SENATE BILL NO. 5636



                                                                            C 092 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Senators Smitherman and Lee; by request of Employment Security Department



Read first time 1/31/89 and referred to Committee on   Economic Development & Labor.



AN ACT Relating to unemployment compensation benefits, claims, recovery, appeals, and confidentiality; amending RCW 50.20.098 and 50.20.190; and adding a new section to chapter 50.13 RCW.




        Sec. 1.  Section 10, chapter 292, Laws of 1977 ex. sess. and RCW 50.20.098 are each amended to read as follows:

          (1) Benefits shall not be paid on the basis of services performed by an alien unless the alien is an individual who has been lawfully admitted for permanent residence, was lawfully present for purposes of performing such services, or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of 8 U.S.C. Sec. 1153(a)(7) or 8 U.S.C. Sec. 1182(d)(5):  PROVIDED, That any modifications to 26 U.S.C. Sec. 3304(a)(14) as provided by PL 94-566 which specify other conditions or other effective date than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law as a condition for full tax credit against the tax imposed by 26 U.S.C. Sec. 3301 shall be deemed applicable under this section.

          (2) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

          (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his or her alien status shall be made except upon a preponderance of the evidence.


        Sec. 2.  Section 87, chapter 35, Laws of 1945 as last amended by section 6, chapter 35, Laws of 1981 and RCW 50.20.190 are each amended to read as follows:

          An individual who is paid any amount as benefits under this title to which he or she is not entitled shall, unless otherwise relieved pursuant to this section, be liable for repayment of the amount overpaid.  The department shall issue an overpayment assessment setting forth the reasons for and the amount of the overpayment.  The amount assessed, to the extent not collected, may be deducted from any future benefits payable to the individual:  PROVIDED, That in the absence of fraud, misrepresentation, or willful nondisclosure, every determination of liability shall be mailed or personally served not later than two years after the close of the individual's benefit year in which the purported overpayment was made unless the merits of the claim are subjected to administrative or judicial review in which event the period for serving the determination of liability shall be extended to allow service of the determination of liability during the six-month period following the final decision affecting the claim.

          The commissioner may waive an overpayment if ((he)) the commissioner finds that said overpayment was not the result of fraud, misrepresentation, willful nondisclosure, or fault attributable to the individual and that the recovery thereof would be against equity and good conscience:  PROVIDED, HOWEVER, That the overpayment so waived shall be charged against the individual's applicable entitlement for the eligibility period containing the weeks to which the overpayment was attributed as though such benefits had been properly paid.

          Any assessment herein provided shall constitute a determination of liability from which an appeal may be had in the same manner and to the same extent as provided for appeals relating to determinations in respect to claims for benefits:  PROVIDED, That an appeal from any determination covering overpayment only((,)) shall be deemed to be an appeal from the determination which was the basis for establishing the overpayment unless the merits involved in the issue set forth in such determination have already been heard and passed upon by the appeal tribunal.  If no such appeal is taken to the appeal tribunal by the individual within ((ten)) thirty days of the delivery of the notice of determination of liability, or within ((ten)) thirty days of the mailing of the notice of determination, whichever is the earlier, said determination of liability shall be deemed conclusive and final.  Whenever any such notice of determination of liability becomes conclusive and final, the commissioner, upon giving at least twenty days notice by certified mail return receipt requested to the individual's last known address of the intended action, may file with the superior court clerk of any county within the state a warrant in the amount of the notice of determination of liability plus a filing fee of five dollars.  The clerk of the county where the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of the person(s) mentioned in the warrant, the amount of the notice of determination of liability, and the date when the warrant was filed.  The amount of the warrant as docketed shall become a lien upon the title to, and any interest in, all real and personal property of the person(s) against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk.  A warrant so docketed shall be sufficient to support the issuance of writs of execution and writs of garnishment in favor of the state in the manner provided by law for a civil judgment.  A copy of the warrant shall be mailed to the person(s) mentioned in the warrant by certified mail to the person's last known address within five days of its filing with the clerk.

          On request of any agency which administers an employment security law of another state, the United States, or a foreign government and which has found in accordance with the provisions of such law that a claimant is liable to repay benefits received under such law ((by reason of having knowingly made a false statement or misrepresentation of a material fact with respect to a claim taken in this state as an agent for such agency)), the commissioner may collect the amount of such benefits from ((such)) the claimant to be refunded to ((such)) the agency.  In any case in which under this section a claimant is liable to repay any amount to the agency of another state, the United States, or a foreign government, such amounts may be collected without interest by civil action in the name of the commissioner acting as agent for such agency if the other state, the United States, or the foreign government extends such collection rights to the employment security department of the state of Washington, and provided that the court costs be paid by the governmental agency benefiting from such collection.


          NEW SECTION.  Sec. 3.  A new section is added to chapter 50.13 RCW to read as follows:

          (1) If information provided to the department by another governmental agency is held private and confidential by state or federal laws, the department may not release such information.

          (2) Information provided to the department by another governmental entity conditioned upon privacy and confidentiality is to be held private and confidential according to the agreement between the department and other governmental agency.

          (3) The department may hold private and confidential information obtained for statistical analysis, research, or study purposes if the information was supplied voluntarily, conditioned upon maintaining confidentiality of the information.

          (4) Persons requesting disclosure of information held by the department under subsection (1) or (2) of this section shall request such disclosure from the agency providing the information to the department rather than from the department.

          (5) This section supersedes any provisions of chapter 42.17 RCW to the contrary.

                                                                                                                           Passed the Senate March 9, 1989.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House April 11, 1989.


                                                                                                                                         Speaker of the House.