Bill Summary – FastDemocracy

HOUSE BILL NO. 5294
     November 02, 2023, Introduced by Reps. Stone, Price, Rheingans, Brabec, MacDonell,
       McKinney, Hood, Wilson and Brixie and referred to the Committee on Labor.
          A bill to amend 1936 (Ex Sess) PA 1, entitled
    "Michigan employment security act,"
    by amending sections 2 and 32b (MCL 421.2 and 421.32b), section 2
    as amended by 2011 PA 268 and section 32b as amended by 2011 PA
    269, and by adding section 32e.
                   THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 2. (1) The legislature acting in the exercise of the
 police power of the this state declares that the public policy of
 the this state is as follows: Economic insecurity due to
 unemployment is a serious menace to the health, morals, and welfare
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 of the people of this state. Involuntary unemployment is a subject
 of general interest and concern which that requires action by the
 legislature to prevent its spread and to lighten its burden, which
 so often falls with crushing force upon the unemployed worker and
 his or her family , to the detriment of the welfare of the people
 of this state. Social security requires protection against this
 hazard of our economic life. Employers should be encouraged to
 provide stable employment. The systematic accumulation of funds
 during periods of employment to provide benefits for periods of
 unemployment by the setting aside of unemployment reserves to be
 used for the benefit of persons individuals unemployed through no
 fault of their own, thus maintaining purchasing power and limiting
 the serious social consequences of relief assistance, is for the
 public good, and the general welfare of the people of this state.
       (2) The unemployment agency shall use plain language in all of
 the following under this act, whether in a print, electronic, or
 other format:
       (a) Correspondence and documents related to the taxes or
 reimbursing charges of employers and the benefits of individuals.
       (b) References or citations to either of the following that
 are in a document or correspondence sent to or used by a claimant
 or employer:
       (i) A policy the unemployment agency implements.
       (ii) A rule the unemployment agency promulgates.
       (3) (2) The legislature finds that from time to time high
 levels of unemployment have resulted in the exhaustion of the funds
 in this state's account of the unemployment trust fund, has have
 required advances or loans to the this state from the federal
 account of the unemployment trust fund, and has have caused the
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 imposition of lawful penalty taxes and solvency taxes to repay
 those advances and the interest on those advances. The financing
 and payment of the outstanding principal amount heretofore or
 hereafter advanced or loaned to this state from the federal account
 of the unemployment trust fund and the interest on those loans, if
 any, the funding of unemployment compensation benefits, and the
 financing and funding of this state's account in the unemployment
 trust fund including, without limitation, the funding of sufficient
 fund balances in the unemployment trust fund, are an essential
 governmental function functions and public purpose purposes of this
 state. The legislature further finds that the issuance of bonds by
 the Michigan finance authority or other issuer to finance the
 foregoing payments and to avoid or reduce the imposition of penalty
 taxes and solvency taxes will further and facilitate an essential
 governmental function and public purpose of this state that will
 encourage the development of industry and commerce, foster economic
 growth, provide employment opportunities for the citizens and
 residents people of this state and further other economic
 development and activities in this state, and in general promote
 the public health and general welfare of the people of this state.
       (4) As used in this section, "plain language" means language
 that meets all of the following requirements:
       (a) Is clear and concise.
       (b) Avoids complex vocabulary and contradictory statements.
       (c) Is based on a fourth-grade reading level.
       Sec. 32b. (1) The unemployment agency shall establish and
 provide access to a secure internet site to enable employers to
 determine if correspondence sent to the unemployment agency by the
 employer has been received.
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       (2) Within Not later than 10 days of after receiving a protest
 or appeal from an employer or employing unit, the unemployment
 agency shall post a statement confirming receipt of the protest or
 appeal from that employer or employing unit on the internet site
 required under subsection (1).
       (3) A protest or appeal shall must be signed or verified in a
 manner prescribed by administrative rule and shall must be
 transmitted to the unemployment agency by mail , or facsimile , or
 other electronic method approved by the unemployment agency. If a
 party submits an unsigned or unverified protest or appeal, the
 unemployment agency shall notify the party of the defect that
 prevents the agency from accepting the protest or appeal.
       (4) The unemployment agency shall include all of the following
 in each determination and redetermination the unemployment agency
 provides to a claimant or employer:
       (a) A clear, concise, and factual reason for the determination
 or redetermination that includes particularized facts specific to
 the claimant's or employer's claim.
       (b) A summary of the claimant's or employer's right to appeal
 determinations and redeterminations, including the length of time
 the claimant or employer has to file an appeal, as provided for in
 section 32a.
       (c) A summary of the claimant's or employer's right to request
 a reconsideration of a determination or redetermination not more
 than 1 year after the mailing date of the determination or
 redetermination as provided for in section 32a.
       (d) A summary list of all of the determinations and
 redeterminations related to the claimant's or employer's claim. The
 list must include all of the following information for each
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 determination and redetermination:
       (i) The outcome.
       (ii) The date of issuance.
       (iii) The date by which the claimant or employer must file an
 appeal under section 32a.
       (iv) The date by which the claimant must request a
 reconsideration of the determination or redetermination under
 section 32a.
       (5) The unemployment agency shall consolidate all
 determinations related to an issue into 1 determination.
       (6) The unemployment agency shall consolidate all
 redeterminations related to an issue into 1 redetermination.
       Sec. 32e. Except as otherwise provided in section 32b(4), the
 unemployment agency shall include both of the following in the
 notification it provides to an employer or a claimant regarding a
 denial, modification, or cessation of benefits:
       (a) A clear and concise statement of the reason for the
 denial, modification, or cessation. The statement must include both
 of the following:
       (i) The particularized facts specific to the claimant's or
 employer's claim that support the denial, modification, or
 cessation.
       (ii) The legal reason for the denial, modification, or
 cessation.
       (b) If applicable, the appeal rights that the employer or
 claimant has with respect to the denial, modification, or
 cessation.
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Statutes affected: 
House Introduced Bill: 421.2, 421.32