CHAPTER 452

FORMERLY

HOUSE BILL NO. 973

AN ACT TO AMEND CHAPTER 33, TITLE 19, DELAWARE CODE, RELATING TO UNEMPLOYMENT COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend subparagraph (9)(B)(i) of Section 3302, Chapter 33, Title 19, Delaware Code, by striking therefrom the clause "and before January 1, 1978".

Section 2. Amend subparagraph (6)(B) of Section 3314, Chapter 33, Title 19, Delaware Code, by striking therefrom the clause "with respect to service performed after December 31, 1977", and substituting in lieu thereof the following:

"with respect to weeks of unemployment beginning after December 31, 1977".

Section 3. Further amend subparagraph (6)(B) of Section 3314, Chapter 33, Title 19, Delaware Code, by striking therefrom the phrase "commencing during the period between two successive academic years, or during a similar period between two regular but not successive terms" and substituting in lieu thereof the following:

"commencing during the period between successive academic years or terms of a similar period between two regular but not successive terms".

Section 4. Amend subparagraph (6)(C) of Section 3314, Chapter 33, Title 19, Delaware Code, by striking therefrom the clause "with respect to services performed after December 31, 1977," and substituting in lieu thereof the following:

"with respect to weeks of unemployment beginning after December 31, 1977,"

Section 5. Further amend Section 3314, Chapter 33, Title 19, Delaware Code, by adding a new subparagraph (6)(D) to read as follows:

"(D) With respect to any services described in subparagraphs (6)(B) and (6)(C), compensation payable on the basis of auch services may be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if such indivival performs such services in the period immediately before such vacation period or holiday recesa, and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess."

Section 6. Amend Section 3315, Chapter 33, Title 19, Delaware Code, by striking subparagraph (10)(A) in its entirety and inserting in lieu thereof a new subparagraph (10)(A) to read as follows:

"(10)(A) Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully Admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed including an alien who was lawfully present in the United States as a result of the application of the provisions of Section 203 (A)(7) or 212 (d)(5) of the Immigration and Nationality Act."

Approved July 8, 1978.