FANN SUBSTITUTE FLOOR AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2173
I move the following SUBSTITUTE Floor amendment to the INSURANCE & RETIREMENT Committee amendment to
HOUSE BILL 2173(Reference to printed bill)
Page 2, strike lines 25-34, insert:
K. The commission shall not relieve an employer's account of charges relating to an erroneous benefit payment if the commission determines both of the following:
1. The erroneous benefit payment was made because the employer or an agent of the employer failed to timely or adequately respond to a written request from the commission for information relating to a claim for unemployment compensation.
2. The employer or the employer's agent has established a pattern of failing to timely or adequately respond to requests.
L. For the purposes of subsection K of this section:
1. "Erroneous benefit payment" means a payment that would not have been made but for the failure of the employer or the employer's agent to make a timely or adequate response as described in subsection K, paragraph 1 of this section in regard to the claim for unemployment compensation.
2. "Pattern of failing" means the repeated documented failure of an employer or employer's agent to make timely and adequate responses as described in subsection K, paragraph 1 of this section with consideration of the number of instances of failure in relation to the total number of requests. Pattern of failing shall be determined by reviewing the most immediate twelve month prior period. a pattern shall be established if the employer or the agent representing the employer has five or more failures or
failures in more than five per cent of the number of requests, whichever is greater."