00                            HOUSE BILL NO. 490                                                                          
01 "An Act relating to the release of employment security records, to the admissibility of                                 
02 determinations and decisions regarding unemployment compensation benefits, and to                                       
03 contributions, interest, penalties, and payments under the Alaska Employment Security                                   
04 Act; providing that property under the Alaska Employment Security Act is not subject                                    
05 to the Uniform Unclaimed Property Act; and providing for an effective date."                                            
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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                                                                
20       AS 34.45.110 - 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, but is                            
23       not limited to, an officer or employee of a corporation, a member, manager, or                                
24       employee of a limited liability company, or a member or employee of a partnership                             
25       who, as an officer, employee, manager, or member, is under a duty to pay the                                  
26       contributions as required by (a) of this section.                                                                 
27    * Sec. 6.  AS 23.20.242 is amended to read:                                                                        
28            Sec. 23.20.242.  Appeals by officer, manager, member, or employee.  The                                  
29       department shall permit each officer or employee of a corporation, member,                                    
30       manager, or employee of a limited liability company, or a member or employee of a                             
31       partnership who is required to pay the contributions and interest owed by the                                     

01       corporation, limited liability company, or partnership under AS 23.20.165 -                                   
02        23.20.278 to appeal individually their duty to pay under those sections.                                         
03    * Sec. 7.  AS 23.20.390(c) is amended to read:                                                                     
04            (c)  For similar cause and in the same manner, a claim by another state for the                              
05       recovery of sums paid as benefits under an employment security law of the other state                             
06       is recoverable under this chapter if the sums were [FRAUDULENTLY] obtained by                                 
07       an individual who is not entitled and the other state has a comparable provision in its                       
08       employment security law for recovery of the sums on behalf of this state.                                         
09    * Sec. 8.  AS 23.20.497 is amended by adding a new subsection to read:                                             
10            (b)  In this section, "action" means a court or administrative proceeding not                                
11       brought under this chapter, or an arbitration proceeding.                                                         
12    * Sec. 9.  AS 23.20.520(10) is amended to read:                                                                    
13                 (10)  "employing unit" means one or more departments or other                                           
14       agencies of the state, a political subdivision of the state, an individual, or a type of                          
15       organization, partnership, limited liability company, association, trust, estate, joint                       
16       trust company, insurance company, or domestic or foreign corporation, or the receiver,                            
17       referee in bankruptcy, trustee, or successor of one of these, or the legal representative                         
18       of a deceased person, which has or, after January 1, 1937, had one or more individuals                            
19       performing service for it in the state; an individual performing services in the state for                        
20       an employing unit which maintains two or more separate establishments in the state is                             
21       considered as employed by a single employing unit for the purposes of this chapter;                               
22       notwithstanding any provision in this chapter, any employing unit which employs                                   
23       individuals whose services must be covered by the unemployment insurance laws of                                  
24       this state after December 31, 1971 as a condition of approval of the unemployment                                 
25       insurance laws of this state under 26 U.S.C. 3304(a) (Internal Revenue Code of 1954),                             
26       as amended, will be considered an employer as to those individuals and is subject to                              
27       contributions on all wages paid after December 31, 1971, or reimbursement payments                                
28       to cover benefits paid based on services performed after December 31, 1971,                                       
29       depending on the applicable law;                                                                                  
30    * Sec. 10.  AS 23.20.520 is amended by adding a new paragraph to read:                                             
31                 (21)  "municipal agency" means an agency of a municipality of the                                       

01       state; in this paragraph, "municipality" has the meaning given in AS 29.71.800.                                   
02    * Sec. 11.  AS 23.20.526(a)(16) is amended to read:                                                                
03                 (16)  service performed as a student nurse in the employ of a                                       
04       hospital or a nurses' training school by an individual who is enrolled and is                                 
05       regularly attending classes in a nurses' training school chartered or approved in                             
06       accordance with the laws of this state, and service performed as an intern in the                             
07       employ of a hospital by an individual who has completed a four-year course in a                               
08       medical school chartered or approved in accordance with the law of this state                                 
09       [AFTER DECEMBER 31, 1971, BY NURSES, TECHNICIANS, AND OTHER                                                       
10       PROFESSIONAL EMPLOYEES OF HOSPITALS NO PART OF THE NET                                                            
11       EARNINGS OF WHICH INURES TO THE BENEFIT OF A PRIVATE                                                              
12       SHAREHOLDER OR INDIVIDUAL], unless the service is required to be covered                                          
13       under the Federal Unemployment Tax Act;                                                                           
14    * Sec. 12.  AS 23.20.530(b) is amended by adding a new paragraph to read:                                          
15                 (13)  the amount of payment made, or benefit furnished, by the                                          
16       employer under a plan to provide educational assistance to or for the benefit of an                               
17       employee if, at the time of the payment or the furnishing, it is reasonable to believe                            
18       that the employee will be able to exclude the payment or benefit from income under                                
19       26 U.S.C. 127(b).                                                                                                 
20    * Sec. 13.  AS 34.45.760(14) is amended to read:                                                                   
21                 (14)  "property" means personal property, but does not include property                                 
22       covered by                                                                                                        
23                      (A)  AS 14.57.200 - 14.57.290;                                                                 
24                      (B)  AS 23.20;                                                                                 
25    * Sec. 14.  This Act takes effect immediately under AS 01.10.070(c).