1248 AMH CLEM REIN 1
HB 1248 - H AMD 0152 Failed 2-16-02
By Representative Clements
On page 2, line 27, after "9A.46.110" insert the following:
", and the claimant or the family member filed a police report or obtained a restraining order against the perpetrator within two years before the date on which the claimant applied for benefits"
On page 7, after line 12, insert the following:
"NEW SECTION. Sec. 5. A new section is added to chapter 50.24 RCW to read as follows:
(1) For the purposes of this section:
(a) AIndividual benefits@ means benefits paid to individuals who are not considered to have left work voluntarily without good cause under RCW 50.20.050(2)(d).
(b) AIndividual contributions@ means the money payments due to the state unemployment compensation fund as provided under this section.
(2) Beginning on January 1, 2004, individual contributions to the state unemployment compensation fund shall accrue and become payable by each employer in accordance with such rules as the commissioner may adopt.
(3) Beginning on September 30, 2003, and continuing on September 30 of each year thereafter, the commissioner shall determine the rate of individual contributions. The individual contribution rate shall be the lowest rate necessary to collect a total amount of individual contributions in the next rate year equal to the total amount of individual benefits paid in the last completed state fiscal year.
(4) The commissioner shall determine the amount of wages subject to the individual contribution rate under RCW 50.24.010.
(5) An employer may deduct individual contributions, in whole or in part, from the remuneration of individuals in employment of the employer.
(6) In the payment of any individual contributions, 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.
(7) This section does not apply to: (a) Employers who are required to make payments in lieu of contributions; (b) employers described in RCW 50.44.010, 50.44.030, and 50.50.030 who have properly elected to make payments in lieu of contributions; and (c) taxable local government employers described in RCW 50.44.035.
Sec. 6. RCW 50.04.072 and 1985 ex.s. c 5 s 5 are each amended to read as follows:
The terms "contributions," "individual contributions," and "payments in lieu of contributions" used in this title, whether singular or plural, designate the money payments to be made to the state unemployment compensation fund, to the federal interest payment fund under RCW 50.16.070, or to the special account in the administrative contingency fund under RCW 50.24.014 and are deemed to be taxes due to the state of Washington.
Sec. 7. RCW 50.16.010 and 1993 c 483 s 7 and 1993 c 226 s 10 are each reenacted and amended to read as follows:
There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable.
The unemployment compensation fund shall consist of
(1) all contributions, individual contributions, and payments in lieu of contributions collected pursuant to the provisions of this title,
(2) any property or securities acquired through the use of moneys belonging to the fund,
(3) all earnings of such property or securities,
(4) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,
(5) all money recovered on official bonds for losses sustained by the fund,
(6) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,
(7) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708‑712; 26 U.S.C. Sec. 3304), and
(8) all moneys received for the fund from any other source.
All moneys in the unemployment compensation fund shall be commingled and undivided.
The administrative contingency fund shall consist of all interest on delinquent contributions collected pursuant to this title, all fines and penalties collected pursuant to the provisions of this title, all sums recovered on official bonds for losses sustained by the fund, and revenue received under RCW 50.24.014: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
Moneys available in the administrative contingency fund, other than money in the special account created under RCW 50.24.014, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:
(a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.
(b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.
(c) The proper administration of this title for which compliance and audit issues have been identified that establish federal claims requiring the expenditure of state resources in resolution. Claims must be resolved in the following priority: First priority is to provide services to eligible participants within the state; second priority is to provide substitute services or program support; and last priority is the direct payment of funds to the federal government.
Money in the special account created under RCW 50.24.014 may only be expended, after appropriation, for the purposes specified in RCW 50.62.010, 50.62.020, 50.62.030, 50.04.070, 50.04.072, 50.16.010, 50.29.025, 50.24.014, 50.44.053, and 50.22.010.
NEW SECTION. Sec. 8. 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 inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must 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. 9. 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. 10. This act applies to claims that are effective on or after June 30, 2002."
Correct the title.
EFFECT:
P
Modifies proposed eligibility requirements for individuals whose separations from employment were related to domestic violence or stalking. Such individuals also must have filed police reports or obtained restraining orders within two years of applying for benefits.
PDefines "individual benefits" as benefits that are paid to such individuals.
PRequires employers to pay "individual contributions" to the Unemployment Insurance Trust Fund, and permits employers to deduct "individual contributions" from employee wages.
PDirects the Commissioner of the Employment Security Department to set the rate of individual contributions at the lowest rate necessary to collect a total amount of individual contributions in the next rate (calendar) year equal to the total amount of individual benefits paid in the last completed fiscal year.
PMakes the act applicable to claims effective on or after
June 30, 2002.