2001 Montana Legislature

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SENATE BILL NO. 308

INTRODUCED BY D. HARRINGTON



A BILL FOR AN ACT ENTITLED: "AN ACT EXPANDING MONTANA'S TOTAL UNEMPLOYMENT INSURANCE EXTENDED BENEFIT LAWS TO PROVIDE FOR THE TOTAL BENEFITS ALLOWABLE UNDER FEDERAL LAW; EXTENDING UNEMPLOYMENT INSURANCE BENEFITS FOR UP TO 13 WEEKS IF THE STATE'S TOTAL UNEMPLOYMENT RATE IS 6.5 PERCENT OR GREATER FOR A 13-WEEK PERIOD AND THE CURRENT RATE IS 10 PERCENT HIGHER THAN THE TOTAL UNEMPLOYMENT RATE FOR THE CORRESPONDING PERIOD IN EITHER OF THE PRECEDING 2 YEARS; PROVIDING A FURTHER PERIOD OF UP TO 7 WEEKS OF UNEMPLOYMENT BENEFITS IF THE STATE'S 13-WEEK TOTAL UNEMPLOYMENT RATE IS 8 PERCENT OR MORE AND AT LEAST 10 PERCENT HIGHER THAN THE AVERAGE TOTAL UNEMPLOYMENT RATE FOR THE CORRESPONDING PERIOD IN THE LAST 2 YEARS; AMENDING SECTIONS 39-51-2504, 39-51-2505, AND 39-51-2510, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     NEW SECTION.  Section 1.  Extra weeks of extended benefits during period of high unemployment. (1) In addition to the state "on" indicators provided by 39-51-2504, whenever the current week's total unemployment rate is 8% or more and the most recent 13-week total unemployment rate is at least 10% higher than the average total unemployment rate for the corresponding 13-week period in either or both of the preceding 2 years, a claimant is eligible for up to an additional 7 weeks of unemployment insurance benefits. The total extended benefit amount, including those amounts provided by 39-51-2510, payable to any individual with respect to the applicable benefit year must be the lesser of the following amounts:

     (a)  104% of the total amount of regular benefits that were payable to the individual under this chapter in the individual's applicable benefit year; or

     (b)  27 times the weekly benefit amount that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year.

     (2)  Whenever the rate of total unemployment for the current week is less than 8% or whenever the current total unemployment rate for the current 13-week period is less than 10% higher than in the corresponding 13-week period in either of the preceding 2 calendar years, the extra weeks of extended benefits provided by this section are not available.



     Section 2.  Section 39-51-2504, MCA, is amended to read:

     "39-51-2504.  State "on" indicator -- when. There is a state "on" indicator for this state for a week if the department determines, in accordance with the regulations of the U.S. secretary of labor, that any of the following occur:

     (1)  (a) the rate of insured unemployment equals or exceeds 5% for any such the week and the immediately preceding 12 weeks; and

     (b)  the insured unemployment rate equals or exceeds 120% of the average of such the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or

     (2)  if the rate of insured unemployment for such week is 5% or more but the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years is less than 120%, the insured unemployment rate for such week and the immediately preceding 12 weeks is 6% or more; or

     (3)  (a) if the average rate of total unemployment for the most recent 13-week period is 6.5% or more; and

     (b)  the current total unemployment rate is at least 10% higher than the total unemployment rate average for the corresponding 13-week period in either or both of the preceding 2 years."



     Section 3.  Section 39-51-2505, MCA, is amended to read:

     "39-51-2505.  State "off" indicator -- when. There is a state "off" indicator for this state for a week if the department determines, in accordance with the regulations of the U.S. secretary of labor, that all of the following conditions are met:

     (1)  for the period consisting of such the week and the immediately preceding 12 weeks the rate of insured unemployment (not seasonally adjusted) under this chapter is less than 5%; or

     (2)  the average of such the insured unemployment rates for the corresponding 13-week period ending in each of the preceding 2 calendar years is less than 120% of the current 13-week insured unemployment rate; and

     (3)  the average rate of total unemployment for the current 13-week period is less than 6.5%."



     Section 4.  Section 39-51-2510, MCA, is amended to read:

     "39-51-2510.  Total extended benefit amount. (1) The total extended benefit amount payable to any eligible individual with respect to his the individual's applicable benefit year shall be is the least of the following amounts:

     (1)(a)  50% of the total amount of regular benefits which that were payable to him the individual under this chapter in his the individual's applicable benefit year;

     (2)(b)  13 times his the individual's weekly benefit amount which that was payable to him the individual under this chapter for a week of total unemployment in the applicable benefit year.

     (2)  Effective for weeks beginning in an unemployment period described in 39-51-2504(3), the total extended benefit amount, including the amounts provided for in subsection (1), payable to any individual for the applicable benefit year must be the lesser of:

     (a)  80% of the total amount of regular benefits that were payable to the individual under this chapter in the individual's applicable benefit year; or

     (b)  20 times the weekly benefit amount that was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year."



     NEW SECTION.  Section 5.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 39, chapter 51, part 25, and the provisions of Title 39, chapter 51, part 25, apply to [section 1].



     NEW SECTION.  Section 6.  Effective date -- applicability. [This act] is effective on passage and approval and applies to a person who is an exhaustee, as defined in 39-51-2501, on or after [the effective date of this act].

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