Delaware HB 176: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION DEADLINES.

Bill Text

HD : NSW : DS
3501520128
Page 1 of 5 Released: 05/31/2023 03:08 PM
SPONSOR: Rep. Osienski & Rep. K. Williams & Rep. Dorsey Walker
& Sen. Walsh & Sen. Townsend
Reps. Briggs King, Heffernan, Morrison; Sens. Gay,
Hoffner, Mantzavinos, Wilson
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 176
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION
DEADLINES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 3304, Title 19 of the Delaware Code, by making insertions as shown by underline as follows:
2 § 3304. Day of filing; computation of time.
3 When any notice, report or other document is required to be filed under this chapter and the same is forwarded by
4 mail to the Department, the day of mailing shall be deemed to be the day of filing.
5 When the day, or the last day, for doing any act required to be done falls on Saturday, Sunday or a holiday, the act
6 may be done on the first ensuing day that is not a Saturday, Sunday or holiday.
7 Unless otherwise specified, all references to days in this chapter shall mean calendar days.
8 Section 2. Amend § 3317(b), Title 19 of the Delaware Code, by making insertions as shown by underline as
9 follows:
10 § 3317. Filing of claim for benefit; regulations of Department; posting [For application of this section, see 79 Del.
11 Laws, c. 82, § 2].
12 (b) Whenever an individual files a claim for benefits, the Department shall forward to the employer by whom the
13 claimant was most recently employed, hereafter the “last employer,” or to the last employer’s agent and to each base period
14 employer or to each base period employer’s agent relating to the individual’s claim a separation notice. The last and base
15 period employer(s) or agent(s) of the last and base period employer(s) shall return such notices completed, indicating the
16 reason for the claimant’s separation from work with them and the individual claimant’s last date of work with them, within
17 7 15 days of the date contained on the separation notice. Any last or base period employer or any last or base period
18 employer’s agent who fails to timely return a separation notice or who fails to complete a separation notice or responds
19 inadequately (which, for the purposes of this subsection, shall mean providing the Department insufficient information to
20 make a determination of eligibility for the receipt of unemployment insurance benefits) within the period prescribed above
21 shall be barred from claiming subsequently that the individual claimant to whom such separation notice applied shall be
22 disqualified under any provisions of § 3314 of this title and shall be barred from seeking relief from benefit wage charges

HD : NSW : DS
3501520128
Page 2 of 5 Released: 05/31/2023 03:08 PM
23 to its experience merit rating account under §§ 3349-3356 of this title unless the Department for reasons found to constitute
24 good cause, shall release such employer or the employer’s agent from the default. If the last or base period employer or the
25 last or base period employer’s agent fails to timely submit a completed separation notice, the Department shall not be
26 required to issue a determination on said claim or to make an examination of said claim or be required to follow the
27 remaining procedures as set forth in §§ 3318-3320 of this title.
28 Section 3. Amend § 3318, Title 19 of the Delaware Code, by making insertions as shown by underline as follows:
29 § 3318. Decision on claim by deputy; notice; appeal.
30 (a) If the last employer timely files a completed separation notice in accordance with § 3317 of this title and the
31 employer’s statement on the separation notice does raise a potentially disqualifying issue as to the reason for the claimant’s
32 separation, the claim shall be referred to a representative of the Department, hereinafter referred to as a Claims Deputy,
33 who shall examine the claim and on the basis of the facts found by the Claims Deputy shall initially determine the
34 individual’s qualification and nonmonetary eligibility for benefits, and issue a determination in which it is determined
35 whether or not such claim is valid. If valid, the Claims Deputy shall further determine the week with respect to which
36 benefits shall commence. In lieu of making a determination, the Claims Deputy may elect to refer such claim or any
37 question involved therein to an appeal tribunal which shall make its decision with respect thereto in accordance with the
38 procedure described in subsection (c) of this section. In either case, the Claims Deputy shall promptly notify the claimant
39 and the last employer of the Deputy’s own determination and the reasons therefor. The Claims Deputy may for good cause
40 reconsider a determination and shall promptly notify the claimant and the last employer of the Deputy’s amended
41 determination and the reasons therefor, as the case may be. Base period employers who have submit