CHAPTER 530

FORMERLY SENATE BILL NO.

728 AS AMENDED BY SENATE

AMENDMENT NOS. 1 &2

AN ACT TO AMEND CHAPTER 33, TITLE 19, DELAWARE CODE, RELATING TO UNEMPLOYMENT COMPENSATION, AND MAKING A SUPPLEMENTAL APPROPRIATION TO THE CONTINGENCY FUND.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 3302, Title 19, Delaware Code, is amended by striking subsection 3302 (10) (B) in its entirety and inserting in lieu thereof a new subsection 3302 (10) (B) (i) as follows:

"(B) (i) Service performed after December 31, 1971, by an individual in the employ of this State or any of its instrumentalities (or in the employ of this State and one or more other states or their instrumentalities) for a hospital or institution of higher education located in this State; provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act; or

(ii) Service performed after June 30, 1972, by an individual in the employ of this State or any of its instrumentalities, provided that such service is classified by the State Personnel Commission. As used in this subsection, a "classified employee" is a person holding a career job based on a merit system under a specific pay plan in accordance with merit system screening, regulation and law. Coverage is restricted to services of classified employees not employed on a seasonal or temporary basis."

Section 2. Amend section 3302 (11), Title 19, Delaware Code, by adding a new subsection 3302 (II) (o) at the end of the said subsection as follows:

official, an official appointed by the Governor, or an official compensated on a fee basis."

Section 3. Section 3343, Title 19, Delaware Code, is amended by striking subsection 3343 (c) in its entirety and by striking out subsection 3343 (e) in its entirety and inserting in lieu thereof the following:

"(e) Any political subdivision of this State which elects coverage for any of its employees shall for purpose of this chapter be referred to as a 'liable public employer'."

Section 4. Section 3345, Title 19, Delaware Code, is amended by striking subsections 3345 (c) (2) in its entirety and inserting in lieu thereof a new subsection as follows:

"(2) For purposes of this section, employing units covered under the provisions of Section 3302 (8) (B) are considered liable public employees and shall be liable for reimbursement payments in lieu of assessments. The provisions of subsections (4) (A) (B) (C) (D) (E) (F) and (G) of this section shall apply to any liable public employer."

Section 5. For purposes of implementing this act, a sum of $25,000 shall be appropriated to the Contingency Fund of the State of Delaware. This is a supplementary appropriation and the sums appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. Any funds appropriated herein which remain unexpended on June 30, 1973, shall revert to the General Fund of the State of Delaware.

Approved July 14, 1972.