantially common ownership, management, or control of the trade or business and the sole or primary purpose of the transfer is to obtain a lower unemployment tax rate. |
Acts Of Assembly. Chapter No. 91, 3/21/05 |
|
Washington
HB 2246
|
Relating to ensuring employers pay the contribution rate they have earned; provides penalties. |
Re-referred to House Rules Committee, 3/16/05 |
|
West Virginia
HB 3355 |
Relates to unemployment compensation; revokes and prevents contractual relationships or licensure with employers who are in default; places a limit on the amount of wages an election official can receive in a calendar year that are not considered employment wages for unemployment compensation purposes; eliminates reductions in unemployment compensation for persons receiving benefits under Title II of the Social Security Act; prevents State Unemployment Tax Act dumping. |
To Senate Committee On Finance, 4/6/05 |
|
Wyoming
SB 80 |
Relates to unemployment compensation; prohibits contribution rate manipulation; prescribes civil and criminal penalties for contribution rate manipulation; amends child support withholding; clarifies re-determination authority and notices as specified; clarifies that a temporary service contractor is the employing unit of a temporary worker; prescribes the contribution rate upon transfer of a business; eliminates the one-week waiting period. |
Chapter No. 186, 3/2/05 |
