CHAPTER 91

FORMERLY

HOUSE BILL NO. 314

AN ACT TO AMEND CHAPTER 31 AND 33, TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 31, Title 19 of the Delaware Code, by striking Section 3107 in its entirety and by substituting in lieu thereof a new Section 3107 to read as follows:

"§3107. Unemployment Compensation Advisory Council.

(a) There is hereby established the Unemployment Compensation Advisory Council.

(b) The Unemployment Compensation Advisory Council shall serve in an advisory capacity to the Director of Unemployment Insurance and aid the Director in reviewing the unemployment insurance program as to its content, adequacy and effectiveness, and make recommendations for its improvement.

(c) The Unemployment Compensation Advisory Council shall have the following ten members:

(1) the respective Chairperson of the Labor and Industrial Relations Committee of the State Senate and of the Labor Committee of the State House of Representatives, or a committee member designated by the respective Chairperson; and

(2) the respective Chairperson of the Small Business Committee of the State Senate and of the Small Business Committtee of the State House of Representatives, or a Committee member designated by the respective Chairperson; and

(3) the Secretary of Finance, or an individual designated by the Secretary, shall be a non-voting members and

(4) the Secretary of Labor, or an individual designated by the Secretary, shall be a non-voting members and

(5) two persons representing the interests of the labor community to be appointed by the Governor; and

(6) two persons representing the interests of business employers to be appointed by the Governor.

(d) Duration of membership.

(1) The term of the elected members of the State Assembly serving the Council shall coincide with their status as members of the designated committees.

(2) The term of the appointed officials serving on the Council shall coincide with their terms as Secretaries of the designated Departments.

(3) The term of the Council members representing the interests of labor and business employers shall be three (3) years and all shall be eligible for re-appointment.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council and shall serve in that capacity for a term of one (1) year and shall be eligible for re-election.

(g) Any appointment pursuant to this Section to replace a member of the Council whose position becomes vacant prior to the expiration of his/her term shall be filled by the Governor only for the remainder of that term.

(h) The Council will, on a periodic basis, no less frequently than annually, report its findings and recommendations to the Governor and to the General Assembly."

Section 2. The Council shall be formally established prior to September 1, 1983. The Governor may request nominations from the business and labor communities for appointment of members to the Council representing those Interests.

In addition to the provision of 53107(h) regarding the periodic reporting of findings and recommendations, a comprehensive report including all aspects of unemployment compensation programs shall be presented to the Governor and members of the General Assembly prior to March 15, 1985. Improvements or beneficial changes recommended in this report shall receive prompt consideration by the Legislative and Executive bodies prior to June 30, 1985.

Section 3. Amend Section 3302 (9XA), Chapter 33, Title 19 of the Delaware Code, by striking subparagraph (I) thereof in its entirety and by substituting In lieu thereof a new subparagraph (I) to read as follows:

"(I) Any officer of a corporation, except that the following shall not be deemed employment:

(I) When one-half or more of the ownership interest, however designated or evidenced, in the corporation is, or during such employment was, owned or controlled, directly or indirectly, by the individual's spouse or child, or by the individual's parent if the individual Is under age 18, or by a combination of 2 or more of them; or

(N) When one-fourth or more of the ownership interest, however designated or evidence, in the coporation is, or during such employment was, owned or controlled, directly or indirectly, by the individual; or

(III) When no more than four officers of a corporation request exemption from personal coverage under this Chapter, Such request must be agreed to by the corporation and filed in such manner as the Department shall prescribe; or"

Section 4. Amend Section 3302(9), Chapter 33, Title 19 of the Delaware Code, by striking paragraph (0) thereof in its entirety and by substituting in its place a new paragraph (0) to read as follows:

"(0) Notwithstanding any other provisions of this subsection, except as provided in subparagraph (A)(I) of this subsection, service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for assessments required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax Imposed by the Federal Unemployment Tax Act is required to be covered under this Chapter."

Section 5. Amend Section 3302(18), Chapter 33, Title 19 of the Delaware Code, by striking the words "Except as provided In subsection (d) of §3345 of this title, 'wages' does not include; "as they appear on the first line thereof and by substituting in lieu thereof the words "Wages' does not includes"

Section 6. Amend Chapter 33, Title 19 of the Delaware Code, by striking existing Section 3302(18)(A) thereof in its entirety and by substituting in its place a new Section 3302(18)(A) to read as follows:

"(A) For the purpose of §§3345 and 3348 of this Title:

(I) That part of the remuneration which, after remuneration equal to $6,000 with respect to employment during any calendar year after December 31, 1977, Is paid to an Individual by an employer or his predecessor during such calendar year; or

(II) After December 31, 1982, that part of the remuneration which, after remuneration equal to 57,200 with respect to employment during any calendar year, is paid to an individual by an employer or his predecessor during such calendar year; or

(Iil) After December 31, 1983, that part of the remuneration which, after remuneration equal to 58,000 (or such greater amount as may be specified as the taxable wage base in the Federal Unemployment Tax Act) with respect to employment during any calendar year, is paid to an individual by an employer or his predecessor during such calendar year; or

(Iv) For the purposes of this subdivision, the term 'employment' shall Include service constituting employment under any unemployment compensation law of another state."

Section 7. Amend Section 3313, Chapter 33, Title 19 of the Delaware Code, by striking subsection (b) in its entirety and by substituting In lieu thereof a new subsection (b) to read as follows:

"(b) An individual's weekly benefit amount shall be:

(1)For claims filed for weeks of unemployment beginning July 1, 1981, and prior to July 1, 1983, the computation of an Individual's weekly benefit amount shall be an amount equal to 1/104 of his total wages for employment by employers paid during his base period.

(2) For claims filed for weeks of unemployment beginning July 1, 1983, the computation of

an individual's weekly benefit amount shall be an amount equal to 1/78 of his total wages for employment by employers paid during the three quarters of the individual's base period in which such wages were highest.

(3) in the case of claims filed under paragraph (1) or (2) of this subsection, such amount will not be less than $20 nor more than 66 2/3 percent of the statewide average weekly wage as defined in 53302 (21) of this Title; however, for the period beginning July 1, 1981, and ending June 30, 1983, claims filed for weeks of unemployment will not be less than $20 nor more than $150, and for the period beginning July 1, 1983, and ending June 30, 1985, claims filed for weeks of unemployment will not be less than $20 nor more than $165. in computing the maximum weekly benefit amount beginning July 1, 1983, such amount, if not an even dollar amount, shall be rounded down to the next whole dollar."

(4) For purposes of paragraph (2) above:

a. If an Individual's weekly benefit amount is not an even dollar amount, it shall be rounded down to the next whole dollar.

b. Computation shall commence with new claims filed to establish a benefit year commencing on or after July 1, 1983.

Section 8. Amend Section 3345, Chapter 33, Title 19 of the Delaware Code, by striking subsections (b) and (d) thereof in their entirety and by designating existing subsection (c) thereof as subsection (b).

Section 9. Amend Section 3345 (c)(3), Chapter 33, Title 19 of the Delaware Code, by striking the words "subsections (a) and (b)" as they appear in the first paragraph thereof and by substituting in lieu thereof the words "subsection (a)."

Section 10. Amend Section 3345 (c)(5)a, Chapter 33, Title 19 of the Delaware Code, by striking the words "(c)(3)" wherever they appear therein and by substituting in lieu thereof the words "(b)(3)".

Section 11. Amend Section 3345(c)(6), Chapter 33, Title 19 of the Delaware Code, by striking the words "subsection (c)" as they appear therein and by substituting in lieu thereof the words "subsection (b)".

Section 12. Amend Section 3350(10), Chapter 33, Title 19 of the Delaware Code, by striking the words "§3345(b)" as they appear therein and by substituting in lieu thereof the words ttS3302(18XM".

Section 13. Amend Section 3352, Chapter 33, Title 19 of the Delaware Code, by striking the words "subsections (a) and (b) of S3345" as they appear therein and by substituting in lieu thereof the words "§3345(8)".

Section 14. Amend Section 3352, Chapter 33, Title 19 of the Delaware Code, by striking the words "§3345(c)(6)" as they appear therein and by substituting in lieu thereof the words "§3345(b)(6)".

Approved June 30, 1983.