S-4741.1 _______________________________________________
SUBSTITUTE SENATE BILL 6073
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Labor & Commerce (originally sponsored by Senators Prentice, Newhouse and Vognild; by request of Employment Security Department)
Read first time 02/04/94.
AN ACT Relating to unemployment compensation; amending RCW 50.04.020 and 50.04.223; creating a new section; providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 50.04.020 and 1987 c 278 s 1 are each amended to read as follows:
"Base year" with respect to each individual, shall mean either the first four of the last five completed calendar quarters or the last four completed calendar quarters immediately preceding the first day of the individual's benefit year.
For the purposes of establishing a benefit year, the department shall initially use the first four of the last five completed calendar quarters as the base year. If a benefit year is not established using the first four of the last five calendar quarters as the base year, the department shall use the last four completed calendar quarters as the base year.
Computations using the last four completed
calendar quarters shall be based on available wage items processed as of the
close of business on the day preceding the date of application. ((Wage
items not processed at the time of application shall become available to the
claim as they are added to department systems. The department shall not be
required to make employer contacts or take other actions that would not be
applicable to claims based on the first four of the last five completed
calendar quarters.)) The department shall promptly contact employers to
request assistance in obtaining wage information for the last completed
calendar quarter if it has not been reported at the time of initial
application.
Sec. 2. RCW 50.04.223 and 1993 c 167 s 1 are each amended to read as follows:
The term "employment" does not include services performed by a massage practitioner licensed under chapter 18.108 RCW in a massage business if the use of the business facilities is contingent upon compensation to the owner of the business facilities and the person receives no compensation from the owner for the services performed.
This exemption does not include services performed by a massage practitioner for an employer under chapter 50.44 RCW.
NEW SECTION. Sec. 3. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 5. (1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 3, 1994.
(2) Section 2 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect April 1, 1994.
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