CHAPTER 147

FORMERLY

HOUSE BILL NO. 374

AN ACT TO AMEND 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 Section 3302(17), Chapter 33, Title 19, of the Delaware Code by deleting "30%" as it appears in the first sentence therein and inserting in its place "50%".

Section 2. Amend Section 3313(j), Chapter 33, Title 19, of the Delaware Code by deleting "30 percent" as it appears in the first sentence therein and inserting in its place "50%".

Section 3. Amend Section 3350(9), Title 19, of the Delaware Code by redesignating subsections "c." and "f." as they appear therein as subsections "f." and "g." respectively.

Section 4. Amend Section 3350(9), of the Delaware Code by inserting a new subsection "e." to read as follows:

"e. For any calendar year beginning January I, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $215 million as of the preceding September 30, each employer's new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a 'supplemental assessment rate' in accordance with the following table:

New Employer/

=

Supplemental

Basic Assessment Rate

 

Assessment Rate

.1 - 3.9%

=

.5%

4.0 - 5.9%

=

.5%

6.0 - 7.9%

=

.5%

8.0 %

=

.5%

Section 5, Amend Section 3350(9), Title 19, of the Delaware Code by adding a new subsection "h." to read as follows:

"h. For any calendar year beginning January 1, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is less than $215 million as of the preceding September 30, each employer's new employer rate or basic assessment rate, whichever shall be applicable to such employer, shall be increased by a 'supplemental assessment rate' in accordance with the table in paragraph a., paragraph b., paragraph c., or paragraph d. of this subdivision as determined by the balance in the Unemployment Insurance Trust Fund."

Section 6. Amend Section 3401(a), Chapter 34, Title 19, of the Delaware Code by deleting the statutory reference to "3302(18)" as it appears therein and inserting in its place the statutory reference "3302(19)".

Section 7, Amend Section 3401, Chapter 34, Title 19, of the Delaware code by redesignating subsection "(b)" as it appears therein as subsection "(c)".

Section 8. Amend Section 3401, Chapter 34, Title 19, of the Delaware Code by adding a new subsection "(b)" to read as follows:

"(b) For any calendar year beginning January 1, 1998, and thereafter, with respect to which the balance in the Unemployment Insurance Trust Fund, as certified by the Director of Unemployment Insurance to the Secretary of Labor, is equal to or greater than $215 million as of the preceding September 30, the special assessment rate shall be fifteen one-hundredths of one percent (.15%) per year on all taxable wages, as defined in 3302(19) of this Title, payable by each employer. When the Unemployment Trust Fund balance is less than $215 million as of the preceding September 30, as certified by the Director of Unemployment Insurance to the Secretary of Labor, the special assessment shall be one-tenth of one percent (.1%) on all taxable wages, as defined in 3302(19) of this Title, payable by each employer."

Section 9. Effective Date Provisions.

(a) Sections 1 and 2 of this Act shall be effective July I, 1997.

(b) Sections 3, 4, 5, 6, 7 and 8 of this Act shall be effective upon enactment and apply to assessments due for CY 1998 and thereafter.

Approved July 3, 1997