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House Study Bill 54

Bill Text

PAG LIN
  1  1    Section 1.  Section 96.7, subsection 2, paragraph b,
  1  2 unnumbered paragraph 1, Code 1999, is amended to read as
  1  3 follows:
  1  4    If an enterprise or business, or a clearly segregable and
  1  5 identifiable part of an enterprise or business, for which
  1  6 contributions have been paid is sold or transferred to a
  1  7 subsequent employing unit, or if one or more employing units
  1  8 have been reorganized or merged into a single employing unit,
  1  9 and the successor employer, having qualified as an employer as
  1 10 defined in section 96.19, subsection 16, paragraph "b",
  1 11 continues to operate the enterprise or business, the successor
  1 12 employer shall assume the position of the predecessor employer
  1 13 or employers with respect to the predecessors' payrolls,
  1 14 contributions, accounts, and contribution rates to the same
  1 15 extent as if no change had taken place in the ownership or
  1 16 control of the enterprise or business.  However, the successor
  1 17 employer shall not assume the position of the predecessor
  1 18 employer or employers with respect to the predecessor
  1 19 employer's or employers' payrolls, contributions, accounts,
  1 20 and contribution rates which are attributable to that part of
  1 21 the enterprise or business transferred, unless the successor
  1 22 employer applies to the department within sixty ninety days
  1 23 from the date of the partial transfer, and the succession is
  1 24 approved by the predecessor employer or employers and the
  1 25 department.
  1 26    Sec. 2.  UNEMPLOYMENT COMPENSATION PROGRAM – FEDERAL
  1 27 SOCIAL SECURITY ACT FUND CREDITS.  Notwithstanding the
  1 28 provisions of section 96.9, subsection 4, to the contrary,
  1 29 moneys credited to the account of this state in the
  1 30 unemployment trust fund by the secretary of the treasury of
  1 31 the United States pursuant to section 903 of the Social
  1 32 Security Act for the federal fiscal years beginning October 1,
  1 33 1999, October 1, 2000, and October 1, 2001, shall be used
  1 34 solely for the administration of the unemployment compensation
  1 35 program.  Expenditure of the moneys credited during the
  2  1 applicable federal fiscal years shall not be subject to any
  2  2 provision of law requiring a specific appropriation of that
  2  3 money for the purpose permitted.  
  2  4                           EXPLANATION
  2  5    This bill concerns the operation of the unemployment
  2  6 compensation program.
  2  7    Section 1 of the bill amends Code section 96.7, subsection
  2  8 2, to extend the length of time from 60 to 90 days for a
  2  9 successor employer that purchases part of a business to apply
  2 10 for a partial transfer of experience from the predecessor
  2 11 employer.  This transfer of experience impacts the
  2 12 contribution rate assessed to the successor employer.
  2 13    Section 2 provides that, for the federal fiscal years
  2 14 beginning in 1999, 2000, and 2001, moneys credited to the
  2 15 unemployment trust fund account by the secretary of the
  2 16 treasury pursuant to section 903 of the federal Social
  2 17 Security Act shall be used solely for the administration of
  2 18 the unemployment compensation program in this state and can be
  2 19 used without a specific appropriation for that purpose.  The
  2 20 section notwithstands any contrary provision in Code section
  2 21 96.9, subsection 4, which otherwise governs the use and
  2 22 expenditure of these federal Social Security Act moneys.  This
  2 23 section conforms to the requirements of the federal Balanced
  2 24 Budget Act of 1997 which deals with these fund transfers.  
  2 25 LSB 1232DP 78
  2 26 ec/jw/5
     

Text: HSB00053                          Text: HSB00055
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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