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First Substitute H.B. 19

Representative Merlynn T. Newbold proposes the following substitute bill:





Sponsor: Merlynn T. Newbold

             6      This act amends the Employment Security Act by providing for additional
             7      unemployment benefits for individuals who have exhausted their regular benefits. The
             8      act provides specific requirements to receive the additional benefits and a limit on the
             9      amount of benefits an individual can receive. The act sunsets Section 35A-4-402.5 on
             10      July 1, 2004.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          63-55-235, as last amended by Chapter 46, Laws of Utah 2001
             14      ENACTS:
             15          35A-4-402.5, Utah Code Annotated 1953
             16      Be it enacted by the Legislature of the state of Utah:
             17          Section 1. Section 35A-4-402.5 is enacted to read:
             18          35A-4-402.5. Additional benefits.
             19          (1) The eligibility provisions of this chapter and department rules which apply to
             20      claims for, or payments of, regular benefits apply to claims for, and payments of, additional
             21      benefits, except when the result would be inconsistent with the other provisions of this section
             22      or the rules of the department.
             23          (2) An individual is eligible to receive additional benefits if the individual:
             24          (a) has received or exhausted all of the regular benefits that were available to the
             25      individual under this chapter or any other state law, including benefits payable to federal

             26      civilian employees and ex-servicemen under 5 U.S.C. Chapter 85. An individual, for the
             27      purposes of this Subsection (2)(a), is considered to have received all of the regular benefits that
             28      were available to the individual even though, as a result of a pending appeal with respect to
             29      wages or employment, or both, that were not considered in the original monetary determination
             30      in the individual's benefit year, the individual may subsequently be determined to be entitled to
             31      added regular benefits;
             32          (b) has insufficient wages to establish a new benefit year or has sufficient wages but
             33      does not meet the subsequent qualifying provisions of Subsection 34A-4-403 (1)(g);
             34          (c) has no right to unemployment benefits or allowances, as the case may be, under the
             35      Railroad Unemployment Insurance Act, and has not received, and is not seeking,
             36      unemployment benefits under the unemployment compensation law of any other state,
             37      Washington D.C., the Virgin Islands, Puerto Rico, or Canada. If the individual is seeking those
             38      benefits and the appropriate agency finally determines that the individual is not entitled to
             39      benefits under that law, the individual may be eligible for additional benefits;
             40          (d) filed an initial claim for regular benefits on or after March 15, 2001; and
             41          (e) files an initial application for additional benefits on or after June 1, 2003, and on or
             42      before December 27, 2003, and has an effective date no later than December 21, 2003.
             43          (3) (a) (i) The first payable week for additional benefits is the week beginning June 1,
             44      2003.
             45          (ii) The last payable week for additional benefits is the week beginning January 25,
             46      2004.
             47          (b) Notwithstanding Section 35A-4-402 , "regular benefits" as used in this section
             48      means benefits payable to an individual under this chapter or under any other state law,
             49      including benefits payable to federal civilian employees and to ex-servicemen under 5 U.S.C.
             50      Chapter 85, other than extended benefits and additional benefits.
             51          (4) (a) The weekly additional benefit amount is the same as the weekly regular benefit
             52      amount payable during the individual's applicable benefit year.
             53          (b) The applicable benefit year means the benefit year for the most recent claim for
             54      regular benefits that was effective on or after March 15, 2001, for which the individual was
             55      monetarily eligible.
             56          (5) The total additional benefit amount payable to any eligible individual is five times

             57      the individual's weekly regular benefit amount payable under this chapter for a week of total
             58      unemployment in the applicable benefit year.
             59          (6) An individual shall exhaust the individual's entitlement to benefits in the following
             60      order:
             61          (a) regular benefits;
             62          (b) Temporary Extended Unemployment Compensation, if available;
             63          (c) additional benefits;
             64          (d) extended benefits; and
             65          (e) Trade Readjustment Allowances (TRA).
             66          (7) TRA and additional benefits cannot be paid for the same week.
             67          (8) (a) Benefits costs for additional benefits may not be charged to contributory
             68      employers.
             69          (b) Reimbursable and federal employers and branches of the military are not liable to
             70      pay the division for additional benefits.
             71          Section 2. Section 63-55-235 is amended to read:
             72           63-55-235. Repeal dates, Title 35A.
             73          (1) Title 35A, Utah Workforce Services Code, is repealed July 1, 2005.
             74          (2) Section 35A-3-114 , the Displaced Homemaker Program, together with the
             75      provision for funding that program contained in Subsection 17-16-21 (2)(b), is repealed July 1,
             76      2007.
             77          (3) Section 35A-4-402.5 , the additional benefits program, is repealed July 1, 2004.

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