Bill Text: HI SB716 | 2025 | Regular Session | Amended

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Bill Title: Relating To Hawaii Employment Security Law.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced) 2025-02-28 - 48 Hrs. Notice 03-04-25. [SB716 Detail]

Download: Hawaii-2025-SB716-Amended.html

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THE SENATE	S.B. NO.	716
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HAWAII EMPLOYMENT SECURITY LAW.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 383-1, Hawaii Revised Statutes, is amended by repealing the definition of "registered for work" or "registration for work".

     [""Registered for work" or "registration for work" means that an individual shall provide information to the employment office to be posted on the department's internet job-matching system, including the individual's name, job skills, education, training, prior employment history and work duties, preferred working conditions, occupational licenses, and other relevant occupational information to facilitate work search efforts by the individual and increase job referrals by the employment office."]

     SECTION 2.  Section 383-29, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that:

     (1)  The individual has made a claim for benefits with respect to that week in accordance with rules the department may prescribe and with section 383-29.7 for partially unemployed individuals;

     (2)  The individual has registered for work, [as defined in section 383-1,] and thereafter continued to report, at an employment office in accordance with rules the department may prescribe, or any other place as the department may approve, except that the department[, by rule,] may waive or alter either or both of the requirements of this paragraph for [partially]:

          (A)  Partially unemployed individuals pursuant to section 383-29.8[, individuals];

          (B)  Individuals attached to regular jobs[, and other];

          (C)  Union members in good standing being referred to jobs through the labor union job placement service; provided that the labor union agrees to report to the department all individuals who refuse job referrals or offers of work and all individuals not ready, willing, and able to work; provided further that the labor union is approved by the department for the purpose of waiving work registration;

          (D)  Individuals involved in a labor dispute and for whom an employer-employee relationship continues to exist;

          (E)  Individuals that are suspended from work and for whom an employer-employee relationship continues to exist; provided that the waiver shall apply only to the period of suspension but not to exceed four consecutive weeks of unemployment immediately following the week the individual was suspended; or

          (F)  Other types of cases or situations [with respect to which it] where the department finds that compliance with those requirements would be oppressive, or would be inconsistent with the purpose of this chapter[; provided that no rule shall conflict with section 383-21];

     (3)  The individual is able to work and is available for work; provided that no claimant shall be considered ineligible with respect to any week of unemployment for failure to comply with this paragraph if the failure is due to an illness or disability, as evidenced by a physician's certificate, [which] that occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work [which] that would have been suitable [prior to] before the beginning of the illness and disability has been offered the claimant;

     (4)  The individual has been unemployed for a waiting period of one week within the individual's benefit year[.  No]; provided that no week shall be counted as a waiting period[:

          (A)  If] if benefits have been paid with respect thereto[;

          (B)  Unless], unless the individual was eligible for benefits with respect thereto as provided in this section and section 383-30, except for the requirements of this paragraph;

     (5)  In the case of an individual whose benefit year begins[:

          (A)  On or after January 2, 1966, but prior to October 1, 1989, the individual has had during the individual's base period a total of fourteen or more weeks of employment, as defined in section 383-1, and has been paid wages for insured work during the individual's base period in an amount equal to at least thirty times the individual's weekly benefit amount as determined under section 383-22(b).  For the purposes of this subparagraph, wages for insured work shall include wages paid for services:

              (i)  Which were not employment, as defined in section 383-2, or pursuant to an election under section 383-77 prior to January 1, 1978, at any time during the one-year period ending December 31, 1975; and

             (ii)  Which are agricultural labor, as defined in section 383-9 except service excluded under section [383-7(a)(1)], or are domestic service except service excluded under section [383-7(a)(2)]; except to the extent that assistance under title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was paid on the basis of those services;

          (B)  On and after October 1, 1989, to January 4, 1992, the individual has been employed, as defined in section 383-2, and has been paid wages for insured work during the individual's base period in an amount equal to not less than thirty times the individual's weekly benefit amount, as determined under section 383-22(b), and the individual has been paid wages for insured work during at least two quarters of the individual's base period; provided that no otherwise eligible individual who established a prior benefit year under this chapter or the unemployment compensation law of any other state, shall be eligible to receive benefits in a succeeding benefit year until, during the period following the beginning of the prior benefit year, that individual worked in covered employment for which wages were paid in an amount equal to at least five times the weekly benefit amount established for that individual in the succeeding benefit year; and

          (C)  After] after January 4, 1992, the individual has been employed, as defined in section 383-2, and has been paid wages for insured work during the individual's base period in an amount equal to not less than twenty-six times the individual's weekly benefit amount, as determined under section 383-22(b), and the individual has been paid wages for insured work during at least two quarters of the individual's base period; provided that no otherwise eligible individual who established a prior benefit year under this chapter or the unemployment compensation law of any other state, shall be eligible to receive benefits in a succeeding benefit year until, during the period following the beginning of the prior benefit year, that individual worked in covered employment for which wages were paid in an amount equal to at least five times the weekly benefit amount established for that individual in the succeeding benefit year.

          For purposes of this paragraph, wages and weeks of employment shall be counted for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the dates on which the employing unit by which the wages or other remuneration, as provided in the definition of weeks of employment in section 383-1, were paid has satisfied the conditions of section 383-1 with respect to becoming an employer.

              Effective for benefit years beginning January 1, 2004, and thereafter, if an individual fails to establish a valid claim for unemployment insurance benefits under this paragraph, the department shall make a redetermination of entitlement based upon the alternative base period, as defined in section 383-1; provided further that the individual shall satisfy the conditions of [section 383-29(a)(5)] this paragraph that apply to claims filed using the base period, as defined in section 383-1, and the establishment of claims using the alternative base period shall be subject to the terms and conditions of sections 383-33 and 383-94; and

     (6)  Effective November 24, 1994, an individual who has been referred to reemployment services pursuant to the profiling system under section 383-92.5 shall participate in those services or in similar services.  The individual may not be required to participate in reemployment services if the department determines the individual has completed those services, or there is justifiable cause for the claimant's failure to participate in those services.

     For the purposes of this subsection, employment and wages used to establish a benefit year shall not thereafter be reused to establish another benefit year."

     2.  By amending subsection (e) to read:

     "(e)  Notwithstanding any provisions of this chapter to the contrary, a claimant shall not be denied benefits because of the claimant's regular attendance at a vocational training or retraining course [which] that the director has approved and continues from time to time to approve for the claimant.  The director may approve [such] a course for a claimant only if:

     (1)  The training activity is authorized under [titles I, II, III, and IV (except on-the-job training) of the Job Partnership Training Act (P.L. 97-300);] the Workforce Innovation and Opportunity Act, Public Law 113-128; or

     (2)  All of the following conditions apply:

          (A)  Reasonable employment opportunities for which the claimant is fitted by training and experience do not exist in the locality or are severely curtailed;

          (B)  The training course relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the locality;

          (C)  The training course is offered by a competent and reliable agency; and

          (D)  The claimant has the required qualifications and aptitudes to complete the course successfully."

     SECTION 3.  Section 383-36, Hawaii Revised Statutes, is amended to read as follows:

     "§383-36  Notice of determinations.  Notice of a determination or redetermination upon a claim shall be promptly given to the claimant[, by delivery thereof or by mailing the notice] by electronic notification; provided that the claimant may elect to receive notice by mail, in which case the notice shall be mailed to the claimant's last known address.  In addition, notice of a determination or redetermination with respect to the first week of a benefit year shall be given to each employer by whom the claimant was employed during the claimant's base period, and to the last employing unit by whom the claimant was employed, and notice of any determination or redetermination [which] that involves the application of section 383-30 shall be given to the last employing unit by whom the claimant was employed, in every case by [delivery thereof to such party or] electronic notification unless an election was made to receive notices by mail, and in that case, by mailing the notice to the party's last known address.  The date of electronic notification shall be equivalent to the mailing date."

     SECTION 4.  Section 383-38, Hawaii Revised Statutes, is amended as follows:

     1.   By amending subsections (a) and (b) to read:

     "(a)  The claimant or any other party entitled to notice of a determination or redetermination as herein provided may file an appeal from the determination or redetermination at the office of the department in the county in which the claimant resides or in the county in which the claimant was last employed, or with a copy of the contested determination at the employment security appeals referee's office, within ten days after the date of mailing of the notice to the claimant's or party's last known address, or if the notice is not mailed, within ten days after the date of [delivery] the electronic notification of the notice to the claimant or party.  The department may for good cause extend the period within which an appeal may be filed to thirty days.  The notice of a determination or redetermination shall be final and shall be binding upon each party unless an appeal is filed by a party pursuant to this subsection.  Written notice of a hearing of an appeal shall be sent by electronic notification or by first class, nonregistered, noncertified mail to the claimant's or party's last known address at least twelve days [prior to] before the initial hearing date.

     (b)  The appeal under subsection (a) shall be heard in the county in which the appeal is filed, except that the department may by its rules provide for the holding of a hearing in another county with the consent of all parties or where necessary in order that a fair and impartial hearing may be had, and may provide for the taking of depositions.  Unless the appeal is withdrawn with the permission of the referee, the referee after affording the parties reasonable opportunity for a fair hearing shall make findings and conclusions and on the basis thereof affirm, modify, or reverse such determination or redetermination.  The parties to any appeal shall be promptly notified of the decision of the referee and shall be furnished with a copy of the decision and the findings and conclusions in support thereof and the decisions shall be final and shall be binding upon each party unless a proceeding for judicial review is [initiated] filed by the party pursuant to section 383‑41; provided that within the time provided for taking an appeal and prior to the filing of a notice of appeal, the referee may reopen the matter, upon the application of the director or any other party, or upon the referee's own motion, and thereupon may take further evidence or may modify or reverse the referee's decision, findings, or conclusions.  If the matter is reopened, the referee shall render a further decision in the matter either reaffirming or modifying or reversing the referee's original decision, and notice shall be given thereof in the manner hereinbefore provided.  Upon reopening, the referee who heard the original appeal shall reconsider the matter, except where the referee is no longer employed as a referee or the referee disqualifies oneself from reconsidering the referee's decision."

     2.   By amending subsections (d) and (e) to read:

     "(d)  If a claimant or party does not receive the written notice under subsection (a), a second written notice shall be sent by certified mail or by electronic notification, and the hearing on the appeal shall be rescheduled accordingly.

     (e)  [Upon application to, and approval by, the employment security appeals referee's office, a claimant or party to an appeal may elect to receive hearing notices, decisions, and other appeal documents from the referee's office in electronic format in lieu of notice by mail.  The date of electronic transmission is equivalent to the mailing date for purposes of this section.] A claimant or party shall receive hearing notices, decisions, and other appeal documents from the referee's office by electronic notification, unless an election was made to receive notices, decisions, and other appeal documents from the referee's office by mail, and in that case, the notices, decisions, and other appeal documents will be mailed to the claimant's or party's last known address.  The date of electronic notification shall be equivalent to the mailing date.  Electronic notification status may be rescinded at any time by the referee's office, claimant, or any party upon written notification."

     SECTION 5.  Section 383-163.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that:

     (1)  Unemployment compensation is subject to federal and state income tax;

     (2)  Requirements exist pertaining to estimated tax payments;

     (3)  The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the federal Internal Revenue Code;

     (4)  The individual may elect to have state income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in section 235-69;

     (5)  The individual may elect to have state and local income taxes deducted and withheld from the individual's payment of unemployment compensation for other states and localities outside this State at the percentage established by the state or locality, if the department by agreement with the other state or locality is authorized to deduct and withhold income tax; and

     (6)  The individual shall be permitted to change a previously elected withholding status [no more than once] during a benefit year."

     SECTION 6.  Section 383-12, Hawaii Revised Statutes, is repealed.

     ["[§383-12]  Requirement to post work availability online.  To meet the online registration for work requirements under section 383-29(a), the department shall:

     (1)  Allow an individual to post the required information independently on the department's internet job-matching system; or

     (2)  Accept information provided by the individual in the form prescribed by the department, and enter the necessary information on the department's internet job-matching system for the individual.

     The employment office shall provide the necessary information to the unemployment office for the purpose of determining whether the individual's registration for work requirements have been met."]

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

DLIR; Hawaii Employment Security Law; Unemployment Benefits; Registration for Work; Electronic Notice; Waiver; Deregulation

 

Description:

Expands the circumstances where the Department of Labor and Industrial Relations may waive the requirements for individuals to register to work and report to an employment office to be eligible for unemployment benefits.  Authorize the Department to allow individuals to report to a location other than an employment office or other location approved pursuant to its rules.  Beginning 4/1/2027, requires notices of determinations and documentation relating to appeals to be sent electronically, unless the election for mail is made.  Allows an individual to change an elected withholding status more than once during a benefit year.  Repeals the statutory definition of "registered for work" or "registration for work".  Repeals the requirement for individuals to post their work availability online to be eligible for unemployment benefits.  Effective 7/1/2050.  (SD2)

 

 

 

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