SB2469_S_Amend

Adopted

AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2469

BY: Senator(s) Robertson

AMEND by inserting the following after line 2304 and by renumbering subsequent sections accordingly:

SECTION *. Section 71-5-353, Mississippi Code of 1972, is brought forward as follows:

71-5-353. (1) Each employer shall pay contributions equal to five and four-tenths percent (5.4%) of taxable wages paid by him each calendar year, except as may be otherwise provided in Section 71-5-361 and except that each newly subject employer shall pay contributions at the rate of two and seven-tenths percent (2.7%) of taxable wages until his experience-rating record has been chargeable throughout not less than the twelve (12) consecutive calendar months ending on the computation date; thereafter his contribution rate shall be determined in accordance with the provisions of Section 71-5-355.

(2) Unless eligible for a modified rate as described in Section 71-5-355 of this chapter, each employer, as defined by Section 71-5-11(H) of this chapter, engaged in an employee leasing arrangement, with an employee leasing firm, on June 30, 1998, will be assigned a contributions rate of one and five-tenths percent (1.5%) for the calendar year 1999, and subsequent calendar years, until the employer is eligible for a modified rate, as described in Section 71-5-355 of this chapter, based on experience accumulated subsequent to December 31, 1998.

The department shall notify all employers, active in the department files and currently reporting, of the provisions of this paragraph, at their last known mailing address on or before August 15, 1998. All employee leasing firms shall report to the department the name, the federal identification number, mailing address, physical location address and telephone number of all their clients on or before October 15, 1998. Any employee leasing firm failing to comply with the provisions of this paragraph may be assessed an amount equal to one-half of one percent (1/2 of 1%) of total wages, or Five Hundred Dollars ($500.00), whichever is greater, for each client that the employee leasing firm fails to report. Collection of the above mentioned penalty shall be in conformity with department regulations.

(3) From and after January 1, 2005, contribution rates assigned to employers by the department, as determined pursuant to Sections 71-5-351, 71-5-353 and 71-5-355, shall be reduced by three tenths of one percent (.3%). Such reduction shall only apply to employers whose contribution rate, determined in accordance with Sections 71-5-353 and 71-5-355, is equal to or less than five and four tenths percent (5.4%), and shall include a three tenths of one percent (.3%) reduction to the rate as a result of violation of provisions of this chapter. The reduction in rates provided for herein shall not apply to state boards, instrumentalities and political subdivisions of the State of Mississippi referred to in Sections 71-5-357 and 71-5-359, or to nonprofit employers providing reimbursement to the department for the unemployment fund pursuant to Section 71-5-357(a). This subsection (3) shall be suspended and the size of fund and cost rate criterion shall be fixed for future years at the levels for the last rate computation, if any of the following occur:

(a) The average high cost multiple is equal to or less than 1.0. The average high cost multiple shall be computed as follows: The result of the unobligated balance of the Unemployment Compensation Fund at November 1, immediately preceding the new rate year, divided by the total wages for the twelve (12) months ending on the June 30, immediately preceding the new rate year, shall be the numerator and shall be divided by the simple average of the value of the three (3) highest cost rate criterion computations since 1974. The result rounded to the next lower one (1) decimal place will be the average high cost multiple; or

(b) The computed size of fund (average exposure criterion divided by cost rate criterion) described in Section 71-5-355 reaches 1.0 and the cost rate criterion reaches the average for the highest value of the cost rate criterion computations during each of the economic cycles (economic cycles shall be those defined by the National Bureau of Economic Research) subsequent to the calendar year 1974. The reduction to the size of the fund index and the cost rate criteria shall be accomplished as described in Section 71-5-355(1)(j) and (k); or

(4) (a) From and after January 1, 2005, the workforce enhancement contributions shall be applied at a rate of three tenths of one percent (.3%) upon the taxable wages as defined by Section 71-5-351, however, the workforce enhancement contribution shall not be applied to state boards, instrumentalities and political subdivisions of the State of Mississippi referred to in Sections 71-5-357 and 71-5-359, or to nonprofit employers providing reimbursement to the department for the unemployment fund pursuant to Section 71-5-357(a).

(b) There is hereby created in the Treasury of the State of Mississippi a special fund to be known as the "Mississippi Workforce Training Enhancement Fund," which consists of funds collected pursuant to subsection (1) of this section. Funds collected shall initially be deposited into the Clearing Account and subsequently transferred to the Mississippi Workforce Training Enhancement Fund described in Section 71-5-453. In the event any employer pays an amount insufficient to cover the total contributions due, the amounts due shall be satisfied in the following order:

(i) Unemployment contributions; then

(ii) Workforce training enhancement contributions; then

(iii) Interest and damages.

Cost of collection and administration of the workforce enhancement training contribution shall be allocated based on a plan approved by the United States Department of Labor (USDOL) and shall be paid to the Mississippi Department of Employment Security semiannually by the State Board for Community and Junior Colleges for periods ending in December and June of each year. Payment shall be made to the department no later than sixty (60) days after the billing date.

(c) All monies deposited in the Mississippi Workforce Training Enhancement Fund will be held by the Mississippi Department of Employment Security in such account for a period of not less than sixty (60) days. After such period, funds shall be transferred within thirty (30) days to the Mississippi Workforce Enhancement Training Fund in a manner determined by the department. Interest earnings or interest credits on deposit amounts shall be retained in the account to pay the costs of the account. If after the period of twelve (12) months interest earnings less banking costs exceeds Ten Thousand Dollars ($10,000.00), such excess amounts shall be transferred to the Mississippi Workforce Enhancement Training Fund within thirty (30) days. Such transfers shall occur once annually, during the month of January.

(d) All enforcement procedures for the collection of delinquent contributions contained in Sections 71-5-363 through 71-5-383 shall be applicable in all respects for collections of delinquent contributions designated for the Unemployment Compensation Fund and the Mississippi Workforce Training Enhancement Fund.

(e) All monies deposited into the Mississippi Workforce Enhancement Training Fund shall be utilized exclusively by the State Board for Community and Junior Colleges in accordance with the Workforce Training Act of 1994 (Section 37-153-1 et seq.) and the annual plan developed by the State Workforce Investment Board for the following purposes: to provide training at no charge to employers and employees in order to enhance employee productivity. Such training may be subject to a minimal administrative fee to be paid from the Mississippi Workforce Enhancement Trust Fund as established by the State Workforce Investment Board subject to the advice of the State Board for Community and Junior Colleges. The initial priority of these funds shall be for the benefit of existing businesses located within the state. Employers may request training for existing employees and/or newly hired employees from the State Board for Community and Junior Colleges. The State Board for Community and Junior Colleges will be responsible for approving the training.

(f) This subsection (4) shall be suspended and the size of fund and cost rate criterion shall be fixed at the levels computed for the last rate computation at the end of any calendar year in which the following has occurred:

(i) The average high cost multiple is equal to or less than 1.0. The average high cost multiple shall be computed as follows: The result of the unobligated balance of the unemployment compensation at November 1, immediately preceding the new rate year, divided by the total wages for the twelve (12) months ending on the June 30, immediately preceding the new rate year, shall be the numerator and shall be divided by the simple average of the value of the three (3) highest cost rate criterion computations since 1974. The result rounded to the next lower one (1) decimal place will be the average high cost multiple; or

(ii) The computed size of fund (average exposure criterion divided by cost rate criterion) described in Section 71-5-355 reaches 1.0 and the cost rate criterion reaches the average for the highest value of the cost rate criterion computations during each of the economic cycles (economic cycles shall be those defined by the National Bureau of Economic Research) subsequent to the calendar year 1974. The reduction to the size of the fund index and the cost rate criteria shall be accomplished as described in Section 71-3-355(1)(j) and (k); or

(iii) The Unemployment Compensation Fund falls below Five Hundred Million Dollars ($500,000,000.00).

FURTHER, AMEND line 25 of the title by inserting the following after the semicolon:

TO BRING FORWARD SECTION 71-5-353, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT;