2947-S AMH MCMO MADS 2

SHB 2947 - H AMDS 1036 ADOPTED 3-3-98

By Representative McMorris

     On page 1, after line 4, insert the following:

ANEW SECTION.  Sec. 1.  It is the intent of the legislature to clarify requirements related to unemployment compensation for employees at educational institutions.

     The legislature finds that, unless clarified, Washington=s unemployment compensation law may be out of conformity with the federal unemployment tax act, which finding poses a significant economic risk to the state=s private employers and to the administration of the state=s unemployment insurance system.  It is the intent of the legislature, by the 1998 chapter . . .  amendments to RCW 50.44.050 and 50.44. 053 (sections 1 and 2 of this act), to bring Washington=s unemployment compensation law into conformity with federal law in these areas of concern.  

     The legislature finds that some instructional staff at the state=s educational institutions   receive an appointment of employment for an indefinite period while others may face circumstances that do not provide a reasonable expectation of employment during an ensuing academic year or term.

     Therefore, it is the intent of the legislature that the employment security department continue to  make  determinations of educational employees= eligibility for unemployment compensation for the period between academic years or terms based on a finding of reasonable assurance that the employee will have employment for the ensuing academic year or term and that the determination in each employee=s case is made on an individual basis, consistent with federal guidelines.  This determination must take into consideration contingencies that may exist in fact in an individual case.  The 1998 chapter . . . amendment to RCW 50.44.053 (section 2 of this act) is not intended to change the practice used by the employment security department when determining reasonable assurance.   If, during fact-finding, there is a disagreement about whether an individual has reasonable assurance, the educational institution must provide documentation that reasonable assurance exists for that individual.@

     On page 3, after line 15, insert the following:

ANEW SECTION. Sec. 3.  1995 c 296 s 4 (uncodified) is repealed.@

Renumber the remaining sections consecutively, correct any internal references accordingly and correct the title.

EFFECT:  Provides an intent section that:

(1) Recognizes the need to bring the state=s unemployment compensation law into conformity with federal law;

(2)  Recognizes that there are instructional staff at the state=s educational institutions that have less assurance of returning to employment in an ensuing academic year or term than others;

(3)  Declares that the Legislature intends the Employment Security Department to continue handling determinations of eligibility for  unemployment compensation in cases involving a finding of reasonable assurance on a case by case basis consistent with federal guidelines and to consider contingencies that exist in each individual case;

(4)  Further declares that removing reference to contingent agreements is not intended to change the practice of the Employment Security Department when determining reasonable assurance.