5963-S AMH GREE REIN 074

SSB 5963 - H AMD 547

By Representative Green

WITHDRAWN 4/10/2009

On page 23, after line 23, insert the following:

    "Sec. 4.  RCW 50.20.100 and 2006 c 13 s 14 are each amended to read as follows:

    (1) Suitable work for an individual is employment in an occupation in keeping with the individual's prior work experience, education, or training and if the individual has no prior work experience, special education, or training for employment available in the general area, then employment which the individual would have the physical and mental ability to perform.  In determining whether work is suitable for an individual, the commissioner shall also consider the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness, the individual's length of unemployment and prospects for securing local work in the individual's customary occupation, the distance of the available work from the individual's residence, and such other factors as the commissioner may deem pertinent, including state and national emergencies.

    (2) For individuals with base year work experience in agricultural labor, any agricultural labor available from any employer shall be deemed suitable unless it meets conditions in RCW 50.20.110 or the commissioner finds elements of specific work opportunity unsuitable for a particular individual.

    (3) ((For part-time workers as defined in RCW 50.20.119, suitable work includes suitable work under subsection (1) of this section that is for seventeen or fewer hours per week.

    (4))) For individuals who have qualified for unemployment compensation benefits under RCW 50.20.050 (1)(b)(iv) or (2)(b)(iv), as applicable, an evaluation of the suitability of the work must consider the individual's need to address the physical, psychological, legal, and other effects of domestic violence or stalking.

Sec. 5.  RCW 50.20.119 and 2006 c 13 s 15 are each amended to read as follows:

    (1) ((With respect to claims that have an effective date on or after January 2, 2005,)) An otherwise eligible individual may not be denied benefits for any week because the individual is a part-time worker and is available for, seeks, applies for, or accepts only part-time work ((of seventeen or fewer hours per week)) by reason of the application of RCW 50.20.010(1)(c), 50.20.080, or 50.22.020(1) relating to availability for work and active search for work, or failure to apply for or refusal to accept suitable work.

    (2) For purposes of this section, "part-time worker" means an individual who ((:  (a))) earned wages in part-time "employment" in ((at least forty)) a majority of the weeks in the individual's base year ((; and (b) did not earn wages in "employment" in more than seventeen hours per week in any weeks in the individual's base year))."

    Renumber the sections consecutively and correct any internal references accordingly.

    Correct the title.

EFFECT:  Specifies that a part-time worker may not be denied benefits for any week because the individual is available for, seeks, applies for, or accepts only part-time work.  Changes the definition of part-time worker from an individual who did not earn wages in more than 17 hours per week in any weeks to an individual who earned wages in part-time employment in a majority of the weeks in the individual's base year. 

--- END ---