HB 1095 — Creating a wage replacement program for certain Washington workers excluded from unemployment insurance.

H-1176.1H-0257.1 SUBSTITUTE HOUSE BILL 1095 State of Washington 68th Legislature 2023 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Walen, Ortiz-Self, Berry, Reed, Ramel, Pollet, Doglio, Macri, Simmons, Reeves, Wylie, Alvarado, Santos, and Ormsby)Ormsby READPrefiled FIRST12/30/22. TIME 02/16/23.

Read first time 01/09/23.

Referred to Committee on Labor & Workplace Standards.

1 SHBHB 1095 50.20.098 provides that unemployment insurance benefits shall not be payable unless the individual was lawfully admitted for permanent residence, was lawfully present for purposes of performing such services, or otherwise was permanently residing in the United States under color of law at the time such services were performed.

2 SHBHB 1095 (2) "Benefit" or "benefits" means the compensation payable to a claimant, as provided in either Title 50 RCW or this title with respect to the claimant's unemployment.

3 SHBHB 1095 (7) "Week of unemployment" means any week during which a claimant, including a self-employed claimant:

4 SHBHB 1095 (3) The advisory committee must provide comment on department rule making, policies, implementation of this title, utilization of benefits under this title, and other initiatives, and study issues the advisory committee determines to require its consideration.

and (4) The claimant meets the eligibility and qualification requirements under sections 6 and 7 of this act.

To be eligible for benefits under this title, a claimant invited by the department to apply for benefits under section 5 of this act must then satisfy the steps in this section.section in sequential order.

5 SHBHB 1095 (b) Worked 680 hours in employment in their base year or earned wages during their base year equal to 680 times the minimum wage set by RCW 49.46.020 in effect during the first quarter of the claimant's base year;

If an employer fails to respond to a request under this subsection (3), the department must consider the eligibility standard under subsection (1)(c) of this section satisfiedsatisfied. unless the department has independent, verified information indicating the claimant failed to satisfy the eligibility standard.

p.(a) The claimant must be actively seeking work in any trade, occupation, profession, or business for which the claimant is reasonably fitted;

6and SHBp. 1095 (a) The claimant must be actively seeking work in any trade, occupation, profession, or business for which the claimant is reasonably fitted;

and6 HB 1095 (b) The claimant must report to the department any wages or remuneration the claimant received.

(1) A claimant who is eligible and qualified for benefits under this title must receive a weekly benefit amount equal to the weekly benefit amount calculated in RCW 50.20.120.

(2) Benefits must be payable to any eligible and qualified claimant during the claimant's benefit year in a maximum amount equal to the lesser of 26 times the weekly benefit amount, as determined under subsection (1) of this section, or one-third of the claimant's base year wages under this title.

(2) If the department believes the claimant's right to waiting period credit or benefits under this title is at issue because of the claimant's separation from work for any reason other than lack of work, the department must promptly issue a determination of allowance p.or denial of waiting period credit or benefits under this title and the reasons for such allowance or denial to the claimant.

7 SHB 1095 or denial of waiting period credit or benefits under this title and the reasons for such allowance or denial to the claimant.

(i)p. Left their most recent work voluntarily without good cause;

7 HB 1095 (i) Left their most recent work voluntarily without good cause;

(1) Benefits are due and payable under this title only to the extent provided in this title and to the p.extent that moneys are available in the Washington wage replacement account created in section 3 of this act.

8 SHB 1095 extent that moneys are available in the Washington wage replacement account created in section 3 of this act.

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

8 HB 1095 confidential by state or federal laws, the department may not release such information.

p.NEW SECTION.

9 SHB 1095 NEW SECTION.

(a) Soliciting from the claimant, orally or in written form, a claimant's nationality, race, ethnicity, place of birth, eligibility or ineligibility for a social security number, citizenship, or immigration status;

(b)p. Indicating in its records which documents the claimant used to prove their age or identity;

9 HB 1095 (b) Indicating in its records which documents the claimant used to prove their age or identity;

(d) Contacting a claimant's current, former, or prospective employers including, but not limited to, for the purposes of verifying employment status, except as authorized in section 6(3)6 (3) of this act;

(2) ExceptThe as the department determines necessary to comply with other legal requirements, the department must destroy all records containing information that were provided by a claimant or collected by the department to verify eligibility for the program within 15 days of a claimant's written statement that they are no longer using the program.

(4) For the purposes of this section, whenever a lawful court order, judicial warrant, or judicial subpoena for individual records p.properly issued pursuant to the criminal procedure law or the civil practice law and rules is presented to a court, only those records, documents, and information specifically sought by such court order, warrant, or subpoena may be disclosed.

10(5) SHBNotwithstanding 1095any properlyother issuedlaw, pursuantinformation to the criminal procedure law or the civil practice law and rulesrecords iscontaining presentedinformation tothat aare court,collected onlyor thoseobtained records,by documents,the andstate, informationany specificallystate soughtagency, byor suchany courtsubdivision order,of warrant,the orstate, subpoenaincluding mayagents bep. disclosed.

(5)10 NotwithstandingHB any1095 other law, information and records containing information that are collected or obtained by the state, any state agency, or any subdivision of the state, including agents of the state universities and community colleges, in addition to any private persons contracted to administer public services or programs, must only be collected, used, and retained for the purpose of assessing eligibility for and providing those public services and programs created by this title.

(8) The department may use state and local databases to exclude claimants who may be eligible for unemployment insurance benefits under Title 50 RCWRCW, this title, or are otherwise ineligible or disqualified.

p.(2) Any inventory or data map records created under RCW 50.13.120(1)(b) that reveal the location of personal information or the extent to which it is protected;

11 SHB 1095 (2) Any inventory or data map records created under RCW 50.13.120(1)(b) that reveal the location of personal information or the extent to which it is protected;

(b)p. Where necessary to comply with a lawful court order, judicial warrant signed by a judge appointed pursuant to Article III of the United States Constitution, or judicial subpoena for individual records issued pursuant to the criminal procedure law or the civil practice law and rules;

11 HB 1095 (b) Where necessary to comply with a lawful court order, judicial warrant signed by a judge appointed pursuant to Article III of the United States Constitution, or judicial subpoena for individual records issued pursuant to the criminal procedure law or the civil practice law and rules;

p.Benefits under this title received by any individual, so long as they are not commingled with other funds of the recipient, must be exempt from any remedy whatsoever for collection of all debts except debts incurred for necessaries furnished to such individual or their spouse or dependents during the time when such individual was unemployed.