2008 House Bill 6386

Revise SUTA dumping prohibition

Introduced in the House

Aug. 20, 2008

Introduced by Rep. Bob Constan (D-16)

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 Committee on Labor

Sept. 23, 2008

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Sept. 24, 2008

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Lorence Wenke (R-63)

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

Passed in the House 62 to 40 (details)

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.

Received in the Senate

Nov. 5, 2008

Referred to the Committee on Commerce and Tourism

Dec. 11, 2008

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.