Introduced by Rep. Bob Constan (D) on August 20, 2008, to revise details of the law that makes it illegal for a company to transfer or acquire a business, or a portion of one, for the purpose of lowering its unemployment insurance tax. Under the State Unemployment Tax Act (SUTA), these tax assessments are based on a firm’s layoff history, and the prohibition was adopted to address concerns that some firms were “SUTA dumping” by transferring employees to newly created or acquired companies with lower unemployment tax rates. The bill increases the penalty of a higher tax assessment by extending it for three years instead of just one.
Referred to the House Labor Committee on August 20, 2008.
Reported in the House on September 23, 2008, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered in the House on September 24, 2008. The substitute passed by voice vote in the House on September 24, 2008.
Amendment offered by Rep. Lorence Wenke (R) on September 24, 2008, to assess fines not on the basis of a calendar year rate but a rate for a year, not necessarily a calendar year. Also, to not revise the definition of "SUTA dumping" as proposed by the bill, which would make it transferring all or part of a trade or business in a manner that results in a violation of the act; or acquiring all or part of a trade or business, solely or primarily for the purpose of reducing unemployment insurance charges. The amendment failed by voice vote in the House on September 24, 2008.
Passed 62 to 40 in the House on September 24, 2008, to revise details of the law that makes it illegal for a company to transfer or acquire a business, or a portion of one, for the purpose of lowering its unemployment insurance tax. Under the State Unemployment Tax Act (SUTA), these tax assessments are based on a firm’s layoff history, and the prohibition was adopted to address concerns that some firms were “SUTA dumping” by transferring employees to newly created or acquired companies with lower unemployment tax rates. The bill increases the penalty of a higher tax assessment by extending it for three years instead of just one. Who Voted "Yes" and Who Voted "No"
Received in the Senate on November 5, 2008.
Referred to the Senate Commerce & Tourism Committee on November 5, 2008.
Reported in the Senate on December 11, 2008, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
1) 2008 House Bill 6386 (Revise SUTA dumping prohibition ) by admin on January 1, 2001 Introduced in the House on August 20, 2008, to revise details of the law that makes it illegal for a company to transfer or acquire a business, or a portion of one, for the purpose of lowering its unemployment insurance tax. Under the State Unemployment Tax Act (SUTA), these tax assessments are based on a firm’s layoff history, and the prohibition was adopted to address concerns that some firms were “SUTA dumping” by transferring employees to newly created or acquired companies with lower unemployment tax rates. The bill increases the penalty of a higher tax assessment by extending it for three years instead of just one
The vote was 62 in favor, 40 opposed and 8 not voting