AN ACT Relating to
unemployment insurance claimant profiling; amending RCW 50.20.010 and
50.20.043; adding a new section to chapter 50.20 RCW; creating new sections;
and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 50.20.010 and 1981 c
35 s 3 are each amended to read as follows:
An unemployed
individual shall be eligible to receive waiting period credits or benefits with
respect to any week in his or her eligibility period only if the commissioner
finds that:
(1) He or she has
registered for work at, and thereafter has continued to report at, an
employment office in accordance with such regulation as the commissioner may
prescribe, except that the commissioner may by regulation waive or alter either
or both of the requirements of this subdivision as to individuals attached to
regular jobs and as to such other types of cases or situations with respect to
which ((he or she)) the commissioner finds that the compliance
with such requirements would be oppressive, or would be inconsistent with the
purposes of this title;
(2) He or she has filed
an application for an initial determination and made a claim for waiting period
credit or for benefits in accordance with the provisions of this title;
(3) He or she is able
to work, and is available for work in any trade, occupation, profession, or
business for which he or she is reasonably fitted. To be available for work an
individual must be ready, able, and willing, immediately to accept any suitable
work which may be offered to him or her and must be actively seeking
work pursuant to customary trade practices and through other methods when so
directed by the commissioner or ((his)) the commissioner's
agents;
(4) He or she has been
unemployed for a waiting period of one week; ((and))
(5) He or she participates
in reemployment services if the individual has been referred to reemployment
services pursuant to the profiling system established by the commissioner under
section 2 of this act, unless the commissioner determines that:
(a) The individual
has completed such services; or
(b) There is
justifiable cause for the claimant's failure to participate in such services;
and
(6) As to weeks
beginning after March 31, 1981, which fall within an extended benefit period as
defined in RCW 50.22.010(((1), as now or hereafter amended)), the
individual meets the terms and conditions of RCW 50.22.020((, as now or
hereafter amended,)) with respect to benefits claimed in excess of
twenty-six times the individual's weekly benefit amount.
An individual's eligibility
period for regular benefits shall be coincident to his or her established
benefit year. An individual's eligibility period for additional or extended
benefits shall be the periods prescribed elsewhere in this title for such
benefits.
NEW SECTION. Sec.
2. A new section is added
to chapter 50.20 RCW to read as follows:
(1) The commissioner
shall establish and use a profiling system for new claimants for regular
compensation under this title that identifies permanently separated workers who
are likely to exhaust regular compensation and will need job search assistance
services to make a successful transition to new employment. The profiling
system shall use a combination of individual characteristics and labor market
information to assign each individual a unique probability of benefit
exhaustion. Individuals identified as likely to exhaust benefits shall be
referred to reemployment services, such as job search assistance services, to
the extent such services are available at public expense.
(2) The profiling
system shall include collection and review of follow-up information relating to
the services received by individuals under this section and the employment
outcomes for the individuals following receipt of the services. The
information shall be used in making profiling identifications.
(3) In carrying out
reviews of individuals receiving services, the department may contract with
public or private entities and may disclose information or records necessary to
permit contracting entities to assist in the operation and management of
department functions. Any information or records disclosed to public or
private entities shall be used solely for the purposes for which the
information was disclosed and the entity shall be bound by the same rules of
privacy and confidentiality as department employees. The misuse or
unauthorized disclosure of information or records deemed private and
confidential under chapter 50.13 RCW by any person or organization to which access
is permitted by this section shall subject the person or organization to a
civil penalty of five thousand dollars and other applicable sanctions under
state and federal law. Suit to enforce this section shall be brought by the
attorney general and the amount of any penalties collected shall be paid into
the employment security department administrative contingency fund. The
attorney general may recover reasonable attorneys' fees for any action brought
to enforce this section.The text of the following section
has been vetoed by the Governor. It is noted in bold italic.
*Sec. 3. RCW 50.20.043 and
1985 c 40 s 1 are each amended to read as follows:
(1) No
otherwise eligible individual shall be denied benefits for any week because the
individual is in training with the approval of the commissioner, nor shall such
individual be denied benefits with respect to any week in which the individual
is satisfactorily progressing in a training program with the approval of the
commissioner by reason of the application of RCW 50.20.010(3), 50.20.015,
50.20.080, or 50.22.020(1) relating to availability for work and active search
for work, or failure to apply for or refusal to accept suitable work.
(2) An
individual shall be considered to be in training with the approval of the
commissioner if the individual is one who:
(a)(i) The
commissioner determines to be a dislocated worker as defined by RCW 50.04.075;
or
(ii) Fits the
department's profile of unemployed workers who are likely to exhaust their
benefits; and ((who))
(b) Is
satisfactorily progressing in a training program approved by the commissioner
((shall be considered to be in training with the approval of the
commissioner)).
(3)
At the time of filing for an initial determination, individuals determined to
be dislocated workers as defined in RCW 50.04.075 or who fit the department's
profile of unemployed workers who are likely to exhaust their benefits shall be
provided with information concerning the opportunity, if the individual is
otherwise eligible, to receive benefits while satisfactorily progressing in
training approved by the commissioner.
*Sec. 3
was vetoed. See message at end of chapter.
NEW SECTION. Sec.
4. The commissioner may
adopt rules as necessary to implement the 1995 c ... ss 1 and 3 (sections 1 and
3 of this act) amendments to RCW 50.20.010 and 50.20.043 and section 2 of this
act, including but not limited to definitions, eligibility standards, program
review criteria and procedures, and provisions necessary to comply with
applicable federal laws and regulations that are a condition to 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 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.
6. 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.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 3, Engrossed Senate Bill No. 5770
entitled:
"AN ACT Relating to unemployment insurance claimant
profiling;"
Engrossed Senate Bill No. 5770 provides the
Department of Employment Security the authority to implement a federally
mandated worker profiling system to identify long-term unemployed individuals
and to refer them to re-employment services.
Section 3 of the bill contains language
restricting training to certain classes of workers. According to the Attorney
General, this change puts at risk the current training of some workers. This
consequence was unforeseen and unintended when the bill was passed.
Section 3 also instructs the department to
inform eligible individuals that they may receive benefits while they
satisfactorily progress in training that has been approved by the commissioner
of the department. This is a positive change. I will, by separate instrument,
direct the department to comply with this provision.
For these reasons, I am vetoing section 3 of
Engrossed Senate Bill No. 5770.
With the exception of
section 3, Engrossed Senate Bill No. 5770 is approved."
