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SUBSTITUTE
HOUSE BILL 1289
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Passed
Legislature - 1999 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 02/26/1999.
Limiting the use of moneys credited to the state's account
in the unemployment trust fund.
AN
ACT Relating to conforming unemployment compensation statutes with federal law;
amending RCW 50.16.030; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
50.16.030 and 1983 1st ex.s. c 7 s 1 are each amended to read as follows:
(1)
Moneys shall be requisitioned from this state's account in the unemployment
trust fund solely for the payment of benefits and repayment of loans from the
federal government to guarantee solvency of the unemployment compensation fund
in accordance with regulations prescribed by the commissioner, except that
money credited to this state's account pursuant to section 903 of the social
security act, as amended, shall be used exclusively as provided in RCW
50.16.030(5). The commissioner shall from time to time requisition from the
unemployment trust fund such amounts, not exceeding the amounts standing to its
account therein, as he or she deems necessary for the payment of
benefits for a reasonable future period. Upon receipt thereof the treasurer
shall deposit such moneys in the benefit account and shall issue his or her
warrants for the payment of benefits solely from such benefits account.
(2)
Expenditures of such moneys in the benefit account and refunds from the
clearing account shall not be subject to any provisions of law requiring
specific appropriations or other formal release by state officers of money in
their custody, and RCW 43.01.050, as amended, shall not apply. All warrants
issued by the treasurer for the payment of benefits and refunds shall bear the
signature of the treasurer and the countersignature of the commissioner, or his
or her duly authorized agent for that purpose.
(3)
Any balance of moneys requisitioned from the unemployment trust fund which
remains unclaimed or unpaid in the benefit account after the expiration of the
period for which sums were requisitioned shall either be deducted from
estimates for, and may be utilized for the payment of, benefits during
succeeding periods, or in the discretion of the commissioner, shall be
redeposited with the secretary of the treasury of the United States of America
to the credit of this state's account in the unemployment trust fund.
(4)
Money credited to the account of this state in the unemployment trust fund by
the secretary of the treasury of the United States of America pursuant to
section 903 of the social security act, as amended, may be requisitioned and
used for the payment of expenses incurred for the administration of this title
pursuant to a specific appropriation by the legislature, provided that the
expenses are incurred and the money is requisitioned after the enactment of an
appropriation law which:
(a)
Specifies the purposes for which such money is appropriated and the
amounts appropriated therefor((,));
(b)
Limits the period within which such money may be obligated to a period
ending not more than two years after the date of the enactment of the
appropriation law((,)); and
(c)
Limits the amount which may be obligated during a twelve-month period
beginning on July 1st and ending on the next June 30th to an amount which does
not exceed the amount by which (i) the aggregate of the amounts credited to the
account of this state pursuant to section 903 of the social security act, as
amended, during the same twelve-month period and the thirty-four preceding
twelve-month periods, exceeds (ii) the aggregate of the amounts obligated
pursuant to RCW 50.16.030 (4), (5) and (6) and charged against the amounts
credited to the account of this state during any of such thirty-five
twelve-month periods. For the purposes of RCW 50.16.030 (4), (5) and (6),
amounts obligated during any such twelve-month period shall be charged against
equivalent amounts which were first credited and which are not already so
charged; except that no amount obligated for administration during any such
twelve-month period may be charged against any amount credited during such a
twelve-month period earlier than the thirty-fourth twelve-month period
preceding such period: PROVIDED, That any amount credited to this state's
account under section 903 of the social security act, as amended, which has
been appropriated for expenses of administration, whether or not withdrawn from
the trust fund shall be excluded from the unemployment compensation fund
balance for the purpose of experience rating credit determination.
(5)
Money credited to the account of this state pursuant to section 903 of the
social security act, as amended, may not be withdrawn or used except for the
payment of benefits and for the payment of expenses of administration and of
public employment offices pursuant to RCW 50.16.030 (4), (5) and (6). However,
moneys credited because of excess amounts in federal accounts in federal fiscal
years 1999, 2000, and 2001 shall be used solely for the administration of the
unemployment compensation program and are not subject to appropriation by the
legislature for any other purpose.
(6)
Money requisitioned as provided in RCW 50.16.030 (4), (5) and (6) for the
payment of expenses of administration shall be deposited in the unemployment
compensation fund, but until expended, shall remain a part of the unemployment
compensation fund. The commissioner shall maintain a separate record of the
deposit, obligation, expenditure and return of funds so deposited. Any money
so deposited which either will not be obligated within the period specified by
the appropriation law or remains unobligated at the end of the period, and any
money which has been obligated within the period but will not be expended,
shall be returned promptly to the account of this state in the unemployment
trust fund.
NEW
SECTION. Sec. 2. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state or
the eligibility of employers in this state for federal unemployment tax
credits, the conflicting part of this act is inoperative solely to the extent
of the conflict, and the finding or determination does not affect the operation
of the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state or the granting of federal unemployment tax credits to employers in
this state.
