CSHB 490(JUD): "An Act 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."
00 CS FOR HOUSE BILL NO. 490(JUD) 01 "An Act relating to the release of employment security records, to the binding effect 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 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(10) is amended to read: 16 (10) "employing unit" means one or more departments or other 17 agencies of the state, a political subdivision of the state, an individual, or a type of 18 organization, partnership, limited liability company, association, trust, estate, joint 19 trust company, insurance company, or domestic or foreign corporation, or the receiver, 20 referee in bankruptcy, trustee, or successor of one of these, or the legal representative 21 of a deceased person, that [WHICH] has or, after January 1, 1937, had one or more 22 individuals performing service for it in the state; an individual performing services in 23 the state for an employing unit that [WHICH] maintains two or more separate 24 establishments in the state is considered as employed by a single employing unit for 25 the purposes of this chapter; notwithstanding any provision in this chapter, any 26 employing unit that [WHICH] employs individuals whose services must be covered 27 by the unemployment insurance laws of this state after December 31, 1971, as a 28 condition of approval of the unemployment insurance laws of this state under 26 29 U.S.C. 3304(a) (Internal Revenue Code of 1954), as amended, will be considered an 30 employer as to those individuals and is subject to contributions on all wages paid after 31 December 31, 1971, or reimbursement payments to cover benefits paid based on
01 services performed after December 31, 1971, depending on the applicable law; 02 * Sec. 10. AS 23.20.520(10) is repealed and reenacted to read: 03 (10) "employing unit" means an individual or type of organization, 04 partnership, limited liability company, association, trust, estate, joint trust company, 05 insurance company, or domestic or foreign corporation, or the receiver, referee in 06 bankruptcy, trustee, or successor of one of these, or the legal representative of a 07 deceased person, that has or subsequent to January 1, 1937, had one or more 08 individuals performing service for it within the state; an individual performing 09 services inside the state for an employing unit that maintains two or more separate 10 establishments inside the state is considered as employed by a single employing unit 11 for the purposes of this chapter; notwithstanding any provision in this chapter, any 12 employing unit that employs individuals whose services must be covered by the 13 unemployment insurance laws of this state after December 31, 1971, as a condition of 14 approval of the unemployment insurance laws of this state under 26 U.S.C. 3304(a) 15 (Internal Revenue Code of 1954), as amended, will be considered an employer as to 16 those individuals and is subject to contributions on all wages paid after December 31, 17 1971, or reimbursement payments to cover benefits paid based on services performed 18 after December 31, 1971, depending on the applicable law; 19 * Sec. 11. AS 23.20.520 is amended by adding a new paragraph to read: 20 (21) "municipal agency" means an agency of a municipality of the 21 state; in this paragraph, "municipality" has the meaning given in AS 29.71.800. 22 * Sec. 12. AS 23.20.526(a)(16) is amended to read: 23 (16) service performed as a student nurse in the employ of a 24 hospital or a nurses' training school by an individual who is enrolled and is 25 regularly attending classes in a nurses' training school chartered or approved in 26 accordance with the laws of this state, and service performed as an intern in the 27 employ of a hospital by an individual who has completed a four-year course in a 28 medical school chartered or approved in accordance with the laws of this state 29 [AFTER DECEMBER 31, 1971, BY NURSES, TECHNICIANS, AND OTHER 30 PROFESSIONAL EMPLOYEES OF HOSPITALS NO PART OF THE NET 31 EARNINGS OF WHICH INURES TO THE BENEFIT OF A PRIVATE
01 SHAREHOLDER OR INDIVIDUAL], unless the service is required to be covered 02 under the Federal Unemployment Tax Act; 03 * Sec. 13. AS 23.20.530(b) is amended by adding a new paragraph to read: 04 (13) the amount of payment made, or benefit furnished, by the 05 employer under a plan to provide educational assistance to or for the benefit of an 06 employee if, at the time of the payment or the furnishing, it is reasonable to believe 07 that the employee will be able to exclude the payment or benefit from income under 08 26 U.S.C. 127(b). 09 * Sec. 14. AS 34.45.760(14) is amended to read: 10 (14) "property" means personal property, but does not include property 11 covered by 12 (A) AS 14.57.200 - 14.57.290; 13 (B) AS 23.20; 14 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 CONDITIONAL EFFECT OF SECTION 10 OF THIS ACT. AS 23.20.520(10), as 17 repealed and reenacted by sec. 10 of this Act, takes effect only if sec. 33, ch. 122, SLA 1977, 18 takes effect. 19 * Sec. 16. If sec. 10 of this Act takes effect, it takes effect on the effective date set out in 20 sec. 34, ch. 122, SLA 1977. 21 * Sec. 17. Except as provided in sec. 16 of this Act, this Act takes effect immediately under 22 AS 01.10.070(c).