SB 342: "An Act relating to the release of employment security records, to the admissibility 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 SENATE BILL NO. 342 01 "An Act relating to the release of employment security records, to the admissibility 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 20 AS 34.45.110 - 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, but is 23 not limited to, an officer or employee of a corporation, a member, manager, or 24 employee of a limited liability company, or a member or employee of a partnership 25 who, as an officer, employee, manager, or member, is under a duty to pay the 26 contributions as required by (a) of this section. 27 * Sec. 6. AS 23.20.242 is amended to read: 28 Sec. 23.20.242. Appeals by officer, manager, member, or employee. The 29 department shall permit each officer or employee of a corporation, member, 30 manager, or employee of a limited liability company, or a member or employee of a 31 partnership who is required to pay the contributions and interest owed by the
01 corporation, limited liability company, or partnership under AS 23.20.165 - 02 23.20.278 to appeal individually their duty to pay under those sections. 03 * Sec. 7. AS 23.20.390(c) is amended to read: 04 (c) For similar cause and in the same manner, a claim by another state for the 05 recovery of sums paid as benefits under an employment security law of the other state 06 is recoverable under this chapter if the sums were [FRAUDULENTLY] obtained by 07 an individual who is not entitled and the other state has a comparable provision in its 08 employment security law for recovery of the sums on behalf of this state. 09 * Sec. 8. AS 23.20.497 is amended by adding a new subsection to read: 10 (b) In this section, "action" means a court or administrative proceeding not 11 brought under this chapter, or an arbitration proceeding. 12 * Sec. 9. AS 23.20.520(10) is amended to read: 13 (10) "employing unit" means one or more departments or other 14 agencies of the state, a political subdivision of the state, an individual, or a type of 15 organization, partnership, limited liability company, association, trust, estate, joint 16 trust company, insurance company, or domestic or foreign corporation, or the receiver, 17 referee in bankruptcy, trustee, or successor of one of these, or the legal representative 18 of a deceased person, which has or, after January 1, 1937, had one or more individuals 19 performing service for it in the state; an individual performing services in the state for 20 an employing unit which maintains two or more separate establishments in the state is 21 considered as employed by a single employing unit for the purposes of this chapter; 22 notwithstanding any provision in this chapter, any employing unit which employs 23 individuals whose services must be covered by the unemployment insurance laws of 24 this state after December 31, 1971 as a condition of approval of the unemployment 25 insurance laws of this state under 26 U.S.C. 3304(a) (Internal Revenue Code of 1954), 26 as amended, will be considered an employer as to those individuals and is subject to 27 contributions on all wages paid after December 31, 1971, or reimbursement payments 28 to cover benefits paid based on services performed after December 31, 1971, 29 depending on the applicable law; 30 * Sec. 10. AS 23.20.520 is amended by adding a new paragraph to read: 31 (21) "municipal agency" means an agency of a municipality of the
01 state; in this paragraph, "municipality" has the meaning given in AS 29.71.800. 02 * Sec. 11. AS 23.20.526(a)(16) is amended to read: 03 (16) service performed as a student nurse in the employ of a 04 hospital or a nurses' training school by an individual who is enrolled and is 05 regularly attending classes in a nurses' training school chartered or approved in 06 accordance with the laws of this state, and service performed as an intern in the 07 employ of a hospital by an individual who has completed a four-year course in a 08 medical school chartered or approved in accordance with the law of this state 09 [AFTER DECEMBER 31, 1971, BY NURSES, TECHNICIANS, AND OTHER 10 PROFESSIONAL EMPLOYEES OF HOSPITALS NO PART OF THE NET 11 EARNINGS OF WHICH INURES TO THE BENEFIT OF A PRIVATE 12 SHAREHOLDER OR INDIVIDUAL], unless the service is required to be covered 13 under the Federal Unemployment Tax Act; 14 * Sec. 12. AS 23.20.530(b) is amended by adding a new paragraph to read: 15 (13) the amount of payment made, or benefit furnished, by the 16 employer under a plan to provide educational assistance to or for the benefit of an 17 employee if, at the time of the payment or the furnishing, it is reasonable to believe 18 that the employee will be able to exclude the payment or benefit from income under 19 26 U.S.C. 127(b). 20 * Sec. 13. AS 34.45.760(14) is amended to read: 21 (14) "property" means personal property, but does not include property 22 covered by 23 (A) AS 14.57.200 - 14.57.290; 24 (B) AS 23.20; 25 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).