CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6073

 

 

 

 

                        53rd Legislature

                      1994 Regular Session

Passed by the Senate February 26, 1994

  YEAS 47   NAYS 0

 

 

 

President of the Senate

 

Passed by the House February 25, 1994

  YEAS 94   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6073 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

Speaker of the

      House of Representatives

                            Secretary

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


 

          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6073

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1994 Regular Session

 

 

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.

 

Correcting unemployment compensation statutes for base year compensation and defining employment.



    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.  A new section is added to chapter 50.22 RCW to read as follows:

    Supplemental additional benefits shall be available to individuals who, under this chapter, had a balance of extended benefits available after payments up to and including the week ending February 26, 1994.

    (1) Total supplemental additional benefits payable shall be equal to the extended benefit balance remaining after extended benefit payments for up to and including the week ending February 26, 1994, and shall be paid at the same weekly benefit amount.

    (2) The week ending March 5, 1994, is the first week for which supplemental additional benefits are payable.

    (3) Supplemental additional benefits shall be paid under the same terms and conditions as extended benefits.

    (4) Supplemental additional benefits are not payable for weeks more than one year beyond the end of the benefit year of the regular claim.

    (5) Weeks of supplemental additional benefits may not be paid for weeks that begin after the start of a new extended benefit period, or any totally federally funded benefit program with eligibility criteria and benefits comparable to additional benefits.

    (6) Weeks of supplemental additional benefits may not be paid for weeks of unemployment beginning after December 31, 1995.

    (7) The department shall seek federal funding to reimburse the state for the supplemental additional benefits paid under this section.  Any federal funds received by the state for reimbursement shall be deposited in the unemployment trust fund solely for the payment of benefits under this title.

 

    NEW SECTION.  Sec. 4.  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. 5.  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. 6.  (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.

    (3) Section 3 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 immediately.

 


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