AN
ACT Relating to application for initial determination for unemployment
insurance benefits; amending RCW 50.20.140 and 50.24.014; adding new sections
to chapter 50.20 RCW; and creating new sections.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the shift by the employment security department from
in-person written initial applications for unemployment insurance benefits to a
call center approach creates opportunities for improved service but also raises
serious concerns. Eliminating face-to-face contact may increase the potential
for fraud and reduce the probability that claimants will utilize existing
reemployment resources. Therefore, it is the intent of the legislature that if
the written application process is to be eliminated, the employment security
department must ensure that unemployment insurance claimants remain actively
involved in reemployment activities and that an independent evaluation be
conducted of the call center approach to unemployment insurance.
Sec.
2. RCW
50.20.140 and 1951 c 215 s 4 are each amended to read as follows:
An
application for initial determination, a claim for waiting period, or a claim
for benefits shall be filed in accordance with such ((regulations)) rules
as the commissioner may prescribe. An application for an initial determination
may be made by any individual whether unemployed or not. Each employer shall
post and maintain printed statements of such ((regulations)) rules
in places readily accessible to individuals in his or her employment and
shall make available to each such individual at the time he or she
becomes unemployed, a printed statement of such ((regulations)) rules
and such notices, instructions, and other material as the commissioner
may by ((regulation)) rule prescribe. Such printed material
shall be supplied by the commissioner to each employer without cost to ((him))
the employer.
The
term "application for initial determination" shall mean a request in
writing, or by other means as determined by the commissioner, for an
initial determination. The term "claim for waiting period" shall
mean a certification, after the close of a given week, that the requirements
stated herein for eligibility for waiting period have been met. The term
"claim for benefits" shall mean a certification, after the close of a
given week, that the requirements stated herein for eligibility for receipt of
benefits have been met.
A
representative designated by the commissioner shall take the application for
initial determination and for the claim for waiting period credits or for
benefits. When an application for initial determination has been made, the
employment security department shall promptly make an initial determination which
shall be a statement of the applicant's base year wages, his or her
weekly benefit amount, his or her maximum amount of benefits potentially
payable, and his or her benefit year. Such determination shall
fix the general conditions under which waiting period credit shall be granted
and under which benefits shall be paid during any period of unemployment
occurring within the benefit year fixed by such determination.
NEW
SECTION. Sec. 3. A
new section is added to chapter 50.20 RCW to read as follows:
The
employment security department will ensure that within a reasonably short
period of time after the initiation of benefits, all unemployment insurance
claimants, except those with employer attachment, union referral, in commissioner
approved training, or the subject of antiharassment orders, register for job
search in an electronic labor exchange system that supports direct employer
access for the purpose of selecting job applicants.
NEW
SECTION. Sec. 4. A
new section is added to chapter 50.20 RCW to read as follows:
To
ensure that following the initial application for benefits, an individual is
actively engaged in searching for work, effective July 1, 1999, the employment
security department shall implement a job search monitoring program. Except
for those individuals with employer attachment or union referral, and
individuals in commissioner-approved training, an individual who has received
five or more weeks of benefits under this title must provide evidence of
seeking work, as directed by the commissioner or commissioner's agents, for
each week beyond five in which a claim is filed. The evidence must demonstrate
contacts with at least three employers per week or documented in-person job
search activity at the local reemployment center. In developing the
requirements for the job search monitoring program, the commissioner or the
commissioner's agents shall utilize an existing advisory committee having equal
representation of employers and workers.
NEW
SECTION. Sec. 5. (1)
The joint legislative audit and review committee, in consultation with members
of the senate and house of representatives commerce and labor committees and
the unemployment insurance advisory committee, shall conduct an evaluation of
the new call center approach to unemployment insurance. The evaluation shall
review the performance of the call center system, including, but not limited
to, the: (a) Promptness of payments; (b) number and types of errors; (c)
amount and types of fraud; and (d) level of overpayments and underpayments,
compared with the current system.
(2)
The joint legislative audit and review committee is directed to contract with a
private entity consistent with the provisions of chapter 39.29 RCW. The
committee shall consult with the unemployment insurance advisory committee in
the design of the request for proposals from potential contractors and shall
use the advisory committee to evaluate the responses. The joint legislative audit
and review committee shall provide a report on its findings and recommendations
to the appropriate standing committee of the senate and house of
representatives by September 1, 2001.
NEW
SECTION. Sec. 6. The
employment security department is authorized to expend funds provided under RCW
50.24.014(1)(b) for the purposes of the evaluation provided for in section 5 of
this act.
Sec.
7. RCW
50.24.014 and 1994 c 187 s 3 are each amended to read as follows:
(1)(a)
A separate and identifiable account to provide for the financing of special
programs to assist the unemployed is established in the administrative
contingency fund. Contributions to this account shall accrue and become
payable by each employer, except employers as described in RCW 50.44.010 and
50.44.030 who have properly elected to make payments in lieu of contributions,
taxable local government employers as described in RCW 50.44.035, and those
employers who are required to make payments in lieu of contributions, at a
basic rate of two one-hundredths of one percent. The amount of wages subject
to tax shall be determined under RCW 50.24.010.
(b)
For the first calendar quarter of 1994 only, the basic two one-hundredths of
one percent contribution payable under (a) of this subsection shall be
increased by one-hundredth of one percent to a total rate of three
one-hundredths of one percent. The proceeds of this incremental one-hundredth
of one percent shall be used solely for the purposes described in section 22,
chapter 483, Laws of 1993, and for the purposes ((described in RCW 50.40.060))
of conducting an evaluation of the call center approach to unemployment
insurance under section 5 of this act. Any surplus from contributions
payable under this subsection (b) will be deposited in the unemployment
compensation trust fund.
(2)(a)
Contributions under this section shall become due and be paid by each employer
under rules as the commissioner may prescribe, and shall not be deducted, in
whole or in part, from the remuneration of individuals in the employ of the
employer. Any deduction in violation of this section is unlawful.
(b)
In the payment of any contributions under this section, a fractional part of a
cent shall be disregarded unless it amounts to one-half cent or more, in which
case it shall be increased to one cent.
(3)
If the commissioner determines that federal funding has been increased to
provide financing for the services specified in chapter 50.62 RCW, the
commissioner shall direct that collection of contributions under this section
be terminated on the following January 1st.
