_______________________________________________

 

                              REENGROSSED SUBSTITUTE SENATE BILL NO. 4196

                        _______________________________________________

 

                                                                          C 005 L 85 E1

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senate Committee on Commerce & Labor (originally sponsored by Senators Warnke, Cantu and Wojahn; by Employment Security Department request)

 

 

Read first time 3/5/85.

 

 


AN ACT Relating to services for the unemployed; amending RCW 50.04.070, 50.04.072, 50.16.010, 50.29.025, and 50.22.010; adding a new chapter to Title 50 RCW; adding  a new section to chapter 50.22 RCW; adding a new section to chapter 50.24 RCW; adding a new section to chapter 50.44 RCW; creating new sections; repealing RCW 50.22.100, 50.22.110, 50.22.120, and 50.44.052; making an appropriation; providing an expiration date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The legislature finds and declares that:

          (1) The number of persons unemployed in the state is significantly above the national average.

          (2) Persons who are unemployed represent a skilled resource to the economy and the quality of life for all persons in the state.

          (3) There are jobs available in the state that can be filled by unemployed persons.

          (4) A public labor exchange can appreciably expedite the employment of unemployed job seekers and filling employer vacancies thereby contributing to the overall health of the state and national economies.

          (5) The Washington state job service of the employment security department has provided a proven service of assisting persons to find employment for the past fifty years.

          (6) Expediting the reemployment of unemployment insurance claimants will reduce payment of claims drawn from the state unemployment insurance trust fund.

          (7) Increased emphasis on assisting in the reemployment of claimants and monitoring claimants' work search efforts will positively impact employer tax rates resulting from the recently enacted experience rating legislation,  chapter 205, Laws of 1984.

          (8) Special employment service efforts are necessary to adequately serve agricultural employers who have unique needs in the type of workers, recruitment efforts, and the urgency of obtaining sufficient workers.

          (9) Study and research of issues related to employment and unemployment provides economic information vital to the decision-making process.

          The legislature finds it necessary and in the public interest to establish a program of job service to assist persons drawing unemployment insurance claims to find employment, to provide employment assistance to the agricultural industry, and to conduct research into issues related to employment and unemployment.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Job service" means the employment assistance program of the employment security department;

          (2) "Employment assistance" means services to unemployed persons focused on and measured by the obtaining of employment;

          (3) "Labor exchange" means those activities which match labor supply and labor demand, including recruitment, screening, and referral of qualified workers to employers;

          (4) "Special account of the administrative contingency fund" means that fund under section 8 of this act established within the administrative contingency fund of the employment security department which provides revenue for the purposes of this chapter.

          (5) "Continuous wage and benefit history" means an information and research system utilizing a longitudinal data base containing information on both employment and unemployment.

 

          NEW SECTION.  Sec. 3.     Job service resources shall 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 may include, but are not limited to:

          (1) Supplementing basic employment services, with special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain employment;

          (2) 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;

          (3) Providing otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment; and

          (4) To research and consider the degree to which the employment security department can contract with private employment agencies, private for-profit and not-for-profit organizations in the fields of job placement, vocational counseling, career development, career change and employment preparation on a fee for service-performance basis.

 

        Sec. 4.  Section 8, chapter 35, Laws of 1945 as last amended by section 9, chapter 13, Laws of 1983 1st ex. sess. and RCW 50.04.070 are each amended to read as follows:

          "Contributions" means the money payments due to the state unemployment compensation fund as provided in RCW 50.24.010 ((or)), to the federal interest payment fund under RCW 50.16.070, or to the special account in the administrative contingency fund under section 8 of this 1985 act.

 

        Sec. 5.  Section 8, chapter 266, Laws of 1959 as last amended by section 10, chapter 13, Laws of 1983 1st ex. sess. and RCW 50.04.072 are each amended to read as follows:

          The terms "contributions" and "payments in lieu of contributions" used in this title, whether singular or plural, designate the money payments to be made to the state unemployment compensation fund ((or)), to the federal interest payment fund under RCW 50.16.070, or to the special account in the administrative contingency fund under section 8 of this 1985 act and are deemed to be taxes due to the state of Washington.

 

        Sec. 6.  Section 60, chapter 35, Laws of 1945 as last amended by section 5, chapter 13, Laws of 1983 1st ex. sess. and RCW 50.16.010 are each amended to read as follows:

          There shall be maintained as special funds, separate and apart from all public moneys or funds of this state an unemployment compensation fund, an administrative contingency fund, and a federal interest payment fund, which shall be administered by the commissioner exclusively for the purposes of this title, and to which RCW 43.01.050 shall not be applicable.  The unemployment compensation fund shall consist of

          (1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this title,

          (2) interest earned upon any moneys in the fund,

          (3) any property or securities acquired through the use of moneys belonging to the fund,

          (4) all earnings of such property or securities,

          (5) any moneys received from the federal unemployment account in the unemployment trust fund in accordance with Title XII of the social security act, as amended,

          (6) all money recovered on official bonds for losses sustained by the fund,

          (7) all money credited to this state's account in the unemployment trust fund pursuant to section 903 of the social security act, as amended,

          (8) all money received from the federal government as reimbursement pursuant to section 204 of the federal-state extended compensation act of 1970 (84 Stat. 708-712; 26 U.S.C. Sec. 3304), and

          (9) all moneys received for the fund from any other source.

          All moneys in the unemployment compensation fund shall be commingled and undivided.

          The administrative contingency fund shall consist of all interest on delinquent contributions collected pursuant to this title after June 20, 1953, all fines and penalties collected pursuant to the provisions of this title, ((and)) all sums recovered on official bonds for losses sustained by the fund, and revenue received under section 8 of this 1985 act:  PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a justice court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.  Moneys available in the administrative contingency fund, other than money in the special account created under section 8 of this 1985 act, shall be expended upon the direction of the commissioner, with the approval of the governor, whenever it appears to him or her that such expenditure is necessary for:

          (a) The proper administration of this title and no federal funds are available for the specific purpose to which such expenditure is to be made, provided, the moneys are not substituted for appropriations from federal funds which, in the absence of such moneys, would be made available.

          (b) The proper administration of this title for which purpose appropriations from federal funds have been requested but not yet received, provided, the administrative contingency fund will be reimbursed upon receipt of the requested federal appropriation.

          Money in the special account created under section 8 of this 1985 act may only be expended, after appropriation, for the purposes specified in this 1985 act.

 

        Sec. 7.  Section 5, chapter 205, Laws of 1984 and RCW 50.29.025 are each amended to read as follows:

          For the rate year 1984 and each rate year thereafter, the contribution rate for each employer shall be determined under this section.

          (1) A fund balance ratio shall be determined by dividing the balance in the unemployment compensation fund as of the June 30th immediately preceding the rate year by the total remuneration paid by all employers subject to contributions during the second calendar year preceding the rate year and reported to the department by the following March 31st.  The division shall be carried to the fourth decimal place with the remaining fraction, if any, disregarded.  The fund balance ratio shall be expressed as a percentage.

          (2) The interval of the fund balance ratio, expressed as a percentage, shall determine which tax schedule in subsection (5) or (6) of this section shall be in effect for assigning tax rates for the rate year:  PROVIDED, That a uniform tax rate of 3.3 percent shall be in effect for the rate year 1984.  The intervals for determining the effective tax schedule shall be:

 

!tm2,1,1 !tcInterval!sc ,1of!sc ,1the

!tcFund!sc ,1Balance!sc ,1Ratio!tj1!tcEffective

!tcExpres!ttsed!sc ,1as!sc ,1a!sc ,1Percentage!tj1!tcTax!sc ,1Sc!tthedule

 

!tl3.40 and!sc ,1above!tcA

!tl2.90 to 3.39!tcB

!tl2.40 to 2.89!tcC

!tl1.90 to 2.39!tcD

!tl1.40 to 1.89!tcE

!tlLess!sc ,1than!sc ,0011.40!tcF

 

          (3) An array shall be prepared, listing all qualified employers in ascending order of their benefit ratios.  The array shall show for each qualified employer:  (a) Identification number; (b) benefit ratio; (c) taxable payrolls for the four calendar quarters immediately preceding the computation date and reported to the department by the cut-off date; (d) a cumulative total of taxable payrolls consisting of the employer's taxable payroll plus the taxable payrolls of all other employers preceding him or her in the array; and (e) the percentage equivalent of the cumulative total of taxable payrolls.

          (4) Each employer in the array shall be assigned to one of twenty rate classes according to the percentage intervals of cumulative taxable payrolls set forth in subsection (5) or (6) of this section:  PROVIDED, That if an employer's taxable payroll falls within two or more rate classes, the employer and any other employer with the same benefit ratio shall be assigned to the lowest rate class which includes any portion of the employer's taxable payroll.

          (5) Except as provided in subsection (6) of this section, the contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:

 

!tp1,4 !tcPercent!sc ,1of

!tcCumulative!tj1!trSchedule!sc ,1of!sc ,1Contribution!sc ,1Rates!sc ,1for

!tcTaxable!sc ,1Pa!ttyrolls!trEffective!sc ,1Tax!sc ,1Schedule!sc ,6

!tm1,2,1,1,1,1,1,1,1 !tj2!tcRate

From!tj1!tcTo!tcClass!tlA!tcB!tcC!tcD!tcE!tcF

!w

!sc ,0010.00!tj1!tc5. 00!tc1!tc0.5!tc0.6!tc1.0!tc1.5!tc1.9!tc2.5

!sc ,0015.01!tj1!tc10.00!tc2!tc0.5!tc0.8!tc1.2!tc1.7!tc2.1!tc2.7

10.01!tj1!tc15.00!tc3!tc0.6!tc1.0!tc1.4!tc1.8!tc2.3!tc2.9

15.01!tj1!tc20.00!tc 4!tc0.8!tc1.2!tc1.6!tc2.0!tc2.5!tc3.1

20.01!tj1!tc25.00!tc5!tc1.0!tc1.4!tc1.8!tc2.2!tc2.7!tc3.2

25.01!tj1!tc30.00!tc6!tc1.2!tc1.6!tc2.0!tc2.4!tc2.8!tc3.3

30.01!tj1!tc35.00!tc7!tc1.4!tc1.8!tc2.2!tc2.6!tc3.0!tc3.4

35.01!tj1!tc40.00!tc8!tc1.6!tc2.0!tc2.4!tc2.8!tc3.2!tc3.6

40.01!tj1!tc45.00!tc9!tc1.8!tc2.2!tc2.6!tc3.0!tc3.4!tc3.8

45.01!tj1!tc50.00!tc10!tc2.0!tc2.4!tc2.8!tc3.2!tc3.6!tc4.0

50.01!tj1!tc55.00!tc11!tc2.3!tc2.6!tc3.0!tc3.4!tc3.8!tc4.1

55.01!tj1!tc60.00!tc12!tc2.5!tc2.8!tc3.2!tc3.6!tc4.0!tc4.3

60.01!tj1!tc65.00!tc13!tc2.7!tc3.0!tc3.4!tc3.8!tc4.2!tc4.5

65.01!tj1!tc70.00!tc14!tc2.9!tc3.2!tc3.6!tc4.0!tc4.4!tc4.7

70.01!tj1!tc75.00!tc15!tc3.1!tc3.4!tc3.8!tc4.2!tc4.6!tc4.8

75.01!tj1!tc80.00!tc16!tc3.3!tc3.6!tc4.0!tc4.4!tc4.7!tc4.9

80.01!tj1!tc85.00!tc17!tc3.5!tc3.8!tc4.2!tc4.6!tc4.9!tc5.0

85.01!tj1!tc90.00!tc18!tc3.9!tc4.2!tc4.6!tc4.9!tc5.0!tc5.2

90.01!tj1!tc95.00!tc19!tc4.3!tc4.6!tc5.0!tc5.1!tc5.2!tc5.4

95.01!tj1!tc100.00!tc20!tc5.4!tc5.4!tc5.4!tc5.4!tc5.4!tc5.4

 

          (6) For rate years 1986 and 1987, the contribution rate for each employer in the array shall be the rate specified in the following table for the rate class to which he or she has been assigned, as determined under subsection (4) of this section, within the tax schedule which is to be in effect during the rate year:

 

!tp1,4 !tcPercent!sc ,1of

!tcCumulative!tj1!trSchedule!sc ,1of!sc ,1Contribution!sc ,1Rates!sc ,1for

!tcTaxable!sc ,1Pa!ttyrolls!trEffective!sc ,1Tax!sc ,1Schedule!sc ,6

!tm1,2,1,1,1,1,1,1,1 !tj2!tcRate

From!tj1!tcTo!tcClass!tlA!tcB!tcC !tcD!tcE!tcF

!w

!sc ,0010.00!tj1!tc5. 00!tc1!tc0.48!tc0.58!tc0.98!tc1.48!tc1.88!tc2.48

!sc ,0015.01!tj1!tc10.00!tc2!tc0.48!tc0.78!tc1.18!tc1.68!tc2.08!tc2.68

10.01!tj1!tc15.00!tc3!tc0.58!tc0.98!tc1.38!tc1.78!tc2.28!tc2.88

15.01!tj1!tc20.00!tc 4!tc0.78!tc1.18!tc1.58!tc1.98!tc2.48!tc3.08

20.01!tj1!tc25.00!tc5!tc0.98!tc1.38!tc1.78!tc2.18!tc2.68!tc3.18

25.01!tj1!tc30.00!tc6!tc1.18!tc1.58!tc1.98!tc2.38!tc2.78!tc3.28

30.01!tj1!tc35.00!tc7!tc1.38!tc1.78!tc2.18!tc2.58!tc2.98!tc3.38

35.01!tj1!tc40.00!tc8!tc1.58!tc1.98!tc2.38!tc2.78!tc3.18!tc3.58

40.01!tj1!tc45.00!tc9!tc1.78!tc2.18!tc2.58!tc2.98!tc3.38!tc3.78

45.01!tj1!tc50.00!tc10!tc1.98!tc2.38!tc2.78!tc3.18!tc3.58!tc3.98

50.01!tj1!tc55.00!tc11!tc2.28!tc2.58!tc2.98!tc3.38!tc3.78!tc4.08

55.01!tj1!tc60.00!tc12!tc2.48!tc2.78!tc3.18!tc3.58!tc3.98!tc4.28

60.01!tj1!tc65.00!tc13!tc2.68!tc2.98!tc3.38!tc3.78!tc4.18!tc4.48

65.01!tj1!tc70.00!tc14!tc2.88!tc3.18!tc3.58!tc3.98!tc4.38!tc4.68

70.01!tj1!tc75.00!tc15!tc3.08!tc3.38!tc3.78!tc4.18!tc4.58!tc4.78

75.01!tj1!tc80.00!tc16!tc3.28!tc3.58!tc3.98!tc4.38!tc4.68!tc4.88

80.01!tj1!tc85.00!tc17!tc3.48!tc3.78!tc4.18!tc4.58!tc4.88!tc4.98

85.01!tj1!tc90.00!tc18!tc3.88!tc4.18!tc4.58!tc4.88!tc4.98!tc5.18

90.01!tj1!tc95.00!tc19!tc4.28!tc4.58!tc4.98!tc5.08!tc5.18!tc5.38

95.01!tj1!tc100.00!tc20!tc5.40!tc5.40!tc5.40!tc5.40!tc5.40!tc5.40

 

          (((6))) (7) The contribution rate for each employer not qualified to be in the array shall be a rate equal to the average industry tax rate as determined by the commissioner; however, the rate may not be less than one percent:  PROVIDED, That employers who do not meet the definition of "qualified employer" by reason of failure to pay contributions when due shall be assigned the contribution rate of five and four-tenths percent.  Assignment of employers by the commissioner to industrial classification, for purposes of this subsection, shall be in accordance with established classification practices found in the "Standard Industrial Classification Manual" issued by the federal office of management and budget to the third digit provided in the Standard Industrial Classification code.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 50.24 RCW to read as follows:

          A separate and identifiable account to provide for the financing of special programs to assist the unemployed is established in the administrative contingency fund.  Contributions to this account shall accrue and become payable by each employer, except employers as described in RCW 50.44.010 and 50.44.030 who have properly elected to make payments in lieu of contributions, taxable local government employers as described in RCW 50.44.035, and those employers who are required to make payments in lieu of contributions, at the rate of two one-hundredths of one percent.  The amount of wages subject to tax shall be determined under RCW 50.24.010.

          Contributions under this section shall become due and be paid by each employer under rules as the commissioner may prescribe, and shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer.  Any deduction in violation of this section is unlawful.

          In the payment of any contributions under this section, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.

          If the commissioner determines that federal funding has been increased to provide financing for the services specified in this act, the commissioner shall direct that collection of contributions under this section be terminated on the following January 1st.

          Contributions under this section shall be payable only for calendar years 1986 and 1987.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 50.44 RCW to read as follows:

          The term "reasonable assurance," as used in RCW 50.44.050, means a written, verbal, or implied agreement that the employee will perform services in the same capacity during the ensuing academic year or term as in the first academic year or term.  A person shall not be deemed to be performing services "in the same capacity" unless those services are rendered under the same terms or conditions of employment in the ensuing year as in the first academic year or term.

 

        Sec. 10.  Section 2, chapter 1, Laws of 1971 as last amended by section 1, chapter 1, Laws of 1983 and RCW 50.22.010 are each amended to read as follows:

          As used in this chapter, unless the context clearly indicates otherwise:

          (1) "Extended benefit period" means a period which:

          (a) Begins with the third week after a week for which there is an "on" indicator; and

          (b) Ends with the third week after the first week for which there is an "off" indicator:  PROVIDED, That no extended benefit period shall last for a period of less than thirteen consecutive weeks, and further that no extended benefit period may begin by reason of an "on" indicator before the fourteenth week after the close of a prior extended benefit period which was in effect with respect to this state.

           (2) There is an "on" indicator for this state for a week if the commissioner determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) either:

          (a) Equaled or exceeded one hundred twenty percent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years and equaled or exceeded five percent; or

          (b) Equaled or exceeded six percent:  PROVIDED, That the six percent trigger shall apply only until ((April 30, 1984)) December 31, 1985.

          (3) There is an "off" indicator for this state for a week if the commissioner determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (not seasonally adjusted) was either:

          (a) Less than five percent; or

          (b) Five percent or more but less than six percent and the rate of insured unemployment was less than one hundred twenty percent of the average of the rates for the corresponding thirteen week period ending in each of the two preceding calendar years:  PROVIDED, That the six percent trigger shall apply only until ((April 30, 1984)) December 31, 1985.

          (4) "Regular benefits" means benefits payable to an individual under this title or under any state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits or additional benefits.

          (5) "Extended benefits" means benefits payable for weeks of unemployment beginning in an extended benefit period to an individual under this title or under any state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than regular or additional benefits.

          (6) "Additional benefits" are benefits totally financed by the state and payable under this title to exhaustees by reason of conditions of high unemployment or by reason of other special factors.

          (7) "Eligibility period" of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period that is in effect in this state and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

          (8) ((An "additional benefit period" means a period within an extended benefit period which:

          (a) Begins with the third week after a week for which:

          (i) The governor determines that adverse economic conditions and high unemployment among the state's workers necessitate payment of additional benefits; and

          (ii) The commissioner determines that, for the fifty-two consecutive weeks ending with such week, the rate of insured unemployment as calculated under (d) of this subsection equals or exceeds six and one-half percent:  PROVIDED, That six percent shall apply if the fifty-two week rate of insured unemployment has been less than four and one-half percent at any time within the preceding one hundred four weeks.

          (b) Ends with the third week after a week for which the commissioner determines that, for the fifty-two consecutive weeks ending with such week, the rate of insured unemployment as calculated under (d) of this subsection is less than six and one-half percent:  PROVIDED, That six percent shall apply if the additional benefit period began because of the proviso in (a)(ii) of this subsection, the fifty-two week rate of insured unemployment has not exceeded six and one-half percent during the additional benefit period, and the additional benefit period has been in effect for fewer than thirty-six weeks.

          (c) No additional benefit period may last for a period of less than thirteen weeks, and no additional benefit period may begin before the fourteenth week after the close of a prior additional benefit period.

          (d) "Rate of insured unemployment," for the purposes of (a) and (b) of this subsection, means the percentage derived by dividing the average weekly number of individuals filing claims in this state for weeks of unemployment with respect to the most recent fifty-two consecutive-week period as determined by the commissioner on the basis of his reports to the United States Secretary of Labor by the average monthly employment covered under this title for the first four of the most recent six completed calendar quarters ending before the end of such fifty-two week period.  The division shall be carried to the fourth decimal place with any remaining fraction disregarded.

          (e) If a federally funded program of benefits is established which provides for benefits beyond thirty-nine weeks, any additional benefit period in effect shall terminate on the last day of the week preceding the effective week of the federal program.  No additional benefit period may begin while such a federal program is in effect.

          (9))) "Additional benefit eligibility period" of an individual means the period consisting of the weeks in his or her benefit year which begin in an additional benefit period that is in effect and, if his or her benefit year ends within such additional benefit period, any weeks thereafter which begin in such period.

          (((10))) (9) "Exhaustee" means an individual who, with respect to any week of unemployment in his or her eligibility period:

          (a) Has received, prior to such week, all of the regular benefits that were payable to him or her under this title or any other state law (including dependents' allowances and regular benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in his or her current benefit year that includes such week; or

          (b) Has received, prior to such week, all of the regular benefits that were available to him or her under this title or any other state law (including dependents' allowances and regular benefits available to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in his or her current benefit year that includes  such week, after the cancellation of some or all of his or her wage credits or the total or partial reduction of his or her rights to regular benefits:  PROVIDED, That, for the purposes of (a) and (b), an individual shall be deemed to have received in his or her current benefit year all of the regular benefits that were payable to him or her, or available to him or her, as the case may be, even though:

          (i) As a result of a pending appeal with respect to wages or employment, or both, that were not included in the original monetary determination with respect to his or her current benefit year, he or she may subsequently be determined to be entitled to more regular benefits; or

          (ii) By reason of the seasonal provisions of another state law, he or she is not entitled to regular benefits with respect to such week of unemployment (although he or she may be entitled to regular benefits with respect to future weeks of unemployment in the next season, as the case may be, in his or her current benefit year), and he or she is otherwise an exhaustee within the meaning of this section with respect to his or her right to regular benefits under such state law seasonal provisions during the season or off season in which that week of unemployment occurs; or

          (iii) Having established a benefit year, no regular benefits are payable to him or her during such year because his or her wage credits were canceled or his or her right to regular benefits was totally reduced as the result of the application of a disqualification; or

          (c) His or her benefit year having ended prior to such week, he or she has insufficient wages or employment, or both, on the basis of which he or she could establish in any state a new benefit year that would include such week, or having established a new benefit year that includes such week, he or she is precluded from receiving regular benefits by reason of the provision in RCW 50.04.030 which meets the requirement of section 3304(a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state law; and

          (d) (i) Has no right for such week to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and

          (ii) Has not received and is not seeking for such week unemployment benefits under the unemployment compensation law of Canada, unless the appropriate agency finally determines that he or she is not entitled to unemployment benefits under such law for such week.

          (((11))) (10) "State law" means the unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the internal revenue code of 1954.

 

          NEW SECTION.  Sec. 11.  A new section is added to chapter 50.22 RCW to read as follows:

          (1) An additional benefit period is established beginning on the first Sunday after the effective date of this act.  No new claims for additional benefits will be accepted for weeks beginning after December 31, 1985.  This additional benefit period shall  end with the start of an extended benefit period or with the start of any totally federally funded benefit program for exhaustees.

          (2) The weekly benefit amount shall be calculated as specified in RCW 50.22.040.

          (3) The total additional benefit amount shall be the lesser of one-fourth of regular benefits or six times the individual's weekly benefit amount.

          (4) Additional benefits shall not be payable for weeks more than one year beyond the end of the benefit year of the regular claim.

          (5) The maximum amount of additional benefits for an individual shall be reduced, but not below zero, by any federal supplemental compensation paid based on the individual's most recent benefit year.

          (6) Benefits paid under this section shall be paid under the same terms and conditions as extended benefits and shall not be charged to the experience rating account of individual employers.

          (7) This section shall expire on December 31, 1986.

 

 

          NEW SECTION.  Sec. 12.    The commissioner shall make a report to the legislature on the impact of the job service program established pursuant to this act by December 1, 1987.

 

          NEW SECTION.  Sec. 13.  The following acts or parts of acts are each repealed:

                   (1) Section 17, chapter 18, Laws of 1982 1st ex. sess., section 1, chapter 13, Laws of 1983 1st ex. sess. and RCW 50.22.100;

          (2) Section 18, chapter 18, Laws of 1982 1st ex. sess., section 2, chapter 13, Laws of 1983 1st ex. sess. and RCW 50.22.110;

          (3) Section 19, chapter 18, Laws of 1982 1st ex. sess., section 3, chapter 13, Laws of 1983 1st ex. sess. and RCW 50.22.120; and

          (4) Section 1, chapter 140, Laws of 1984 and RCW 50.44.052.

 

          NEW SECTION.  Sec. 14.    Sections 1, 2, 3, and 8 of this act shall expire March 31, 1988.

 

          NEW SECTION.  Sec. 15.    The sum of four million dollars, or so much thereof as may be necessary, is appropriated from the special account of the administrative contingency fund of the employment security department to the employment security department to support the job service program under sections 1 through 3 of this act for the 1985-1987 fiscal biennium.  However, if federal funding is increased to provide for the financing of the services specified in this act, this appropriation shall be reduced by the amount that federal funding is increased specifically for such services.  This portion of the state appropriation shall be deposited in the unemployment compensation fund.

 

          NEW SECTION.  Sec. 16.    If any part of this act shall be found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, such conflicting part of this act is hereby declared to be inoperative solely to the extent of such conflict, and such finding or determination shall not affect the operation of the remainder of this act.

 

          NEW SECTION.  Sec. 17.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

          NEW SECTION.  Sec. 18.    Sections 1 through 3 of this act shall constitute a new chapter in Title 50 RCW.

 

          NEW SECTION.  Sec. 19.    This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.


                                                                                                                            Passed the Senate June 10, 1985.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                            Passed the House June 10, 1985.

 

                                                                                                                                         Speaker of the House.