SSB 5963 -
By Representative Anderson
NOT CONSIDERED 04/26/2009
On page 25, after line 6 of the amendment, insert the following:
"Sec. 5 RCW 50.22.--- and 2009 c 3 s 4 are each amended to read
as follows:
(1) This section applies to claims with an effective date on or
after April 5, 2009.
(2) Subject to availability of funds, training benefits are
available for an individual who is eligible for or has exhausted
entitlement to unemployment compensation benefits when:
(a) The individual is a dislocated worker as defined in RCW
50.04.075 and, after assessment of the individual's labor market,
occupation, or skills, is determined to need job-related training to
find suitable employment in the individual's labor market. The
assessment of demand for the individual's occupation or skill sets must
be substantially based on declining occupation or skill sets and high-demand occupations identified in local labor market areas by the local
workforce development councils in cooperation with the employment
security department and its labor market information division; or
(b) For claims with an effective date on or after September 7,
2009, the individual:
(i) Earned an average hourly wage in the individual's base year
that is less than one hundred thirty percent of the state minimum wage,
and after assessment, it is determined that the individual's earning
potential will be enhanced through vocational training. The
individual's average hourly wage is calculated by dividing the total
wages paid by the total hours worked in the individual's base year;
(ii) Served in the United States military or the Washington
national guard during the twelve-month period prior to the application
date, was honorably discharged from military service or the Washington
national guard and, after assessment, is determined to need job-related
training to find suitable employment in the individual's labor market;
(iii) Is currently serving in the Washington national guard and,
after assessment, is determined to need job-related training to find
suitable employment in the individual's labor market; or
(iv) Is disabled due to an injury or illness and, after assessment,
is determined to be unable to return to his or her previous occupation
and to need job-related training to find suitable employment in the
individual's labor market.
(3)(a) The individual must develop an individual training program
that is submitted to the commissioner for approval within ninety days
after the individual is notified by the employment security department
of the requirements of this section;
(b) The individual must enter the approved training program ((by
one hundred twenty days after the date of the notification, unless the
employment security department determines that the training is not
available during the one hundred twenty days, in which case the
individual enters training)) as soon as it is available, but not later
than the academic term beginning after the commissioner approves the
individual training plan;
(c) The department may waive the deadlines established under this
subsection for reasons deemed by the commissioner to be good cause.
(4) The individual must be enrolled in training approved under this
section on a full-time basis as determined by the educational
institution, except that less than full-time training may be approved
when the individual has a physical, mental, or emotional disability
that precludes enrollment on a full-time basis.
(5) The individual must make satisfactory progress in the training
as defined by the commissioner and certified by the educational
institution.
(6) An individual is not eligible for training benefits under this
section if he or she:
(a) Is a standby claimant who expects recall to his or her regular
employer; or
(b) Has a definite recall date that is within six months of the
date he or she is laid off.
(7) The following definitions apply throughout this section unless
the context clearly requires otherwise.
(a) "Educational institution" means an institution of higher
education as defined in RCW 28B.10.016 or an educational institution as
defined in RCW 28C.04.410, including equivalent educational
institutions in other states.
(b) "High-demand occupation" means an occupation with a substantial
number of current or projected employment opportunities.
(c) "Training benefits" means additional benefits paid under this
section.
(d) "Training program" means:
(i) An education program determined to be necessary as a
prerequisite to vocational training after counseling at the educational
institution in which the individual enrolls under his or her approved
training program; or
(ii) A vocational training program at an educational institution
that:
(A) Is targeted to training for a high-demand occupation;
(B) Is likely to enhance the individual's marketable skills and
earning power; and
(C) Meets the criteria for performance developed by the workforce
training and education coordinating board for the purpose of
determining those training programs eligible for funding under Title I
of P.L. 105-220.
"Training program" does not include any course of education
primarily intended to meet the requirements of a baccalaureate or
higher degree, unless the training meets specific requirements for
certification, licensing, or for specific skills necessary for the
occupation.
(8) Benefits shall be paid as follows:
(a) The total training benefit amount shall be fifty-two times the
individual's weekly benefit amount, reduced by the total amount of
regular benefits and extended benefits paid, or deemed paid, with
respect to the benefit year.
(b) The weekly benefit amount shall be the same as the regular
weekly amount payable during the applicable benefit year and shall be
paid under the same terms and conditions as regular benefits.
(c) Training benefits shall be paid before any extended benefits
but not before any similar federally funded program.
(d) Training benefits are not payable for weeks more than two years
beyond the end of the benefit year of the regular claim.
(9) The requirement under RCW 50.22.010(10) relating to exhausting
regular benefits does not apply to an individual otherwise eligible for
training benefits under this section when the individual's benefit year
ends before his or her training benefits are exhausted and the
individual is eligible for a new benefit year. These individuals will
have the option of remaining on the original claim or filing a new
claim.
(10) Individuals who receive training benefits under RCW 50.22.150
or this section are not eligible for training benefits under this
section for five years from the last receipt of training benefits.
(11) An individual eligible to receive a trade readjustment
allowance under chapter 2, Title II of the trade act of 1974, as
amended, shall not be eligible to receive benefits under this section
for each week the individual receives such trade readjustment
allowance.
(12) An individual eligible to receive emergency unemployment
compensation under any federal law shall not be eligible to receive
benefits under this section for each week the individual receives such
compensation.
(13) All base year employers are interested parties to the approval
of training and the granting of training benefits.
(14) Each local workforce development council, in cooperation with
the employment security department and its labor market information
division, must identify occupations and skill sets that are declining
and high-demand occupations and skill sets. Each local workforce
development council shall update this information annually or more
frequently if needed.
(15) The commissioner shall adopt rules as necessary to implement
this section.
Sec. 6 RCW 43.185.050 and 2006 c 371 s 236 are each amended to
read as follows:
(1) The department shall use moneys from the housing trust fund and
other legislative appropriations to finance in whole or in part any
loans or grant projects that will provide housing for persons and
families with special housing needs and with incomes at or below fifty
percent of the median family income for the county or standard
metropolitan statistical area where the project is located. At least
thirty percent of these moneys used in any given funding cycle shall be
for the benefit of projects located in rural areas of the state as
defined by the department. If the department determines that it has
not received an adequate number of suitable applications for rural
projects during any given funding cycle, the department may allocate
unused moneys for projects in nonrural areas of the state.
(2) Activities eligible for assistance from the housing trust fund
and other legislative appropriations include, but are not limited to:
(a) New construction, rehabilitation, or acquisition of low and
very low-income housing units;
(b) Rent subsidies, including rent subsidy programs that give
preference to individuals receiving unemployment benefits under Title
50 RCW, who earned wages in employment in not less than one thousand
three hundred hours of each of the past three calendar years, and whose
income is less than two hundred percent of the federal poverty level as
adjusted for family size and determined annually by the federal
department of health and human services;
(c) Matching funds for social services directly related to
providing housing for special-need tenants in assisted projects;
(d) Technical assistance, design and finance services and
consultation, and administrative costs for eligible nonprofit community
or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups or
organizations when such grant or loan will substantially increase the
recipient's access to housing funds other than those available under
this chapter;
(f) Shelters and related services for the homeless, including
emergency shelters and overnight youth shelters;
(g) Mortgage subsidies, including temporary rental and mortgage
payment subsidies to prevent homelessness, and mortgage subsidy
programs that give preference to individuals receiving unemployment
benefits under Title 50 RCW, who earned wages in employment in not less
than one thousand three hundred hours of each of the past three
calendar years, and whose income is less than two hundred percent of
the federal poverty level as adjusted for family size and determined
annually by the federal department of health and human services;
(h) Mortgage insurance guarantee or payments for eligible projects;
(i) Down payment or closing cost assistance for eligible first-time
home buyers;
(j) Acquisition of housing units for the purpose of preservation as
low-income or very low-income housing;
(k) Projects making housing more accessible to families with
members who have disabilities; and
(l) During the 2005-2007 fiscal biennium, a manufactured/mobile
home landlord-tenant ombudsman conflict resolution and park
registration program.
(3) During the 2005-2007 fiscal biennium, revenues generated under
RCW 36.22.178 may be used for the development of affordable housing
projects and other activities funded in section 108, chapter 371, Laws
of 2006.
(4) Legislative appropriations from capital bond proceeds may be
used only for the costs of projects authorized under subsection (2)(a),
(i), and (j) of this section, and not for the administrative costs of
the department.
(5) Moneys from repayment of loans from appropriations from capital
bond proceeds may be used for all activities necessary for the proper
functioning of the housing assistance program except for activities
authorized under subsection (2)(b) and (c) of this section.
(6) Administrative costs of the department shall not exceed five
percent of the annual funds available for the housing assistance
program.
Sec. 7 RCW 43.185A.030 and 2005 c 518 s 1803 and 2005 c 219 s 3
are each reenacted and amended to read as follows:
(1) Using moneys specifically appropriated for such purpose, the
department shall finance in whole or in part projects that will provide
housing for low-income households.
(2) Activities eligible for assistance include, but are not limited
to:
(a) New construction, rehabilitation, or acquisition of housing for
low-income households;
(b) Rent subsidies in new construction or rehabilitated multifamily
units, including rent subsidy programs that give preference to
individuals receiving unemployment benefits under Title 50 RCW, who
earned wages in employment in not less than one thousand three hundred
hours of each of the past three calendar years, and whose income is
less than two hundred percent of the federal poverty level as adjusted
for family size and determined annually by the federal department of
health and human services;
(c) Down payment or closing costs assistance for first-time home
buyers;
(d) Mortgage subsidies for new construction or rehabilitation of
eligible multifamily units, including mortgage subsidy programs that
give preference to individuals receiving unemployment benefits under
Title 50 RCW, who earned wages in employment in not less than one
thousand three hundred hours of each of the past three calendar years,
and whose income is less than two hundred percent of the federal
poverty level as adjusted for family size and determined annually by
the federal department of health and human services; and
(e) Mortgage insurance guarantee or payments for eligible projects.
(3) Legislative appropriations from capital bond proceeds may be
used only for the costs of projects authorized under subsection (2)
(a), (c), (d), and (e) of this section, and not for the administrative
costs of the department.
(4) Moneys from repayment of loans from appropriations from capital
bond proceeds may be used for all activities necessary for the proper
functioning of the affordable housing program except for activities
authorized under subsection (2)(b) of this section.
(5) Administrative costs of the department shall not exceed five
percent of the annual funds available for the affordable housing
program."
Renumber the remaining sections consecutively and correct any internal references accordingly.
Correct the title.
EFFECT: Modifies deadlines for participation in the training
benefits. Individuals must enter training programs as soon as they are
available, but not later than the academic term beginning after their
program is approved (instead of within 90 days).
Specifies that, under the Housing Assistance Account and the
Affordable Housing Program, eligible rent subsidy and mortgage
assistance programs include ones that give preference to individuals
receiving unemployment benefits who worked 1,300 hours in each of the
past 3 years, and whose income is less than 200 percent of the federal
poverty level.