First Regular Session H.B. 2805
COMMITTEE ON APPROPRIATIONS
SENATE AMENDMENTS TO H.B. 2805
(Reference to House engrossed bill)
Page 1, line 14, strike "15" insert "16"
Line 15, after "of" insert a colon; after "dollars" insert:
"(a)"
Line 16, after "thereafter" insert "through December 31, 2021"
Line 21, after the period strike remainder of line
Strike line 22
Line 23, strike "$8,000." insert:
"(b) $8,000 paid in the 2022 calendar year or in a calendar year thereafter to an individual by an employer or the employer's predecessor with respect to employment during the calendar year, unless that part of such excess remuneration is subject to a tax, under federal law, against which credit may be taken for contributions required to be paid into a state unemployment fund by employers subject to the federal law.
2."; strike "this"; after "paragraph" insert "1 of this subsection"
Line 28, strike "this"; after "paragraph" insert "1 of this subsection"
Renumber to conform
Page 4, line 4, strike "15" insert "16"
Line 18, strike "5" insert "6"
Between lines 23 and 24, insert:
"Sec. 2. Section 23-771, Arizona Revised Statutes, is amended to read:
23-771. Eligibility for benefits
A. An unemployed individual is eligible to receive benefits with respect to any week only if the department finds that the individual:
1. Has registered for work at and thereafter has continued to report at an employment office in accordance with the regulations prescribed by the department.
2. Has made a claim for benefits in accordance with section 23-772.
3. Is able to work.
4. Except for an individual who is applying for shared work benefits pursuant to article 5.1 of this chapter, is available for work and both of the following apply:
(a) The individual has engaged in a systematic and sustained effort to obtain work during at least four days of the week.
(b) The individual has made at least one job contact per day on four different days of the week.
5. Has been unemployed for a waiting period of one week. A week is not counted as a week of unemployment for the purpose of this paragraph:
(a) Unless it occurs within the benefit year that includes the week with respect to which the individual claims payment of benefits.
(b) Unless the individual was eligible for benefits with respect thereto to the week as provided in this section and sections 23-775, 23-776 and 23-777.
(c) If benefits have been paid in respect thereto to the week.
6. Has met one of the following requirements:
(a) Has been paid wages for insured work during the individual's base period equal to at least one and one-half times the wages paid to the individual in the calendar quarter of the individual's base period in which the wages were highest, and the individual has been paid wages for insured work in one calendar quarter of the individual's base period equal to an amount that is equal to at least three hundred ninety times the minimum wage prescribed by section 23-363 that is in effect when the individual files a claim for benefits.
(b) Has for a benefit year beginning on or after September 2, 1984, been paid wages for insured work during at least two quarters of the individual's base period and the amount of the wages paid in one quarter would be sufficient to qualify the individual for the maximum weekly benefit amount payable under this chapter and the total of the individual's base-period wages is equal to or greater than the taxable limit as specified in section 23-622, subsection B, paragraph paragraphs 1 and 2.
7. Following the beginning date of a benefit year established under this chapter or the unemployment compensation law of any other state and before the effective date of a subsequent benefit year under this chapter, has performed services whether or not in employment as defined in section 23-615 for which wages were payable in an amount equal to or in excess of eight times the weekly benefit amount for which the individual is otherwise qualified under section 23-779. In making a determination under this paragraph the department shall use information available in its records or require the individual to furnish necessary information within thirty days after the date notice is given that the information is required.
B. If an unemployed individual cannot establish a benefit year as defined in section 23-609 due to receipt during the base period of compensation for a temporary total disability pursuant to chapter 6 of this title, or any similar federal law, the individual's base period shall be the first four of the last five completed calendar quarters immediately preceding the first day of the calendar week in which the disability began. Wages previously used to establish a benefit year may not be reused. This subsection does not apply unless all of the following occur:
1. The individual has filed a claim for benefits not later than the fourth calendar week of unemployment after the end of the period of disability.
2. The claim is filed within two years after the period of disability begins.
3. The individual meets the requirements of subsection A of this section.
4. The individual has attempted to return to the employment where the temporary total disability occurred.
C. If an unemployed individual is a member of the national guard or other reserve component of the United States armed forces, the individual is not considered to be either employed or unavailable for work by reason of the individual's participation in drill, training or other national guard or reserve activity that occurs on not more than one weekend per month or in lieu of a weekend drill or the equivalent.
D. The department shall not disqualify an individual from receiving benefits under this chapter on the basis of the individual's separation from employment if the individual is a victim of domestic violence and leaves employment due to a documented case involving domestic violence pursuant to section 13-3601 or 13-3601.02. Benefits paid to an individual pursuant to this subsection shall not be charged against an employer's account pursuant to section 23-727, subsection G.
E. For the purposes of subsection A, paragraph 6 of this section, wages shall be counted as "wages for insured work" for benefit purposes with respect to any benefit year only if that benefit year begins subsequent to the date on which the employing unit by which those wages were paid has become an employer subject to this chapter."
Renumber to conform
Page 4, line 34, strike "January 1, 2022" insert "the date that the federal unemployment insurance benefit programs established under the coronavirus aid, relief, and economic security act (P.L. 116—136; 134 Stat. 281) and extended by the American rescue plan act of 2021 (P.L. 117-2) expire"
Line 37, strike "From and after December 31, 2021" insert "Beginning on the date that the federal unemployment insurance benefit programs established under the coronavirus aid, relief, and economic security act (P.L. 116—136; 134 Stat. 281) and extended by the American rescue plan act of 2021 (P.L. 117-2) expire"; strike "$300" insert "$320"
Line 38, strike "$300" insert "$320"; after the period insert "Notwithstanding subsection B of this section, an individual's benefit amount shall be redetermined during the person's benefit year when the new maximum weekly benefit amount prescribed in this paragraph becomes effective."
Page 5, after line 7, insert:
"Sec. 4. Title 23, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 23-799.01, to read:
23-799.01. Fraud prevention; report
A. To ensure program integrity and to minimize erroneous communications to employers generated from fraudulent claim applications, the department shall obtain current employment and income information from external data sources, including third-party vendors, that are consistent with unemployment insurance laws and United States Department of labor guidance, as part of the department's employment and income verification process to accurately determine an individual's eligibility for unemployment benefits. The department may also obtain this information from internal data sources.
B. on or before December 31 of each year, the department shall submit a report to the governor, the president of the senate and the speaker of the house of representatives that contains details on unemployment insurance fraud for the previous fiscal year, including all of the following, and shall provide a copy of this report to the secretary of state:
1. The number of fraudulent claims.
2. The total paid in fraudulent claims.
3. The impact of fraud on employer contribution rates and experience ratings.
Sec. 5. Appropriations; budget stabilization fund; transfer; exemption
A. The sum of $100,000,000 is appropriated from the state general fund in fiscal year 2020-2021 to the budget stabilization fund established by section 35-144, Arizona Revised Statutes, for the purposes prescribed in this section.
B. On or before June 5, 2021, the department of economic security shall report to the state treasurer the balance in the unemployment insurance trust fund as of June 1, 2021 and shall indicate the estimated balance that is projected to be needed to cause the average employer tax rate to be below or approximately at 2.00 percent for calendar year 2022. Based on these two balances, the department shall report a recommended dollar amount to be added to the unemployment insurance trust fund to cause the unemployment insurance trust fund balance to be the lesser of $900,000,000 or the amount to cause the average employer tax rate to be below or approximately at 2.00 percent.
C. Notwithstanding section 35-144, Arizona Revised Statutes, on or before June 20, 2021, the state treasurer shall transfer the amount recommended by the department of economic security in the report prescribed by subsection B of this section from the monies appropriated pursuant to subsection A of this section, up to $100,000,000, to the unemployment trust fund account of the unemployment compensation fund established by section 23-701, Arizona Revised Statutes.
D. If the amount recommended by the department of economic security in the report prescribed by subsection B of this section exceeds $100,000,000, the department of economic security shall report the difference to the joint legislative budget committee on or before June 5, 2021.
E. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations."
Amend title to conform