H-1229.2  _______________________________________________

 

                          HOUSE BILL 1901

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representatives Clements, Skinner, G. Chandler, Sump, Mitchell, Esser, Barlean, Dunn, Talcott, Campbell, K. Schmidt, Schoesler, Delvin, McDonald and Mulliken

 

Read first time 02/10/1999.  Referred to Committee on Commerce & Labor.

Allowing wage payments from the general fund for unemployed victims of domestic violence.


    AN ACT Relating to wage payments from the general fund for unemployed victims of domestic violence; adding a new chapter to Title 50 RCW; and making an appropriation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  (1) There is established in the employment security department, the domestic violence compensation program.  The commissioner shall administer the program using the funds appropriated by the legislature for this act.  The expenses incurred by the commissioner in carrying out the provisions of this chapter shall be paid entirely out of the funds appropriated by the legislature for this act.

    (2) To be eligible for benefits under the program, an applicant must:

    (a) Be unemployed as a result of domestic violence and must have been denied benefits under RCW 50.20.050;

    (b) Be otherwise eligible for unemployment insurance benefits but temporarily unable to search for work because the person is seeking safety or relief for the person or the person's immediate family from domestic violence or stalking, as defined in RCW 9A.46.110, and must have been denied benefits under RCW 50.20.010;

    (c) Have been the victim of domestic violence within two years prior to the date of application.  The fact that a person has been a victim of domestic violence must be reasonably established by medical records, court documents, police records, or the records of a certified counselor; and

    (d) Show that the person is:

    (i) Relocated or attempting to relocate due to domestic violence;

    (ii) Obtaining or receiving medical treatment due to domestic violence;

    (iii) Actively pursuing legal protection or remedies to domestic violence; or

    (iv) Participating in counseling or support activities to assist the applicant's return to work.

    (3) For purposes of this section, "domestic violence" means an act as defined in RCW 26.50.010.

 

    NEW SECTION.  Sec. 2.  (1) Except as provided in subsection (3) of this section, and to the extent funds are available, if a person establishes eligibility under section 1(2)(a) of this act, the commissioner shall provide a weekly wage subsidy to the person for a period of up to twelve weeks beginning with the calendar week in which application was made for unemployment insurance benefits.  The weekly wage subsidy will extend for a duration and for an amount equal to the duration and weekly benefit amount the person would have received if benefits had not been denied under chapter 50.20 RCW.

    (2) Except as provided in subsection (3) of this section, if a person establishes eligibility under section 1(2)(b) of this act, the commissioner shall provide a weekly wage subsidy to the person for up to twelve weeks beginning with the calendar week in which unemployment insurance benefits were denied.  The weekly wage subsidy will extend for a duration and for an amount equal to the duration and weekly benefit amount the person was receiving when benefits were denied.

    (3) If the applicant has established all eligibility requirements in section 1 of this act except the requirement of section 1(2)(c) of this act, the commissioner shall provide weekly wage subsidies to the applicant for up to four weeks contingent on the establishment of the requirement.  When an applicant fulfills the eligibility requirement in section 1(2)(c) of this act, the department shall provide the weekly wage subsidy to the person for any remaining weeks the person would have received benefits if benefits had not been denied.

 

    NEW SECTION.  Sec. 3.  (1) The department shall provide information to applicants for weekly wage subsidies regarding local services provided under chapter 70.123 RCW and the availability of orders of protection under chapter 26.50 RCW.

    (2) Weekly wage subsidies are not benefits under this title and issuance of wage subsidies shall not affect an employer's payment contribution determined under chapter 50.24 RCW, or an employer's experience rating determined under chapter 50.29 RCW.

    (3) Information or records concerning an individual receiving or applying for weekly wage subsidy under this program shall be subject to chapter 50.13 RCW and shall not be subject to discovery in any judicial proceeding unless the requirements of RCW 70.123.075 are satisfied.

 

    NEW SECTION.  Sec. 4.  The sum of six hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2000, from the general fund to the employment security department for the purposes of this act.

 

    NEW SECTION.  Sec. 5.  Sections 1 through 3 of this act constitute a new chapter in Title 50 RCW.

 


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