AN ACT relating to unemployment insurance.

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AN ACT relating to unemployment insurance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 341.005 is amended to read as follows: 3
As used in this chapter, unless the context clearly requires otherwise: 4
(1) "Approved job training or certification program" means: 5
(a) A program approved by the secretary that leads to a shor t-term certificate or 6
credential, an industry-recognized certificate, diploma, or associate of applied 7
science degree in one (1) of Kentucky's top five (5) high -demand workforce 8
sectors identified by the Kentucky Workforce Innovation Board and the 9
Education and Labor Cabinet; 10
(b) A program approved and determined by the secretary to improve an 11
individual's employability in a high-wage, high-demand occupation; or 12
(c) A training program approved under the Trade Act of 1974, 19 U.S.C. sec. 13
2296; 14
(2) "Cabinet" means the Education and Labor Cabinet; 15
(3) "Certified mail" has the same meaning as in KRS 446.010; 16
(4) "Commission" means the Unemployment Insurance Commission; 17
(5)[(4)] "Enhanced federal benefits" means any temporary federally funded or 18
partially federally funded benefits, administered by the Commonwealth and payable 19
through voluntary agreements between the Commonwealth and the United States 20
Department of Labor, that supplement or increase weekly state benefit amounts. 21
"Enhanced federal benefits" does not mean benefits such as, w ithout limitation, 22
benefits otherwise calculated and distributed in accordance with KRS 341.350 to 23
341.415, extended benefits provided for in KRS 341.700 to 341.740, shared work 24
benefits provided for in KRS 341.4161 to 341.4173, disaster unemployment 25
assistance benefits, 42 U.S.C. sec. 5177, or trade readjustment allowances, 19 26
U.S.C. secs. 2291 to 2294, or any amendments thereto; 27
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(6)[(5)] "Multi-factor authentication" means authentication through verification of 1
at least two (2) of the following methods of authentication factors: 2
1. Knowledge factors, such as a password; 3
2. Possession factors, such as a token or text message on a mobile phone; or 4
3. Inherence factors, such as a biometric characteristic; 5
(7) "Notice" means any communication from the secretar y or any employer to 6
employers or employees required under this chapter; 7
(8) "Secretary" means the secretary of the Education and Labor Cabinet or his or her 8
duly authorized representative; and 9
(9)[(6)] "State average unemployment rate" means the seasonal adjusted statewide 10
unemployment rate that applies to the six (6) month period in which the claim is 11
filed. One six (6) month period shall begin on January 1 of each year and one six 12
(6) month period shall begin on July 1 of each year. For the six (6) month period 13
beginning on January 1, the state average unemployment rate shall be the average 14
of Kentucky's seasonal adjusted unemployment rates for the preceding months of 15
July, August, and September. For the six (6) month period beginning on July 1, the 16
state average unemployment rate shall be the average of Kentucky's seasonal 17
adjusted unemployment rates for the preceding months of January, February, and 18
March. In calculating the state average unemployment rate, the cabinet shall utilize 19
the most recent seaso nal adjusted unemployment rate determined by the United 20
States Department of Labor, Bureau of Labor Statistics. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 341 IS CREATED TO 22
READ AS FOLLOWS: 23
Unless otherwise provided by law, any notice from the secretary or any employer to 24
employers or employees required under this chapter shall be in writing and delivered 25
by any method of governmental, commercial, or electronic delivery. The secretary shall 26
provide employers and employees th e option to receive only electronic notices. The 27
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electronic notice system shall utilize effective privacy controls, which shall include 1
multi-factor authentication procedures for any individual accessing nonpublic 2
information. 3