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

Bill Text

HB 3083 Text

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Enrolled Version - Final Version

« House Bill 3083 History

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WEST virginia 
legislature

2019 regular session

ENROLLED

House Bill 3083

By Delegates Hanshaw (Mr. 
Speaker) and Miley

[Passed March 5, 2019; in 
effect ninety days from passage.]

AN ACT 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 1A. DEFINITIONS.

§21A-1A-17. Exclusions from employment.

The term "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 extent, and on the same terms 
as to all other employers, employing units, individuals, and services: Provided, 
That if this state is not certified for any year by the Secretary of Labor 
under 26 U.S.C. § 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 §21A-5-19 of this code with respect to payments erroneously collected;

(2) Service performed with respect to which unemployment 
compensation is payable under the Railroad Unemployment Insurance Act and 
service with respect to which unemployment benefits are payable under an 
unemployment compensation system for maritime employees established by an Act 
of Congress. The Commissioner 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;

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

(A) On a farm, in the employ of any person, in connection 
with cultivating the soil, or in connection with raising or 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) 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;

(C) In connection with the production or harvesting of any 
commodity defined as an agricultural commodity in section fifteen (g) of the 
Agricultural Marketing Act, as amended, as codified in 12 U.S.C. § 1141j, 
subsection (g), or in connection with the ginning of cotton, or in connection 
with the operation or