Bill
SB 5331
Permanent authority for ESD to accept alternative job-search evidence for unemployment benefits, plus weekly targets, monitoring, penalties for noncompliance, and biennial reports.
Status: Enacted (Chapter 117, 2023 Laws). Governor signed April 20, 2023. Effective date: July 23, 2023.
Purpose
- To make permanent the Employment Security Department’s (ESD) authority to accept alternative forms of evidence that claimants have met weekly job search requirements for receiving unemployment insurance (UI) benefits, and to require regular reporting to the Legislature on any flexibilities used.
Key provisions
- Ongoing discretion for ESD: Removes the December 31, 2023 expiration that had limited ESD’s ability to accept alternative evidence of job search activity. ESD now has continuing authority to accept alternative forms of evidence showing compliance with job search requirements.
- Evidence standard clarified: The alternative evidence must meet the objective of reemployment in suitable work (referencing RCW 50.20.100), rather than the prior statutory language focused on the “intent of rigorous reemployment efforts.”
- Weekly job-search evidence requirements: For claimants who have received five or more weeks of UI (with specified exceptions), evidence must show at least one of:
- Contacts with at least three employers per week; or
- Documented job search activities with the local reemployment center at least three times per week;
- Or other methods “as directed by the employment security department” consistent with the reemployment objective.
- Job search monitoring: ESD must implement job-search monitoring and may contract with other states’ employment agencies so out-of-state claimants receive comparable monitoring.
- Consultative development: ESD must consult with an advisory committee having equal employer and worker representation when developing job-search requirements.
- Reporting requirement: By July 1, 2024, and every two years thereafter, ESD — in consultation with the advisory committee — must report to the appropriate legislative committees on the impacts of any flexibilities used in claimant job search methods, monitoring, and outcomes. The report must include a section allowing advisory committee members to comment directly.
- Penalties for noncompliance: A claimant who fails to fully comply with active job-search requirements loses benefits for the weeks of noncompliance and is liable to repay benefits under existing UI overpayment law (RCW 50.20.190).
- Other statutory provisions: Includes severability and a clause that any provision conflicting with federal requirements is inoperative to the extent of the conflict; rules adopted must conform to federal requirements for federal funds and tax credits.
Who is affected
- Primary: UI claimants who have received five or more weeks of benefits (except certain exceptions such as employer-attached claimants, union referrals, electrical apprentices in certain programs, and commissioner-approved trainees).
- Agency: Employment Security Department (administration, monitoring, reporting).
- Indirect: Out-of-state claimants and employers (through cross-state monitoring arrangements); the Legislature (receives periodic reports).
Procedural/timeline notes
- The measure amended RCW 50.20.240 and created new reporting and severability sections.
- Reporting dates begin July 1, 2024 and recur biennially.
- No appropriation required; a fiscal note was prepared.
- Background: The change builds on temporary flexibilities granted during the COVID-19 emergency (Proclamation 20-30 and SHB 1493) by making the discretionary approach permanent and shifting the focus to reemployment in suitable work.
Support/Opposition
- Testimony supported by the Employment Security Department and the bill’s sponsor, citing alignment with modern job-search methods and the effectiveness of temporary flexibilities. No recorded opposition in committee testimony.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
