A C D F G H I K L M N O P R S T U V W
CCH® State Law Changes are updated at least semi-monthly. They are brief summaries of information contained in Human Resources Management State Employment Law and Employment Practices Guide, CCH InternetSM Research Network™ (IRN) subscription products. You must be a subscriber to these products to access the IRN links in the monthly compilations.

March 2003 Compilation

AlabamaTop of Page
No March 2003 Updates 
AlaskaTop of Page
Recordkeeping / Posters Law
The state's wage and hour poster has been updated (AK ¶2-9900).
ArizonaTop of Page
Military and Emergency Services Leave Law
The state's military leave law has been amended with respect to interaction with federal law  (Ch. 219 (S. 1427), L. 2002, at AZ ¶3-7200).

Recordkeeping / Posters Law
The state's unemployment insurance poster has been updated (AZ ¶3-9900).
ArkansasTop of Page
Criminal Background Checks Law
The law relating to criminal background checks of first time nursing applicants has been amended. Title 17, Subtitle 3, Chapter 87, Section 17-87-312, as amended by Act 103 (S.B. 27), L. 2003, effective 91 days after the adjournment of the legislature. ¶4-23,600.15.

Family and Medical Leave, Public Employees Law
State agency directors are permitted to waive the minimum requirement for employee eligibility for catastrophic sick leave. Title 21, Chapter 4, Subchapter 2, Section 21-4-214, as amended by Act 104 (S.B. 11), L. 2003, effective Feb. 21, 2003. ¶4-22,450.06.

Access to Personnel Files Law
The state's Freedom of Information Act has been amended to exempt certain employees' home addresses from the provisions relating to examination and copying of public records (Act 213 (H. 1369), L. 2003). (Act 213 (H. 1369), L. 2003, at AR ¶4-8500).

Health Insurance Benefits Coverage Law
The Arkansas Health Care Consumer Act has been amended to require health care providers to provide mastectomy benefits in conformity with the federal Women's Health and Cancer Rights Act of 1998 (Act 179 (H. 1280), L. 2003, at AR ¶4-4000).

Minimum Wage Law
The state's minimum wage law has been amended to exempt certain persons employed as nonprofit agency houseparents (Act 212 (H. 1352), L. 2003, at AR ¶4-1000).

Preemployment Inquiries Law
Effective February 3, 2003, a consolidated school district may waive criminal background checks for certain personnel (Act 42 (H. 1091), L. 2003, at AR ¶4-9000).

Family, Medical and Parental Leaves Law
State agency directors may waive the minimum leave requirement for employee eligibility for catastrophic sick leave (Act 194 (S. 11), L. 2003, at AR ¶4-7000).

Military and Emergency Services Leave Law
State employees who are members of the U.S. Air Force Auxiliary Civil Air Patrol or the U.S. Coast Guard Auxiliary may take leave to participate in emergency and rescue services (Act 471 (H. 1460), L. 2003, at AR ¶4-7200).

CaliforniaTop of Page
No March 2003 Updates 
ColoradoTop of Page
Discrimination Against Military Personnel Law
Topic added.  Employees are protected from discharge or discrimination in employment based on membership in the military, and no employer may refuse to hire or discharge an employee based on the persons status in the military, nor may the employer hinder or prevent the person from performing military service or dissuade a person from enlisting in the national guard by threat or injury to the person, with respect to the persons employment, trade or business. Title 28, Article 3, Part 5, Section 28-3-506.

Military and Emergency Services Leave Law
The state's military leave law has been amended with respect to discrimination, employer penalties and interaction with USERRA (Ch. 181 (S. 99), L. 2002,
at CO ¶6-7200).

ConnecticutTop of Page
No March 2003 Updates 
DelawareTop of Page
Criminal Background Checks Rules
Additional rules were adopted pertaining to criminal background checks of health facility personnel. This rule is not yet codified and reads as adopted effective March 10, 2003. ¶8-23,650.51.
D.C.Top of Page
Criminal background Checks Rule
A rule has been adopted pertaining to criminal background check violations of unlicensed personnel at health care facilities. Title 16, Chapter 32, Sections 3245, as adopted effective Feb. 3, 2003. ¶9-23,650.01.
FloridaTop of Page
No March 2003 Updates 
GeorgiaTop of Page
No March 2003 Updates 
HawaiiTop of Page
No March 2003 Updates 
IdahoTop of Page
Unemployment Insurance Law
The taxable wage base for 2003 and 2004 is $27,600. The standard tax rate for 2003 and 2004 is 1.5%. Schedule II is required to be in effect for calendar years 2003 and 2004 (Ch. 2, L. 2003, at ID ¶13-1700).
IllinoisTop of Page
Recordkeeping / Posters Law
The state's workers' compensation poster has been updated (IL ¶14-9900).
IndianaTop of Page
No March 2003 Updates 
IowaTop of Page
No March 2003 Updates 
KansasTop of Page
No March 2003 Updates 
KentuckyTop of Page
Recordkeeping / Posters Law
The law relating to information required to be maintained, updated, and posted by long-term care facilities has been amended (S. 20, L. 2003, at KY ¶18-9900).
LouisianaTop of Page
Criminal Background Checks Rules
The rule pertaining to the issuance, revocation, suspension and reinstatement of teaching certificates requires a current FBI criminal background check and the evidence of documentation of rehabilitation. Title 28, Part I, Chapter (Subchapter A, Section 903, as amended by Bulletin 746, effective Feb. 20, 2003. ¶19-23,650.01.
MaineTop of Page
No March 2003 Updates 
MarylandTop of Page
No March 2003 Updates 
MassachusettsTop of Page
Disclosure of Family Relationships, State Employment Executive Order
Each person applying for employment within the Executive Branch under the Governor must disclose in writing the names of all immediate family as well as persons related to immediate family by marriage who serve as employees or elected officials of the Commonwealth. Executive Order No. 444, reads as signed by governor Mitt Romney, effective Jan. 9, 2003. 

Fair Employment Practices Law
The governor has signed an executive order requiring applicants for state employment to disclose the names of family members who are employed by the state (Executive Order No. 444, effective January 9, 2003, at MA ¶22-2500).

MichiganTop of Page
Minimum Wage Law
The City of Southfield has enacted a living wage ordinance (Ord. No. 1478, 2002, at MI ¶23-1000).
MinnesotaTop of Page
Recordkeeping / Posters Law
The state's age discrimination poster (English version) has been updated (MN ¶24-9900).
MississippiTop of Page
No March 2003 Updates 
MissouriTop of Page
Bone Marrow and Organ Donation Leave Rule, Public Employees
State employees are entitled to a paid leave of absence to serve as a bone marrow or organ donor. An employee can take up to five workdays to serve as a bone marrow donor and up to 30 days to serve as an organ donor. Title 1, Division 20, Chapter 5, Section 1 CSR 20-5.020, as amended effective March 30, 2003.
MontanaTop of Page
Preference for Veterans, Public Employment Law
The law has been amended to provide a public employment preference for eligible former and active members of the Montana army and national guard. Title 39, Chapter 29, Part 1, Section 39-29-101, as amended by H.B. 35, L. 2003, effective Oct. 1, 2003. ¶27-21,750.01.
NebraskaTop of Page
No March 2003 Updates 
NevadaTop of Page
Unemployment Insurance Law
Rate information has been updated  (NV ¶29-1700).
New HampshireTop of Page
No March 2003 Updates 
New JerseyTop of Page
Criminal Background Checks Law
Health care professionals are required to undergo a criminal background check and submit a set of fingerprints as a condition of licensure. This law is not yet codified and reads as enacted by Act. 104 (A.B. 2264), L. 2002, Sections 1 through 4, effective Nov. 22, 2003.  ¶31-23,601.25   through ¶31-23,601.28.

Criminal Background Checks Law
The provision pertaining to criminal background checks of nurse aides, personnel care assistants and homemaker health aides has been amended. Title 53, Chapter 1, Article 2, Section 53:1-20.9a, as amended by Act 104 (A.B. 2264), L. 2002, effective Nov. 22, 2003. ¶31-23,601.65.

Criminal Background Checks Law
The National Crime Prevention and Privacy Act has been codified and the text has been revised to reflect the changes. Title 53, Chapter 1, Article 9, Section 53:1-32, as enacted by Ch. 331 (S.B. 1517), L. 2001, effective Jan. 5, 2002. ¶31-23,601.01

Unemployment Insurance Law
The contribution rate for all governmental entities and instrumentalities electing to pay contributions is established by regulation for each calendar year. The rate for 2003 is 0.4% (NJ ¶31-1700).

Health Benefits Coverage Law
Effective May 9, 2003, employers that provide group health plans will be required to provide 30 days' written notice to employees prior to terminating the plan. The new law specifies administrative penalties for violators (Ch. 27 (A. 1616), L. 2002, at NJ ¶31-4000).

New MexicoTop of Page
Minimum Wage Law
The City of Santa Fe has enacted a living wage ordinance for private sector employees (NM ¶32-1000).
New YorkTop of Page
No March 2003 Updates 
North CarolinaTop of Page
No March 2003 Updates 
North DakotaTop of Page
Wage Payment Law
The law relating to payment of state employees' sick leave upon termination has been amended (S. 2106, L. 2003, at ND ¶35-1200).

Workers' Compensation Law
Penalty provisions for townships have been amended (S. 2309, L. 2003, at ND ¶35-4300).
OhioTop of Page
No March 2003 Updates 
OklahomaTop of Page
Unemployment Insurance Law
The wage base figure for 2003 is $11,700 (OK ¶37-1700).
OregonTop of Page
Criminal Background Checks Rules
Provisions pertaining to criminal background checks of mental health and disabilities agency personnel have been amended to reduce number of situations in which a national fingerprint check is required. Chapter 309, Division 18, Sections 309-018-0120 through 309-018-0180, as adopted and amended effective March 10, 2003, to expire Sept. 5, 2003.   ¶38-23,650.15  through ¶38-23,650.17.

Criminal Background Checks Rules
Public safety officers who are convicted of a crime to notify their agency within 72 hours of the conviction. The agency must notify the Dept. of Public Safety Standards and Training within 5 business days of receiving notification of their employee's conviction. Chapter 259, Division 8, Section 259-008-0010, as amended by DPSST 3-2003, effective Jan. 22, 2003. ¶38-23,653.01.
PennsylvaniaTop of Page
No March 2003 Updates 
Puerto RicoTop of Page
No March 2003 Updates 
Rhode IslandTop of Page
No March 2003 Updates 
South CarolinaTop of Page
Unemployment Insurance Law
Rate information has been updated (SC ¶42-1700).
South DakotaTop of Page
Fair Employment Practices Law
The state has clarified certain restrictions concerning sex discrimination in school district employment (H. 1121, L. 2003, at SD ¶43-2500).

Unemployment Insurance Law
Total contribution rates for 2003 remain the same as 2002. Rates for new construction employers (6.7%) and new nonconstruction employers (1.9%) also remain the
same (SD ¶43-1700).
TennesseeTop of Page
No March 2003 Updates 
TexasTop of Page
Criminal Background Checks Rules
The Department of Public Safety is responsible for recording data and maintaining a database for a computerized criminal history record information system. These rules are at Title 37, Part I, Chapter 27, Subchapter H, Sections 27.101 through 27.106, as adopted effective Feb. 27, 2003. ¶45-23,651.01  through ¶45-23,651.06.
UtahTop of Page
Minimum Wage Law
The Utah Minimum Wage Act has been amended to modify the method an employer uses to calculate wage payments to a tipped employee. The changes take effect May 5, 2003 (H. 219, L. 2003, at UT ¶46-1000).

Unemployment Insurance Law
Weekly benefit amount information has been updated (UT ¶46-1700).
VermontTop of Page
Discrimination Against Military Personnel Law
Topic added. Employers are not to discriminate in employment against an employee or job applicant based on National Guard membership, application, service, or obligation. Nor may an employer discriminate in employment against a person exercising any rights or because of any investigation, testimony, or proceedings involving these provisions or any federal law. Title 21, Chapter 5, Subchapter 5, Section 491 through 493. ¶47-21,150.01  through ¶47-21,150.02.

Unemployment Insurance Law
Rates for the tax rate year beginning July 1, 2002, and until June 30, 2003, are determined under Schedule I (SD ¶47-1700).

VirginiaTop of Page
Military and Emergency Services Leave Law
The state has extended to National Guard members the same benefits that other military personnel receive under the federal Soldiers' and Sailors' Civil Relief Act (S. 910, L. 2002, at VA 48-7200). Additionally, the state has enacted a law allowing state employees who are called to active military duty to carry forward their annual leave time from one year to another on an unlimited basis (H. 1916, L. 2002, at SD ¶48-7200).
WashingtonTop of Page
Recordkeeping / Posters Law
The state's workers' rights posters have been updated (WA ¶49-9900).
West VirginiaTop of Page
Unemployment Insurance Law
Rate information has been updated (WA ¶50-1700).
WisconsinTop of Page
No March 2003 Updates 
WyomingTop of Page
Health Insurance Benefits Coverage Law
The state has enacted a law limiting the use of genetic testing results by group insurers (H. 24, L. 2003, at WY ¶52-4000).

Wage Payment Law
Payroll dates for state employees have been modified, effective July 1, 2003 (Act 53 (H. 224), L. 2003, at WY ¶52-1200).

Fair Employment Practices Law
Effective July 1, 2003, the prohibitions against employment discrimination based on age will apply only to persons at least 40 years of age. Currently, they apply to persons at least 40 but less than 70 years of age (Act 92 (H. 96), L. 2003, at WY ¶52-2500).

Also effective July 1, 2003, the Wyoming Fair Employment Practices Act has been amended with respect to administrative hearing procedures and available remedies (Act 109 (H. 132), L. 2003, at WY ¶52-2500).

Preemployment Inquiries Law
Criminal background check provisions relating to specified substitute care providers certified by the Department of Family Services have been amended (Act 132 (H. 182), L. 2003, at WY ¶52-9000).

Workers' Compensation Law
The workers' compensation law has been amended to exclude certain child care workers from the definition of "employee" (Act 99 (H. 195), L. 2003, at WY ¶52-4300). Additionally, the state has enacted a law creating a voluntary premium deductible program for employers (Act 110 (H. 154), L. 2003, at WY ¶52-4300).

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