HB 3083 — Adding temporary work during the legislative session as exclusion to the term employment for purposes of unemployment compensation

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Red = new code to be enacted WEST virginia legislature regular session IntroducedENROLLED House Bill 3083 By Delegates Hanshaw (Mr.

Speaker) and Miley [[Passed IntroducedMarch February5, 12, 2019;

Referredin toeffect theninety Committeedays onfrom thepassage.] Judiciary.]AN AACT BILL to amend and reenact §21A-1A-17 of the Code of West Virginia, 1931, as amended, relating to unemployment compensation and adding temporary work by employees during the legislative session is excluded from the term employment.  Be it enacted by the Legislature of West Virginia:

ARTICLE 1.1A.

UNEMPLOYMENTDEFINITIONS. COMPENSATION.

The term “employment”"employment" does not include:

(1) Service performed in the employ of the United States or any instrumentality of the United States exempt under the Constitution of the United States from the payments imposed by this law, except that to the extent that the Congress of the United States permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation law, all of the provisions of this law are applicable to the instrumentalities and to service performed for the instrumentalities in the same manner, to the same extentextent, and on the same terms as to all other employers, employing units, individualsindividuals, and services:

§3404,§ 3404, subsection (c), the payments required of the instrumentalities with respect to the year shall be refunded by the commissioner from the fund in the same manner and within the same period as is provided in section§21A-5-19 nineteen, article five of this chaptercode with respect to payments erroneously collected;

The commissionerCommissioner may enter into agreements with the proper agency established under an Act of Congress to provide reciprocal treatment to individuals who, after acquiring potential rights to unemployment compensation under an Act of Congress or who have, after acquiring potential rights to unemployment compensation under an Act of Congress, acquired rights to benefit under this chapter.

Such agreement shall become effective 10 days after the publications which shall comply with the general rules of the department;Department;

(3) Service performed by an individual in agricultural labor, except as provided in subdivision§21A‑1A‑16(12) (12), section sixteen of this article,code, the definition of “employment.”"employment". For purposes of this subdivision, the term “agricultural labor” includes all services performed:

(A)For Onpurposes a farm, in the employ of anythis person,subdivision, in connection with cultivating the soil,term or"agricultural inlabor" connectionincludes withall raisingservices orperformed: harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife;

(B)(A) InOn thea employfarm, ofin the owneremploy or tenant or other operator of aany farm,person, in connection with cultivating the operation,soil, management, conservation, improvement or maintenancein ofconnection thewith farmraising and its tools and equipment, or inharvesting salvagingany timberagricultural or clearinghorticultural landcommodity, ofincluding brushthe andraising, othershearing, debrisfeeding, leftcaring byfor, atraining hurricane,and ifmanagement the major part of thelivestock, servicebees, ispoultry, performedand onfur-bearing aanimals farm;and wildlife;

(B) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of the farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm;

§1141j,§ 1141j, subsection (g), or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirsreservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;

(D) (i) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storingstoring, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity;

As used in this subdivision, the term “farm”"farm" includes stock, dairy, poultry, fruit, fur-bearing animals, truck farms, plantations, ranches, greenhouses, rangesranges, and nurseries, or other similar land areas or structures used primarily for the raising of any agricultural or horticultural commodities;

(4) Domestic service in a private home except as provided in subdivision§21A-1A-16(13) (13), section sixteen of this article,code, the definition of “employment”;"employment";

(5) Service performed by an individual in the employ of his or her son, daughterdaughter, or spouse;

(6) Service performed by a child under the age of eighteen18 years in the employ of his or her father or mother;

(7) Service as an officer or member of a crew of an American vessel, performed on or in connection with the vessel, if the operating office, from which the operations of the vessel operating on navigable waters within or without the United States are ordinarily and regularly supervised, managed, directeddirected, and controlled, is without this state;

(A) In the employ of a church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlledcontrolled, or principally supported by a church or convention or association of churches;

or (B) by a duly ordained, commissionedcommissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order in the exercise of duties required by the order;

(10) Service performed in the employ of a school, collegecollege, or university, if the service is performed:

(A) By a student who is enrolled and is regularly attending classes at the school, collegecollege, or university;

(i) The employment of the spouse to perform the service is provided under a program to provide financial assistance to the student by the school, collegecollege, or university;

(13) Service in the employ of a governmental entity referred to in subdivision§21A-1A-16(9) (9), section sixteen of this article,code, the definition of “employment,”"employment", if the service is performed by an individual in the exercise of duties:

(D) as a member of the state National Guard or Airair National Guard, except as provided in section§21A-1A-28 twenty-eight of this article;code;

(D) (E) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, floodflood, or similar emergency;

(E) (F) in a position which, under or pursuant to the laws of this state, is designated as:

oror  (F)(G)(G) as any election official appointed to serve during any municipal, countycounty, or state election, if the amount of remuneration received by the individual during the calendar year for services as an election official is less than $1,000;

Notwithstanding the foregoing exclusions from the definition of “employment,”"employment", services, except agricultural labor and domestic service in a private home, are in employment if with respect to the services a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a State Unemployment Compensation Fund, or which as a condition for full tax credit against the tax imposed by the federal Unemployment Tax Act are required to be covered under this chapter.

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The purpose of this bill is to add temporary work during the legislative session as exclusion to the term employment for purposes of unemployment compensation.

  Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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