CHAPTER 192

FORMERLY

HOUSE BILL NO. 418

AS AMENDED BY HOUSE AMENDMENT NO. 1

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

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

Section 1. Amend §3125 of Title 19, Delaware Code, by changing the designation of subsection (a) to read subsection (a) (1) and by striking the words "or of the Secretary of Labor of the United States in the performance of their public duties" as-they appear therein and substituting in their place the words "the Secretary of Labor of the United States in the performance of their public duties, or to agencies as provided in paragraphs (2) and (3) of this subsection (a)".

Section 2. Amend §3125 (a) of Title 19, Delaware Code, by adding new paragraphs thereto, to be designated paragraphs (2) and (3), to read as follows:

"(2) The Department shall disclose, upon request, to officers or employees of any State or local child support enforcement agency, any wage information with respect to an individual which is contained in its records. For the purposes of this subsection (a) (2):

a. The term 'State or Local child enforcement agency' means any agency of a State or political subsdivision thereof operating pursuant to a plan described in Section 454 of the Social Security Act, which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act.

b. The requesting agency shall agree that such information Is to be used only for the purpose of establishing and collecting child support obligations which are being enforced pursuant to a plan described in Section 454 of the Social Security Act which has been approved by the Secretary of Health and Human Services under part D, Title IV of the Social Security Act.

c. The information shall not be released unless the requesting agency agrees to reimburse the costs involved for furnishing such information.

d. In addition to the requirements of this subsection (a) (2), all other requirements with respect to confidentiality of information obtained in the administration of this Act and the sanctions imposed on improper disclosure shall apply to the use of such Information by officers of child support agencies.

(3) The Department shall disclose, upon request to officers and employees of the U, S. Department of Agriculture and any State food stamp agency, with respect to an identified individual, any of the following informaton which is contained in its records:

a. Wage information,

b. Whether the individual is receiving, has received, or has made application for unemployment compensation and the amount of any compensation being received or to be received by such individual,

c. The current or most recent home address of the individual, and

d. Whether the individual has refused an offer of employment and if so, a description of the employment offered and the terms, conditions and rate of pay therefor, and

e. Provided that, for the purposes of this subsection (a) (3):

1. The term 'State food stamp agency' means any agency described in Section 3 (n) (I) of the Food Stamp Act of 1977 which administers the food stamp program estabished under such Act.

2. The requesting agency shall agree that such information shall be used only for purposes of determining the applicant's eligibility for benefits, or the amount of benefits, under the food stamp program established under the Food Stamp Act of 1977.

3. In addition to the requirements of this subsection (a) (3), all other requirements with respect to confidentiality of information obtained in the administration of this Act and the sanctions imposed for improper disclosure of information obtained in the administration of this Act shall apply to the use of such information by the officers and employees of any food stamp agency or the U. S. Department of Agriculture."

Section 3. Amend §3326 of Title 19, Delaware Code by changing the designation of subsection (f) to read subsection (h) and by adding new subsections (f) and (g) to read as follows:

"(f) (1) Except as provided in paragraph (2) of this subsection, an individual shall not be eligible for extended benefits for any week if:

a. Extended benefits are payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and

b. No extended benefit period is in effect for such week in such state.

(2) Paragraph (1) of this subsection shall not apply with respect to the first 2 weeks for which extended benefits are payable, (determined without regard to this subsection) pursuant to an interstate claim filed under the interstate benefit payment plan, to the individual from the extended benefit account estalished for the individual with respect to the benefit year.

(g) (1) Notwithstanding any other provisions of this chapter, payment of extended benefits shall not be made to any individual for any week of unemployment in his eligibility period if the Department finds that during such period:

a. He failed to accept any offer of suitable work (as defined in subsection (g) (3) of this section) or failed to apply for any suitable work to which he was referred by the Department; or

b. He failed to actively engage in a systematic and sustained effort to obtain work during such week, and/or failed to furnish tangible evidence that he did engage in such effort during such week.

(2) Any individual who has been found ineligible for extended benefits for any week by reason of a failure described in subsection (g) (1) of this section, shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred until he has been employed In each of 4 subsequent weeks (whether or not consecutive) and has earned remuneration in covered employment equal to not less than 4 times the extended weekly benefit amount.

(3) For purposes of this subsection (g), the term 'suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided, however, that the gross average weekly remuneration payable for the work must exceed the sum of:

a. The individual's extended weekly benefit amount as determined under §3326 (d) of this Title, plus the amount, if any, of supplemental unemployment benefits (as defined in section 501 (c) (17) (D) of the Internal Revenue Code of 1954) payable to such individual for such week; and further,

b. Pays wages not less than the higher of:

1. The minimum wage provided by section 6 (a) (1) of the Fair Labor Standards Act of 1938, without regard to any exemptions; or

2. The applicable State or local minimum wage:

c. Provided, however, that no individual shall be denied extended benefits for failure to accept an offer or or apply for any job which meets the definition of suitability as described in this section (g) if:

1. The position was not offered to such individual in writing or was not listed with the employment service.

2. Such failure would not result in a denial of benefits under the definition of suitable work for regular benefit claimants in §3315 of this Title to the extent that the criteria of suitability in that section are not inconsistent with the provisions of this subsection (g) (3).

3. The individual furnishes satisfactory evidence to the Department that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination or whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in 53315 of this Title without regard to the definition specified by this subsection (g) (3).

(4) Notwithstanding the provisions of subsection (b) of this section to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by section 3304 (a) (5) of the Internal Revenue Code of 1954 and set forth herein under paragraphs a., b., c., and d. of subsection (3), §3315 of this Title.

(5) The employment service shall refer any claimant entitled to extended benefits under this Title to any suitable work which meets the criteria prescribed in subsection (g) (3) of this section.

Section 4. Amend §3345 (c) (1) of Title 19, Delaware Code by striking the words "of one half of" as they appear therein.

Section 5. Amend §3345 (c) (3) of Title 19, Delaware Code by striking the words "of one half of the extended benefits paid" as they appear in the first paragraph thereof and by substituting in their place the words "the first week of extended benefits paid and one half of the extended benefits paid in subsequent weeks."

Section 6. Amend §3345 (c) (3) c. of Title 19, Delaware Code by striking the second paragraph thereof in its entirety and substituting in its place a new paragraph to read as follows:

"The term 'reimbursement payments in lieu of assessments' means the money payments to the State Unemployment Compensation Fund in lieu of assessments (required under §3348 of this Title) by:

1. Nonprofit organizations, which are equivalent to the amount of regular benefits and the first week of extended benefits paid and one half of the extended benefits paid in subsequent weeks, which are attributable to service in the employ of such employers, and

2. Liable public employers, which are equivalent to the amount of regular benefits and extended benefits paid, which are attributable to service in the employ of such employers.

Section 7. Amend §3345 (c) (4) c. of Title 19, Delaware Code, by striking the words "plus one half of the amount of extended benefits paid" as they appear therein and by substituting in their place the words "and the first week of extended benefits paid plus one half of the amount of extended benefits paid in subsequent weeks".

Section 8. Amend §3348 (a) of Title 19, Delaware Code, by striking the words "September thirtieth" and "September thirtieth" as they appear therein and by substituting in their place "June thirtieth" and "June thirtieth".

Section 9. Amend §3349 (a) (2) of Title 19, Delaware Code, by striking the words "1st of October" and "September 30" as they appear therein and by substituting In their place respectively the words "1st of July" and "June 30".

Section 10. Amend §3349 (a) (3) of Title 19, Delaware Code, by striking the words "subsection (b)" as they appear therein and by substituting in their place "subsection (b) or (c)".

Approved October 23, 1981.