Bill No.: SF0080                     Drafter:  JWL

 

LSO No.:   05LSO-0368                 Effective Date:  7/1/2005

 

Enrolled Act No.:    SEA0083

 

Chapter No.:         186

 

Prime Sponsor:       Joint Labor, Health and Social Services Interim Committee

 

Catch Title:         Unemployment compensation amendments.

 

Subject:   Enacts miscellaneous amendments to the Wyoming Employment Security Law.

 

Summary/Major Elements:

 

·         Prohibits violating any provision of the Wyoming Employment Security Law related to determining the assignment of an employer's contribution rate and:

 

o        Imposes a penalty contribution rate on employers for three years following a violation;

 

o        Authorizes a civil penalty of up to $50,000.00 on a person who is not an employer and violates the act;

 

o        Declares the violation a felony punishable by a fine of up to $50,000.00, imprisonment for up to five years, or both, if the violation is knowing or with deliberate ignorance or reckless disregard of the true facts or requirements of the employment security law.

 

·         Provides that an appeal of a determination by a party must be filed within 15 days, that the department may make a monetary redetermination at any time during the benefit year and that notice of determination shall be sent to the claimant's last employing unit at the address of record or last known address.

 

·         Provides definitions of "temporary service contractor" and "temporary worker" and clarifies that the temporary service contractor is the employing unit of a temporary worker for purposes of paying contributions.

 

·         Specifies additional situations in which the claims experience of an employer will or will not transfer to a successor employer.

 

·         Clarifies and coordinates provisions regarding information sharing by the department and authorizes disclosure of information to the railroad retirement board, the social security administration, other unemployment agencies and the office of the United States bankruptcy trustee.