Senate Bill 2604

AN ACT TO REENACT SECTIONS 37-153-1 THROUGH 37-153-13, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE THE MISSISSIPPI COMPREHENSIVE WORKFORCE TRAINING AND EDUCATION CONSOLIDATION ACT OF 2004; TO REENACT SECTIONS 71-5-5, 71-5-11 AND 71-5-19, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MISSISSIPPI EMPLOYMENT SECURITY LAW; TO AMEND REENACTED SECTION 71-5-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A PENALTY FOR OVERPAID UNEMPLOYMENT BENEFITS WHICH HAVE BEEN OBTAINED AND/OR RECEIVED THROUGH FRAUD; TO PROVIDE FOR THE DEPOSIT OF SUCH PENALTIES INTO CERTAIN FUNDS AND THE PURPOSES FOR WHICH SUCH PENALTIES MAY BE USED; TO REENACT SECTIONS 71-5-101 AND 71-5-107 THROUGH 71-5-143, MISSISSIPPI CODE OF 1972, WHICH TRANSFER THE POWERS AND RESPONSIBILITIES OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION TO THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY IN THE OFFICE OF THE GOVERNOR AND PRESCRIBE THE DEPARTMENT'S POWERS AND DUTIES; TO AMEND REENACTED SECTION 71-5-114, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPOSIT INTO THE SPECIAL UNEMPLOYMENT SECURITY FUND OF PENALTIES COLLECTED FOR OVERPAID UNEMPLOYMENT BENEFITS WHICH HAVE BEEN OBTAINED AND/OR RECEIVED THROUGH FRAUD OR FAILURE TO REPORT EARNINGS WHILE FILING FOR BENEFITS AND TO PROVIDE THAT MONEY IN THE FUND MAY BE EXPENDED FOR ADMINISTRATION OF ANY PROGRAMS FOR WHICH THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY HAS ADMINISTRATIVE RESPONSIBILITY; TO REENACT SECTION 71-5-201, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI STATE EMPLOYMENT SERVICE WITHIN THE DEPARTMENT OF EMPLOYMENT SECURITY; TO REENACT SECTIONS 71-5-357 AND 71-5-359, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBE REGULATIONS GOVERNING NONPROFIT ORGANIZATIONS, STATE AGENCIES AND POLITICAL SUBDIVISIONS UNDER THE EMPLOYMENT SECURITY LAW; TO REENACT SECTIONS 71-5-451 AND 71-5-457, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE UNEMPLOYMENT COMPENSATION FUND AND THE UNEMPLOYMENT TRUST FUND; TO AMEND SECTION 71-5-503, MISSISSIPPI CODE OF 1972, TO REMOVE THE JULY 1, 2014, REPEAL DATE ON THE PROVISION OF LAW THAT ESTABLISHES THE WEEKLY UNEMPLOYMENT COMPENSATION BENEFIT; TO REENACT SECTIONS 71-5-511, 71-5-513, 71-5-517, 71-5-519, 71-5-523, 71-5-525, 71-5-529, 71-5-531 AND 71-5-541, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE PAYMENT OF UNEMPLOYMENT COMPENSATION BENEFITS; TO REENACT AND AMEND SECTION 71-5-513, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INDIVIDUAL WHO IS NOT HIRED FOR AN OTHERWISE SUITABLE POSITION DUE TO A POSITIVE TEST FOR ILLEGAL SUBSTANCES, INCLUDING DRUGS, SHALL, FOR PURPOSES OF THE MISSISSIPPI EMPLOYMENT SECURITY LAW, BE DEEMED TO HAVE FAILED TO ACCEPT SUITABLE WORK WHEN OFFERED HIM AND AS SUCH SUBJECT TO DISQUALIFICATION FROM RECEIVING EMPLOYMENT COMPENSATION BENEFITS; TO PROVIDE THAT A DISQUALIFIED INDIVIDUAL MAY PROVIDE INFORMATION TO END THE DISQUALIFICATION PERIOD EARLY BY SUBMITTING ACCEPTABLE PROOF TO THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY OF A NEGATIVE TEST RESULT FROM A TESTING FACILITY APPROVED BY THE DEPARTMENT; TO PROVIDE THAT AT ANY TIME DURING OR AFTER THE ASSESSED DISQUALIFICATION PERIOD, THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY MAY REQUIRE THE INDIVIDUAL TO SUBMIT ACCEPTABLE PROOF TO THE DEPARTMENT OF A NEGATIVE TEST RESULT FROM A TESTING FACILITY APPROVED BY THE DEPARTMENT IN ORDER TO REINSTATE THE INDIVIDUAL AND RESUME THE ISSUANCE OF BENEFITS UNDER MISSISSIPPI EMPLOYMENT SECURITY LAW; TO PROVIDE THAT NO PERSON ELIGIBLE FOR UNEMPLOYMENT BENEFITS SHALL BE DENIED BENEFITS FOR CERTAIN REASONS FOR ANY WEEK IN WHICH THEY ARE ENGAGED IN THE SELF-EMPLOYMENT ASSISTANCE PROGRAM; TO AUTHORIZE ANY INDIVIDUAL WHO IS RECEIVING UNEMPLOYMENT BENEFITS TO PARTICIPATE IN A PROGRAM TO GAIN SKILLS THAT MAY LEAD TO EMPLOYMENT WHILE CONTINUING TO RECEIVE UNEMPLOYMENT BENEFITS IF AUTHORIZATION FOR PARTICIPATION IS GRANTED BY THE DEPARTMENT AND PARTICIPATION IS CERTIFIED WEEKLY; TO PROVIDE THAT WHILE PARTICIPATING IN SUCH A PROGRAM, AVAILABILITY AND WORK SEARCH REQUIREMENTS WILL BE WAIVED; TO LIMIT THE AMOUNT OF TIME THAT AN INDIVIDUAL MAY PARTICIPATE IN SUCH A PROGRAM; TO REENACT SECTION 73-30-25, MISSISSIPPI CODE OF 1972, WHICH EXCLUDES CERTAIN PROFESSIONALS FROM REGULATION UNDER THE LAWS GOVERNING LICENSED PROFESSIONAL COUNSELORS; TO REENACT SECTION 43-1-30, MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI TANF IMPLEMENTATION COUNCIL AND PRESCRIBES ITS POWERS AND DUTIES; TO AMEND SECTION 43-17-5, MISSISSIPPI CODE OF 1972, TO REMOVE THE REPEAL DATE ON THE PROVISION OF LAW WHICH PROVIDES THE AMOUNT OF TEMPORARY ASSISTANCE TO NEEDY FAMILIES; TO REENACT SECTION 43-19-45, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE CHILD SUPPORT UNIT ESTABLISHED BY THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH A STATE PARENT LOCATOR SERVICE; TO REENACT SECTIONS 57-62-5, 57-62-9, 57-75-5 AND 57-80-7, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MISSISSIPPI ADVANTAGE JOBS ACT, THE MISSISSIPPI MAJOR ECONOMIC IMPACT ACT, AND THE GROWTH AND PROSPERITY ACT, RESPECTIVELY; TO REENACT SECTION 69-2-5, MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES CERTAIN DUTIES OF THE MISSISSIPPI COOPERATIVE EXTENSION SERVICE RELATING TO THE DISSEMINATION OF INFORMATION TO THE AGRICULTURAL COMMUNITY; TO REENACT SECTION 7-1-355, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE DEPARTMENT OF EMPLOYMENT SECURITY, OFFICE OF THE GOVERNOR, TO MAKE AN ANNUAL REPORT TO THE LEGISLATURE ON WORKFORCE INVESTMENT ACTIVITIES; TO AMEND REENACTED SECTIONS 37-153-7, 43-19-45 AND 71-5-357, MISSISSIPPI CODE OF 1972, TO INFORM THE CODE PUBLISHER OF CERTAIN NONSUBSTANTIVE LANGUAGE THAT SHOULD BE REVISED; TO AMEND SECTION 60, CHAPTER 572, LAWS OF 2004, AS AMENDED BY SECTION 58, CHAPTER 30, LAWS OF THE FIRST EXTRAORDINARY SESSION OF 2008, AS AMENDED BY SECTION 58, CHAPTER 559, LAWS OF 2010 REGULAR SESSION, AS AMENDED BY CHAPTER 471, LAWS OF 2011, TO EXTEND UNTIL JULY 1, 2019, THE REPEAL DATE ON THOSE STATUTES THAT ESTABLISH AND PRESCRIBE THE MEMBERSHIP OF THE MISSISSIPPI WORKFORCE INVESTMENT BOARD AND TRANSFER THE POWERS AND RESPONSIBILITIES OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION TO THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY; TO CODIFY SECTION 71-5-545, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SELF-EMPLOYMENT ASSISTANCE PROGRAM (SEAP) UNDER THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY (MDES); TO PROVIDE ELIGIBILITY AND STANDARDS FOR THE PROGRAM AND TO PROVIDE FOR THE AMOUNT OF SELF-EMPLOYMENT ASSISTANCE ALLOWANCE; TO PROVIDE FOR A SEAP STEERING COMMITTEE; TO AUTHORIZE THE MDES TO ISSUE REGULATIONS TO ADMINISTER THE PROGRAM; TO AMEND SECTION 71-5-355, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER JANUARY 1, 2012, ACCRUAL RULES SHALL APPLY FOR PURPOSES OF COMPUTING CONTRIBUTION RATES UNDER THE MISSISSIPPI EMPLOYMENT SECURITY LAW INCLUDING ASSOCIATED FUNCTIONS, AND TO PROVIDE THAT FOR ANY TAX YEAR, WHEN THE RESERVE RATIO OF THE UNEMPLOYMENT COMPENSATION FUND ON THE PRECEDING NOVEMBER 16 EQUALS OR EXCEEDS 3%, THE MODIFIED RATES OF EMPLOYER CONTRIBUTIONS SHALL BE IN EFFECT; AND FOR RELATED PURPOSES.

In the Senate

• Joey Fillingane

  Sponsor

• Senate floor amendmentAdopted

  Adopted Mar 13

• House of Representatives committee amendmentAdopted

  Adopted Apr 5

l9n doesn't hold this bill's text yet.

In the Senate Feb 20 – Mar 13

1. Feb 20Referred to the Senate committee on Finance
2. Mar 6Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Mar 13Committee substitute adopted in the Senate
4. Amended in the Senate
5. Passed the Senate as amended

In the House of Representatives Mar 15 – Apr 5

1. Mar 15Sent to the House
2. Mar 19Referred to the House committee on Workforce Development
3. Mar 29Reported from committee in the House: title sufficient, do pass as amended
4. Apr 5Amended in the House
5. Passed the House as amended

Back in the Senate Apr 9 – Apr 23

1. Apr 9Returned to the Senate to concur in the House's amendments
2. Apr 18Concurred in the Senate in the House's amendments
3. Apr 23Enrolled bill signed in the Senate

To the Governor Apr 23 – May 1

1. Apr 23Enrolled bill signed in the House
2. May 1Approved by the Governor