BILL REQ. #: H-4050.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/19/2004. Referred to Committee on Commerce & Labor.
AN ACT Relating to self-employment assistance; and adding a new chapter to Title 50 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 Under federal law, the legislature may
establish a self-employment assistance program as part of its
unemployment insurance program. The legislature finds that the
establishment of a self-employment assistance program would assist
unemployed individuals and create new businesses and job opportunities
in Washington state and, therefore, establishes such a program.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Allowance" means a self-employment assistance allowance
payable in lieu of regular benefits and from the unemployment
compensation fund established under RCW 50.16.010 to an individual
participating in self-employment assistance activities who meets the
requirements of this chapter.
(2) "Regular benefits" has the meaning provided in RCW 50.22.010.
(3) "Self-employment assistance activities" means activities
approved by the commissioner in which an individual who is identified
as likely to exhaust regular benefits participates for the purpose of
establishing a business and becoming self-employed. Such activities
shall include, but are not limited to, entrepreneurial training,
business counseling, and technical assistance. Sources of such
activities shall include, but are not limited to, community and
technical colleges and other educational institutions, local economic
development councils, and nonprofit microlending programs.
NEW SECTION. Sec. 3 The weekly allowance payable under this
chapter to an individual is equal to the weekly benefit amount for
regular benefits otherwise payable under RCW 50.20.120. The sum of
allowances paid under this chapter and regular benefits paid under this
title, with respect to any benefit year, shall not exceed the maximum
benefit amount under RCW 50.20.120 with respect to that benefit year.
NEW SECTION. Sec. 4 The allowance described in this chapter is
payable to an individual at the same intervals, on the same terms, and
subject to the same conditions as regular benefits under this title,
except that:
(1) The requirements of RCW 50.20.010 and 50.20.080 relating to
availability for work, active search for work, and refusal to accept
work are not applicable to the individual;
(2) The requirements of RCW 50.20.130 relating to deductions from
weekly benefit amounts are not applicable to income earned from
self-employment by the individual;
(3) An individual who meets the requirements of this chapter is
considered to be unemployed under RCW 50.04.310 and 50.20.010; and
(4) An individual who fails to participate in self-employment
assistance activities or who fails to actively engage on a full-time
basis in activities, which may include training, relating to the
establishment of a business and becoming self-employed shall be
disqualified for the week the failure occurs.
NEW SECTION. Sec. 5 The aggregate number of individuals
receiving the allowance under this chapter at any time may not exceed
five percent of the number of individuals receiving regular benefits.
NEW SECTION. Sec. 6 Allowances paid under this chapter are
charged to employers in the same manner as regular benefits as provided
under chapter 50.29 RCW.
NEW SECTION. Sec. 7 This chapter applies after the effective
date of this act or after any plan required by the United States
department of labor is approved by the United States department of
labor, whichever date is later.
NEW SECTION. Sec. 8 The commissioner may adopt rules as
necessary to implement this chapter.
NEW SECTION. Sec. 9 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. 10 Sections 1 through 9 of this act constitute
a new chapter in Title