Passed by the Senate February 11, 2012 YEAS 48   ________________________________________ President of the Senate Passed by the House February 27, 2012 YEAS 65   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6289 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/17/12. Referred to Committee on Economic Development, Trade & Innovation.
AN ACT Relating to facilitating self-employment training; amending RCW 50.20.250 and 50.62.030; amending 2007 c 248 s 3 (uncodified); and repealing 2007 c 248 s 6 (uncodified).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 2007 c 248 s 6 (uncodified) is repealed.
Sec. 2 RCW 50.20.250 and 2007 c 248 s 1 are each amended to read
as follows:
(1) 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.
The department ((shall)) must inform all individuals eligible under the
terms of RCW 50.20.010 of the availability of self-employment
assistance and entrepreneurial training programs and of the training
provisions of RCW 50.20.043 which would allow them to pursue
commissioner approved training. In addition, when individuals are
identified as likely to exhaust benefits under RCW 50.20.011, and when
individuals are otherwise eligible for commissioner-approved training
under RCW 50.20.043, the department must inform such individuals
((identified as likely to exhaust regular unemployment benefits)) of
the opportunity to enroll in commissioner-approved self-employment
assistance programs.
(2) An unemployed individual is eligible to participate in a
self-employment assistance program if it has been determined that he or
she:
(a) Is otherwise eligible for regular benefits as defined in RCW
50.22.010;
(b) Has been identified as likely to exhaust regular unemployment
benefits under a profiling system established by the commissioner as
defined in P.L. 103-152 or is otherwise eligible for commissioner-approved training under RCW 50.20.043; and
(c) Is enrolled in a self-employment assistance program that is
approved by the commissioner, and includes entrepreneurial training,
business counseling, technical assistance, and requirements to engage
in activities relating to the establishment of a business and becoming
self-employed.
(3) Individuals participating in a self-employment assistance
program approved by the commissioner are eligible to receive their
regular unemployment benefits.
(a) The requirements of RCW 50.20.010 and 50.20.080 relating to
availability for work, active search for work, and refusal to accept
suitable work are not applicable to an individual in the
self-employment assistance program for the first fifty-two weeks of the
individual's participation in the program. However, enrollment in a
self-employment assistance program does not entitle the enrollee to any
benefit payments he or she would not be entitled to had he or she not
enrolled in the program.
(b) An individual who meets the requirements of this section is
considered to be "unemployed" under RCW 50.04.310 and 50.20.010.
(4) An individual who fails to participate in his or her approved
self-employment assistance program as prescribed by the commissioner is
disqualified from continuation in the program.
(5) ((An individual completing the program may not directly compete
with his or her separating employer for a specific time period and in
a specific geographic area. The time period may not, in any case,
exceed one year. Both the time period and the geographic area must be
reasonable, considering the following factors:)) The commissioner ((
(a) Whether restraining the individual from performing services is
necessary for the protection of the employer or the employer's
goodwill;
(b) Whether the agreement harms the individual more than is
reasonably necessary to secure the employer's business or goodwill; and
(c) Whether the loss of the employee's services and skills injures
the public to a degree warranting nonenforcement of the agreement.
(6)shall)) must take all steps necessary in
carrying out this section to assure collaborative involvement of
interested parties in program development, and to ensure that the
self-employment assistance programs meet all federal criteria for
withdrawal from the unemployment fund. The commissioner may approve,
as self-employment assistance programs, existing self-employment
training programs available through community colleges, workforce
investment boards, or other organizations and is not obligated by this
section to expend any departmental funds for the operation of
self-employment assistance programs, unless specific funding is
provided to the department for that purpose through federal or state
appropriations.
(((7))) (6) The commissioner may adopt rules as necessary to
implement this section.
Sec. 3 2007 c 248 s 3 (uncodified) is amended to read as follows:
By December 1, ((2011)) 2015, the employment security department
((shall)) must report to ((the house of representatives commerce and
labor committee and the senate labor, commerce, research and
development committee)) relevant legislative committees on the
performance of the self-employment assistance program. The report
((shall)) must include an analysis of the following:
(1) Self-employment impacts;
(2) Wage and salary outcomes;
(3) Benefit payment outcomes; and
(4) A cost-benefit analysis.
Sec. 4 RCW 50.62.030 and 1995 c 135 s 4 are each amended to read
as follows:
(1) Job service resources ((shall)) must be used to assist with the
reemployment of unemployed workers using the most efficient and
effective means of service delivery. The job service program of the
employment security department may undertake any program or activity
for which funds are available and which furthers the goals of this
chapter. These programs and activities ((shall)) must include, but are
not limited to:
(((1))) (a) Giving older unemployed workers and the long-term
unemployed the highest priority for all services made available under
this section. The employment security department ((shall)) must make
the services provided under this chapter available to the older
unemployed workers and the long-term unemployed as soon as they
register under the employment assistance program;
(((2))) (b) Supplementing basic employment services, with special
job search and claimant placement assistance designed to assist
unemployment insurance claimants to obtain employment;
(((3))) (c) Providing employment services, such as recruitment,
screening, and referral of qualified workers, to agricultural areas
where these services have in the past contributed to positive economic
conditions for the agricultural industry; and
(((4))) (d) Providing otherwise unobtainable information and
analysis to the legislature and program managers about issues related
to employment and unemployment.
(2) Individuals who are eligible for services under the federal
workforce investment act, P.L. 105-220 or its successor must be
provided the opportunity to enroll in self-employment assistance or
entrepreneurial training programs to prepare them for self-employment
on the same basis as they are provided the opportunity to enroll in
other training programs funded under the federal workforce investment
act. The department must work with local workforce development
councils to ensure that the contracting process with training providers
is efficient and that the number of entrepreneurial training providers
on the state's eligible training provider list is sufficient to meet
demand. Each local workforce development council must:
(a) Notify all individuals eligible for services under the
workforce investment act of the availability of self-employment
assistance and entrepreneurial training; and
(b) Establish and implement a plan for expending workforce
investment act funds on self-employment assistance and entrepreneurial
training at a rate that is commensurate with either the demand for such
services or the rate of self-employment within the council's workforce
development area.