Enrolled HB 490: Relating to the release of employment security records, to the binding effect of determinations and decisions regarding unemployment compensation benefits, and to contributions, interest, penalties, and payments under the Alaska Employment Security Act; providing that property under the Alaska Employment Security Act is not subject to the Uniform Unclaimed Property Act; and providing for an effective date.
00Enrolled HB 490 01 Relating to the release of employment security records, to the binding effect of determinations 02 and decisions regarding unemployment compensation benefits, and to contributions, interest, 03 penalties, and payments under the Alaska Employment Security Act; providing that property 04 under the Alaska Employment Security Act is not subject to the Uniform Unclaimed Property 05 Act; and providing for an effective date. 06 _______________ 07 * Section 1. AS 23.20.110(g) is amended to read: 08 (g) The requirements of this section concerning the confidentiality of 09 information obtained in the course of administering this chapter apply to officers and 10 employees of a state, [OR] federal, or municipal agency to whom the department 11 provides information as authorized by this section. 12 * Sec. 2. AS 23.20.110 is amended by adding a new subsection to read: 13 (q) Upon the written request by a state district attorney, a municipal attorney,
01 a United States attorney, or the Federal Bureau of Investigation, the department may 02 release to the requestor information under this section for the investigation or 03 prosecution of a crime or to enforce an order of a court in a criminal matter, including 04 enforcing probation or parole conditions. 05 * Sec. 3. AS 23.20.115 is amended to read: 06 Sec. 23.20.115. Unauthorized disclosure of information. A member of the 07 department, an employee of the department, an agent of the department, or an officer 08 or employee of a state, [OR] federal, or municipal agency that has been provided with 09 information by the department who, in violation of AS 23.20.110, makes a disclosure 10 of information obtained from an employing unit or from an individual in the 11 administration of this chapter, or a person who has obtained a list of applicants for 12 work or of claimants or recipients of benefits under this chapter and who uses or 13 permits the use of the list for a purpose not authorized by AS 23.20.110 is guilty of a 14 class B misdemeanor. 15 * Sec. 4. AS 23.20.225(e) is amended to read: 16 (e) The department shall adopt regulations providing for the disposition of 17 excess contributions paid to the unemployment compensation fund under 18 AS 23.20.130 after notice and opportunity for hearing [. THE REGULATIONS 19 MUST BE SUBSTANTIALLY SIMILAR TO THE PROVISIONS OF AS 34.45.110 20 - 34.45.430]. 21 * Sec. 5. AS 23.20.240(f) is amended to read: 22 (f) In this section, "employer" as defined in AS 23.20.520 also includes [, 23 BUT IS NOT LIMITED TO,] an officer or employee of a corporation, a member, 24 manager, or employee of a limited liability company, or a member or employee of a 25 partnership, including a limited partnership and a limited liability partnership, 26 who, as an officer, employee, manager, or member, is under a duty to pay the 27 contributions as required by (a) of this section. 28 * Sec. 6. AS 23.20.242 is amended to read: 29 Sec. 23.20.242. Appeals by officer, manager, member, or employee. The 30 department shall permit each officer or employee of a corporation, member, 31 manager, or employee of a limited liability company, or [A] member or employee
01 of a partnership, including a limited partnership and a limited liability 02 partnership, who is required to pay the contributions and interest owed by the 03 corporation, limited liability company, or partnership, including the limited 04 partnership and the limited liability partnership, under AS 23.20.165 - 23.20.278 05 to appeal individually their duty to pay under those sections. 06 * Sec. 7. AS 23.20.390(c) is amended to read: 07 (c) For similar cause and in the same manner, a claim by another state for the 08 recovery of sums paid as benefits under an employment security law of the other state 09 is recoverable under this chapter if the sums were [FRAUDULENTLY] obtained by 10 an individual who is not entitled and the other state has a comparable provision in its 11 employment security law for recovery of the sums on behalf of this state. 12 * Sec. 8. AS 23.20.497 is amended by adding a new subsection to read: 13 (b) In this section, "action" means a court or administrative proceeding not 14 brought under this chapter or an arbitration proceeding. 15 * Sec. 9. AS 23.20.520 is amended by adding a new paragraph to read: 16 (21) "municipal agency" means an agency of a municipality of the 17 state; in this paragraph, "municipality" has the meaning given in AS 29.71.800. 18 * Sec. 10. AS 23.20.526(a)(16) is amended to read: 19 (16) service performed as a student nurse in the employ of a 20 hospital or a nurses' training school by an individual who is enrolled and is 21 regularly attending classes in a nurses' training school chartered or approved in 22 accordance with the laws of this state, and service performed as an intern in the 23 employ of a hospital by an individual who has completed a four-year course in a 24 medical school chartered or approved in accordance with the laws of this state 25 [AFTER DECEMBER 31, 1971, BY NURSES, TECHNICIANS, AND OTHER 26 PROFESSIONAL EMPLOYEES OF HOSPITALS NO PART OF THE NET 27 EARNINGS OF WHICH INURES TO THE BENEFIT OF A PRIVATE 28 SHAREHOLDER OR INDIVIDUAL], unless the service is required to be covered 29 under the Federal Unemployment Tax Act; 30 * Sec. 11. AS 23.20.530(b) is amended by adding a new paragraph to read: 31 (13) the amount of payment made, or benefit furnished, by the
01 employer under a plan to provide educational assistance to or for the benefit of an 02 employee if, at the time of the payment or the furnishing, it is reasonable to believe 03 that the employee will be able to exclude the payment or benefit from income under 04 26 U.S.C. 127(b). 05 * Sec. 12. AS 34.45.760(14) is amended to read: 06 (14) "property" means personal property, but does not include property 07 covered by 08 (A) AS 14.57.200 - 14.57.290; 09 (B) AS 23.20; 10 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).