Today's Law As Amended


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AB-1993 Unemployment and disability insurance: benefits: in-home supportive services and waiver personal care services.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 631 of the Unemployment Insurance Code is amended to read:

631.
 (a)  “Employment” does not include service performed by a child under the age of  18 years of age  in the employ of his their  father or mother, or service performed by an individual in the employ of his their  son, daughter, or spouse, except to the extent that the employer and the employee have, pursuant to Section 702.5, elected to make contributions to the Unemployment Compensation Disability Fund.
(b) (1) Notwithstanding subdivision (a), or any other law, for purposes of unemployment benefits under this part, “employment” includes services performed by an individual in the employ of their father or mother, or service performed by an individual in the employ of their son, daughter, or spouse, if that individual is providing services through the In-Home Supportive Services program, administered through the State Department of Social Services, or the Waiver Personal Care Services program, administered through the State Department of Health Care Services. Nothing in this subdivision shall be construed as affecting an individual’s disability benefit rights or contributions under Section 702.5 or Part 2 (commencing with Section 2601).
(2) Employees authorized to receive unemployment benefits under this subdivision shall be governed by the same memorandum of employment and provisions of the Welfare and Institutions Code, including Sections 12302.2 and 14132.97 of the Welfare and Institutions Code, as other employees providing in-home supportive services and waiver personal care services.
(c) Notwithstanding any law, no money is continuously appropriated for purposes of the amendments made to this section by the act adding this subdivision. Those amendments shall become operative only upon appropriation by the Legislature.

SEC. 2.

 Section 702.5 of the Unemployment Insurance Code is amended to read:

702.5.
 (a)  Any employing unit for which services are performed  that do not constitute employment under Section 631 are performed,  for purposes of Part 2 (commencing with Section 2601),  may file with the director a written election, agreed to by both the employing unit and the individuals in its employ specified in Section 631, that all such those  services performed by such those  individuals in one or more distinct establishments or places of business shall be deemed to constitute employment by an employer for all the purposes of Part 2 (commencing with Section 2601) of this division.  2601).  Upon the written approval of the election by the director, such those  services shall be deemed to constitute employment subject to such that  part from and after the date stated in the approval. Sections 704 and 707 shall apply to elections under this section. 
(b) For purposes of computing disability benefit rights and contributions, an individual whose services are deemed to constitute employment pursuant to subdivision (a) shall be treated as an individual whose services ordinarily constitute employment under this chapter, if that individual is providing services through the In-Home Supportive Services program, administered through the State Department of Social Services, or the Waiver Personal Care Services program, administered through the State Department of Health Care Services.
(c) Sections 704 and 707 shall apply to elections under this section.
(d) Notwithstanding any law, no money is continuously appropriated for purposes of the amendments made to this section by the act adding this subdivision. Those amendments shall become operative only upon appropriation by the Legislature.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide immediate economic security in light of the current economic downturn to family caregivers providing in-home supportive services and waiver personal care services as soon as possible, it is necessary that this act take effect immediately.