Chapter 0246 - 502R - S Ver of HB2628

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 23-750, Arizona Revised Statutes, is amended to read:

START_STATUTE23-750. Special provisions for nonprofit organizations and state and local governments

A. The provisions of this section apply to:

1. Any nonprofit organization described in paragraph 10 of section 23‑617, which but for the provisions of section 23‑613, subsection A, paragraph 2, subdivision (c) would not be subject to this chapter, or which is not mandatorily subject to this chapter because of insufficient employees but which has voluntarily elected to become subject to this chapter.

2. This state, or a political subdivision thereof, or any instrumentality, agency or board of any one or more of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivisions.

B. Benefits paid to employees of employing units to which this section applies shall be financed in accordance with the provisions of this subsection.

1. Any employing unit to which this section applies:

(a) Which is or becomes subject to this chapter on January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than three consecutive taxable years beginning with January 1, 1972, provided it files with the department a written notice of its election not later than sixty days after written notice that such election may be made is first given to the employing unit by the department.

(b) Which becomes subject to this chapter after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than three consecutive taxable years by filing a written notice of its election with the department not later than thirty days immediately following the date of the determination of such subjectivity.

(c) Which makes an election in accordance with subdivision (a) or (b) of this paragraph shall continue to be liable for payments in lieu of contributions until it files with the department a written notice terminating its election not later than thirty days prior to the beginning of the taxable year for which such termination shall first be effective.

(d) Which has been paying contributions under this chapter subsequent to January 1, 1972, for a period of not less than three consecutive taxable years may elect to become liable for payments in lieu of contributions for a period of not less than three consecutive taxable years by filing a written notice of its election with the department not later than thirty days prior to the beginning of the taxable year for which such election shall first be effective.

2. The department may for good cause extend the period within which a notice of election or a notice of termination must be filed.

3. The department shall notify the employing unit of any determination made of its status as an employer and of the effective date of any election or termination of such election made in accordance with this subsection. Such determination shall be subject to reconsideration, petition for hearing, and judicial review in accordance with the provisions of section 23‑724.

4. An employing unit shall pay to the department for the fund an amount equal to the amount of regular benefits and of one‑half of the extended benefits paid which were based upon wages paid during the employing unit's period of election to make payments in lieu of contributions, except that a governmental entity shall pay to the department for the fund an amount equal to the total amount of extended benefits paid for weeks of unemployment beginning on or after January 1, 1979, which are based upon wages paid by the governmental entity during its election to make payments in lieu of contributions. The provisions of sections 23‑727, 23‑773 and 23‑777, insofar as they apply to noncharging an employer's account for benefit payments, do not apply to benefits paid which were based upon wages paid during the employing unit's period of election to make payments in lieu of contributions.

C. As soon as practicable after the end of each calendar quarter the department shall determine the amount of payments in lieu of contributions due from each employing unit and shall bill each employing unit for the amount due. If payment is not made on or before the date due and payable as prescribed by the department, the whole or part thereafter remaining unpaid shall bear interest at the rate of one per cent per month or fraction thereof, from and after the due date until payment is received by the department. The amount of payments due hereunder but not paid may be collected by the department, together with interest and penalties, if any, in the same manner and subject to the same conditions as contributions due from other employers. The amount due specified in any bill from the department shall be conclusive and binding on the employing unit unless not later than fifteen days after the bill was mailed to its last known address, the employing unit files an application for redetermination. A redetermination made under this subsection shall be subject to petition for hearing and judicial review in accordance with the provisions of section 23‑724.

D. Two or more employing units that have become liable for payments in lieu of contributions may file a joint application to the department for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employing units. Each application shall identify and authorize a group representative to act as the group's agent for the purposes of this subsection. Upon approval of the application, the department shall establish a group account for such employing units effective as of the beginning of the calendar quarter in which the application is received and shall notify the group's representative of the effective date of the account. The account shall remain in effect for not less than three years and thereafter until terminated at the discretion of the department or upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear to the total wages paid during such quarter for service performed in the employ of all members of the group. The department shall prescribe such regulations as it deems necessary with respect to applications for establishment, maintenance, and termination of group accounts that are authorized by this subsection, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of such payments.

E. Benefits are payable on the basis of employment to which this section applies, in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other employment subject to this chapter, except that notwithstanding the provisions of sections 23‑779 and 23‑780:

1. Benefits based on service in an instructional, research, or principal administrative capacity for an educational institution shall not be paid to an individual for any week of unemployment which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms.

2. Benefits based on service in any other capacity for an educational institution shall not be paid to an individual for any week of unemployment which begins during a period between two successive academic years or terms if the individual performs such services in the first of such academic years or terms and if there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, except that if benefits are denied to any individual under this paragraph and that individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, the individual is entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this paragraph.

3. Benefits based on services described in paragraph 1 or 2 of this subsection shall not be paid to an individual for any week of unemployment which begins during an established and customary vacation period or holiday recess if the individual performs such services in the period immediately before such vacation period or holiday recess and if there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation period or holiday recess.

4. With respect to any services described in paragraph 1 or 2 of this subsection, benefits are not payable on the basis of services in any capacity specified in paragraph 1, 2 or 3 of this subsection to any individual who performed such services in an educational institution while in the employ of an educational service agency. For the purposes of this paragraph, "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

5. With respect to services described in paragraph 1, 2 or 3 of this subsection, benefits are not payable on the basis of services specified in paragraph 1, 2 or 3 of this subsection to any individual who performed these services while in the employ of an entity that provides these services to or on behalf of an educational institution.

F. In determining contribution rates assigned to employers under this chapter, the payrolls of employing units liable for payments in lieu of contributions shall not be included in computing the contribution rates to be assigned to employers under this chapter. The payments in lieu of contributions made by such employing units shall be included in the total assets of the fund in the same manner as contributions paid by other employers.

G. Except as inconsistent with the provisions of this section, the provisions of this chapter and regulations of the department shall apply to any matter arising pursuant to this section. END_STATUTE

Sec. 2. Title 23, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 23-795, to read:

START_STATUTE23-795. Contract educational providers; definition

A. Notwithstanding sections 23-779 and 23-780, benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during a period between two successive academic years or terms if both of the following are true:

1. The individual performs these services in the first of the successive academic years or terms.

2. There is a reasonable assurance that the individual will perform the same services in the second of the academic years or terms.

B. If benefits are denied to an individual under subsection A of this section and the individual was not offered an opportunity to perform these services for the employer for the second successive academic year or term, the individual is entitled to a retroactive payment of benefits for each week to which both of the following apply:

1. The individual filed a timely claim for benefits.

2. The benefits were denied solely by reason of subsection A of this section.

C. Benefits based on service for a contract educational provider shall not be paid to an individual for any week of unemployment that begins during an established and customary vacation period or holiday recess if both of the following are true:

1. The individual performs these services in the period immediately before the vacation period or holiday recess.

2. There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

D. For the purposes of this section, "contract educational provider" means a private, for-profit entity that is approved by the department of education to provide and does provide special education services to pupils from schools that offer instruction in kindergarten programs and grades one through twelve. END_STATUTE

Sec. 3. Exemption from rule making

For the purposes of this act, the department of economic security is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

Sec. 4. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.