BILL REQ. #:  H-0904.1 

Read first time 01/21/2005.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to the applicability of job search requirements to federal disaster assistance employees; and amending RCW 50.20.230 and 50.20.240.

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

Sec. 1   RCW 50.20.230 and 1998 c 161 s 3 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, 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.
     (2) The requirement that claimants register for job search in subsection (1) of this section does not apply to:
     (a) Individuals with employer attachment or union referral;
     (b) Individuals who are the subject of antiharassment orders;
     (c) Individuals in commissioner-approved training; and
     (d) Individuals who are separated from employment as disaster assistance employees of the federal emergency management agency.

Sec. 2   RCW 50.20.240 and 2004 c 110 s 1 are each amended to read as follows:
     (1)(a) To ensure that following the initial application for benefits, an individual is actively engaged in searching for work, the employment security department shall implement a job search monitoring program. Effective January 4, 2004, the department shall contract with employment security agencies in other states to ensure that individuals residing in those states and receiving benefits under this title are actively engaged in searching for work in accordance with the requirements of this section. The department may use interactive voice technology and other electronic means to ensure that individuals are subject to comparable job search monitoring, regardless of whether they reside in Washington or elsewhere.
     (b) Except for ((those)) individuals with employer attachment or union referral, individuals who qualify for unemployment compensation under RCW 50.20.050 (1)(b)(iv) or (2)(b)(iv), as applicable, ((and)) individuals in commissioner-approved training, and individuals who are separated from employment as disaster assistance employees of the federal emergency management agency, an individual who has received five or more weeks of benefits under this title, regardless of whether the individual resides in Washington or elsewhere, must provide evidence of seeking work, as directed by the commissioner or the commissioner's agents, for each week beyond five in which a claim is filed. With regard to claims with an effective date before January 4, 2004, the evidence must demonstrate contacts with at least three employers per week or documented in-person job search activity at the local reemployment center. With regard to claims with an effective date on or after January 4, 2004, the evidence must demonstrate contacts with at least three employers per week or documented in-person job search activities at the local reemployment center at least three times per week.
     (c) 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.
     (2) Effective January 4, 2004, an individual who fails to comply fully with the requirements for actively seeking work under RCW 50.20.010 shall lose all benefits for all weeks during which the individual was not in compliance, and the individual shall be liable for repayment of all such benefits under RCW 50.20.190.