CHAPTER 34

97-H 5281A am
Approved Jul. 1, 1997

AN ACT RELATING TO LABOR AND LABOR RELATIONS --
EMPLOYMENT SECURITY CONTRIBUTIONS

It is enacted by the General Assembly as follows:

SECTION 1. Section 28-43-8.3 of the General Laws in Chapter 28-43 entitled "EMPLOYMENT SECURITY -- CONTRIBUTIONS" is hereby amended to read as follows:

28-43-8.3. Rate where no experience. -- Notwithstanding any inconsistent provisions of chapters 42 -- 44, of this title, each employer who has not been subject to this act for a sufficient period of time to be eligible for any experience rate under this chapter shall pay contributions at a rate not exceeding four and two tenths percent (4.2%) that is the higher of one per cent (1%) or the state's five year benefit cost rate {ADD for employers not eligible for any experience rate under this chapter ADD}. For the purposes of this section, the state's five (5) year benefit cost rate {ADD for employers not eligible for any experience rate under this chapter ADD} shall be computed annually and shall be derived by dividing the total dollar amount of benefits {DEL paid to claimants DEL} {ADD charged to employers not eligible for any experience rate ADD} under chapters 42 -- 44, of this title during the five (5) consecutive {DEL calendar DEL} {ADD experience ADD} years immediately preceding the computation {DEL date DEL} {ADD year ADD} by the total dollar amount of wages {ADD paid by employers not eligible for any experience rate under this chapter and ADD} subject to contributions under chapters 42 -- 44, of this title during the same period.

SECTION 2. Section 28-42-37 of the General Laws in chapter 28-42 entitled "Employment Security - General Provisions" is hereby amended to read as follows:

28-42-37. Advisory council. -- {DEL There shall be established a state advisory council of nine (9) members, to be appointed by the governor. Three (3) of those members shall be persons who, because of vocation, employment, or affiliation can be classed as employers; three (3) of those members shall be persons who, because of vocation, employment or affiliation can be classed as employees, and three (3) shall be persons representative of the general public. At least one member of the council shall be a woman. The council shall designate as chair one of the members who was appointed as a representative of the general public. Of the members originally appointed, one of these groups shall hold office until the first day of February, 1963, and until his or her successor is appointed and qualified; one of each of groups shall hold office until the first day of February, 1965, and until his or her successor is appointed and qualified; and one of these groups shall hold office until the first day of February, 1967, and until his or her successor is appointed and qualified; and thereafter as the term of each member expires, the governor shall appoint a member to succeed the member whose term expires, to hold office for the term of six (6) years and until his or her successor is appointed and qualified. Vacancies shall be filled by appointment by the governor for the remainder of any unexpired term. Each of the members of the council shall receive, for attendance at council meetings, a salary of one thousand dollars ($1,000.00) per year. Any member of the council who serves for a period of less than a full year shall be paid on a pro rata basis for that year. The council shall meet at the call of its chair as often as shall be deemed necessary. DEL} {ADD The human resource investment council shall establish a state advisory council of seven (7) members. Four (4) of the members shall be appointed by the governor from recommendations made by the human resource investment council; two (2) of those members shall be persons who, because of vocation, employment or affiliation can be classed as employers and two (2) of those members shall be persons who because of vocation, employment or affiliation can be classed as employees. The chair of the house committee on labor, the chair of the senate committee on labor and the executive director of the economic policy council shall serve on the council by virtue of their respective positions. ADD} The council shall aid the director of the department of employment and training in formulating policies and solving problems relating to the administration of chapters 42 -- 44 of this title, and in assuring impartiality, neutrality, and freedom from partisan influence in the solution of those problems. {DEL Members of the council and those other individuals who are authorized to attend any meeting of the council shall be reimbursed for any travel expenses and for all actual subsistence expenses incurred. DEL}

SECTION 3. Sections 28-44-38 and 28-44-46 of the General Laws in Chapter 28-44 entitled "Employment Security - Benefits" are hereby amended to read as follows:

28-44-38. Filing of claims -- Procedures -- Printed copies -- Notices. -- (a) Claims for waiting period credit and for benefits shall be filed in accordance with regulations adopted as prescribed. Each employer shall post and maintain printed copies or statements of those regulations in places readily accessible to individuals employed by him or her. The director shall supply each employer with copies of those regulations or statements of the regulations without cost to the employers.

(b) The director shall prescribe the type of reports required from employers and the manner in which the reports shall be presented.

(c) Upon the filing of a claim, the director shall promptly mail a notice of the filing of the claim to the claimant's most recent employer and to all employers for whom the claimant states he or she performed services and earned wages during his or her base period. The employers shall promptly furnish the information required to determine the claimant's benefit rights. If the claimant's employer or employers have any information which might affect either the validity of the claim or the right of the claimant to waiting period credit or benefits, he or she shall return the notice with that information. If an employer fails without good cause as established to the satisfaction of the director to return this notice within {DEL five (5) DEL} {ADD seven (7) ADD} working days of the mailing thereof, the employer shall have no standing to contest any determination to be made by the director with respect to the claim and any benefit charges pursuant thereto, and the said employer shall be barred from being a party to any further proceedings relating to the claim. Notwithstanding any inconsistent provisions of chapters 42 -- 44 of this title, any employer who fails to return the notice within the time shall pay a penalty of twenty-five dollars ($25.00) for each the failure. The foregoing penalty shall be paid into the employment security tardy account fund, and if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in section 28-43-18.

28-44-46. Decision of appeal tribunal. -- After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis thereof affirm, modify, or reverse the director's determination. Each party shall be furnished promptly a copy of the decision and supporting findings and conclusions. This decision shall be final unless further review is initiated pursuant to section 28-44-47 within {DEL ten (10) DEL} {ADD fifteen (15) ADD} days after the decision has been mailed to each party's last known address or otherwise delivered to him or her; provided, that the period may be extended for good cause.

SECTION 4. This act shall take effect upon passage.



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