Sydney Kamlager
- Democratic
Author
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Existing law provides definitions for "employment" for purposes of these provisions. Existing federal and state law excludes services performed by a child in the employ of a parent, a parent in the employ of their child, or a person in the employ of their spouse, from the definition of "employment" for purposes of unemployment taxes and unemployment insurance benefit eligibility, as specified. Under existing law, unemployment benefits are generally paid from the Unemployment Compensation Disability Fund, which is continuously appropriated for these purposes. This bill would provide that the definition of "employment" for the purposes of unemployment insurance coverage includes services performed by an individual in the employ of their parent, child, or spouse if that individual is providing services through the In-Home Supportive Services program or the Waiver Personal Care Services program. This bill would, notwithstanding existing law, provide that no money is continuously appropriated for purposes of the provisions of this bill and would make the operation of the bill's provisions contingent upon appropriation by the Legislature. Existing law permits an employing unit for which services are performed that do not constitute employment because they are services performed by a minor child in the employ of parent, or services performed by an individual in the employ of their child or spouse, to elect that the services constitute employment for purposes of disability compensation laws and provides that, upon written approval from the Director of Employment Development, those services are deemed to constitute employment. This bill would require that an individual whose services are deemed to constitute employment pursuant to the above-described provisions be treated as an individual whose services ordinarily constitute employment for purposes of computing disability benefit rights and contributions, if that individual is providing services through the In-Home Supportive Services program or the Waiver Personal Care Services program. Under existing law, disability benefits are generally paid from the Unemployment Compensation Disability Fund, which is continuously appropriated for these purposes. This bill would, notwithstanding existing law, provide that no money is continuously appropriated for purposes of the provisions of this bill and would make the operation of the bill's provisions contingent upon appropriation by the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
Vetoed by Governor.
Enrolled and presented to the Governor at 2:30 p.m.
Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5336.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 0. Page 4356.).
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 20).
Read second time and amended. Ordered returned to second reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (August 5). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4697.)
Coauthors revised.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 18. Noes 0.) (June 3).
In committee: Set, first hearing. Referred to APPR. suspense file.
Coauthors revised.
Coauthors revised.
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (May 7). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.
From printer. May be heard in committee February 27.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1993 | HTML |
| 01/27/20 - Introduced | |
| 05/04/20 - Amended Assembly | |
| 07/08/20 - Amended Senate | |
| 08/20/20 - Amended Senate | |
| 09/01/20 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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