State Senate Approves Two Nass Bills

      On October 31^st, the State Senate unanimously approved two more reform bills that I authored.  Now that the 2017-19 biennial state budget has been completed, the Legislature will be focused on addressing individual pieces of legislation covering many topics over the remaining months of this session.  Currently, this legislative session is scheduled to end in March 2018.

2017 Assembly Bill 60

Under the bill, a state employee position title may not include the word “engineer” unless the duties of the position require an individual employed in that classification to:

1) Register with the state as a professional engineer; or

2) Hold at least a Bachelor of Science degree in engineering. 

The bill also prohibits state employees from presenting themselves to the public as engineers unless the employee satisfies the criteria described above.

I co-authored this legislation with Representative Tom Weatherston because occasionally members of the public would be confused into believing that a state employee was actually an “engineer” due to a job title even though they may lack the appropriate professional training.

Assembly Bill 60 now goes to Governor Walker for his signature making it law.

2017 Senate Bill 399

As Chairman of the Senate Labor and Regulatory Reform Committee, I agreed to author this legislation developed by the Unemployment Insurance Advisory Council within the Department of Workforce Development (DWD).  This council is made up of an equal number of employer and employee representatives.

Below is a brief summary of key provisions: 

Revisions to Collections Provisions

Current law provides for a number of methods that the DWD may use to collect Unemployment Insurance (UI) related debt, such as delinquent contributions and benefit overpayments.  The particular methods that are available depend on the type of debt that is owed.  SB 399 makes a number of changes regarding the collection of UI-related debt, including all of the following: 

-The bill provides for an unrecorded lien option against any person who owes DWD a debt under the UI law.  Currently, such liens are only imposed against employers.

-Current law allows DWD to hold an individual who is an officer, employee, member, manager, partner, or other responsible person holding at least 20 percent of the ownership interest of a corporation, limited liability company, or other business association personally liable for UI contributions and other assessments.  This bill deletes the 20 percent ownership requirement.

-The bill allows DWD to more aggressively utilize state tax refund intercepts to recoup overpayments of UI benefits.

-Under current law, DWD may issue a warrant to an employee or other agent of the department.  In the execution of such a warrant, the DWD employee or agent has all the powers conferred by law upon a sheriff.  The bill allows DWD when executing such a warrant to conduct a sale of property in any county of this state and in any manner that will bring the highest net bid or price, including an Internet-based auction or sale.  

Ineligibility for Benefits Due to Concealment of Payments

Current law provides that a UI claimant is totally ineligible for benefits for each week the claimant conceals wages or hours worked.  This bill expands to the types of concealed payments that make an individual ineligible for benefits to include holiday pay, vacation pay, termination pay, or sick pay. 

Revisions to Drug Testing Statutes

Finally, the bill includes a number of changes concerning the drug testing of UI claimants for controlled substances, including the following: 

-Provides civil immunity to employers who submit information to DWD about individuals who fail or refuse to take drug tests.

-Clarifies the confidentiality of claimants' information related to drug testing.

Senate Bill 399 now goes to the State Assembly for their consideration.  The Assembly is expected to approve the legislation by November 9^th, thus sending it Governor Walker for his signature making it law.