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AB-3977 Unemployment compensation.(1989-1990)

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Assembly Bill No. 3977
CHAPTER 1474

An act to amend Section 8571 of the Government Code, and to amend Section 1253 of the Unemployment Insurance Code, relating to unemployment compensation.

[ Filed with Secretary of State  September 30, 1990. Approved by Governor  September 28, 1990. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3977, Johnston. Unemployment compensation.
(1)  Existing law provides that an unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the Director of Employment Development finds that certain conditions are met, including that the individual has been unemployed for a waiting period of one week.
This bill would provide an exception to this waiting period where the Governor has suspended its operation due to a state of war emergency or a state of emergency.
Under existing law, the Unemployment Insurance Fund is continuously appropriated. This bill, by authorizing the payment of unemployment benefits at an earlier time, would therefore make an appropriation.
(2)  Existing law includes, as covered employment for unemployment compensation purposes, all service performed by an individual for any public entity, with specified exceptions. Existing statutory law provides that there are no state-mandated local costs in the existing law because the existing law merely affirms for the state that which has been declared existing law through action by the federal government.
This bill would provide that, notwithstanding any other provision of law, the Director of Employment Development shall not assess nor collect any penalties for nonpayment of those billings sent to public entities on or after May 22, 1984, and before October 31, 1990, and which remain unpaid on October 1, 1990. It would further specify that this provision shall only apply to local agencies which had at any time protested the payment of their charges because the courts had found the California Unemployment Insurance Program to be a state-mandated local program which entitled local governments to reimbursement of their costs.
Appropriation: yes.

The people of the State of California do enact as follows:


SECTION 1.

 Section 8571 of the Government Code is amended to read:

8571.
 During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.

SEC. 2.

 Section 1253 of the Unemployment Insurance Code is amended to read:

1253.
 An unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that:
(a)  A claim for benefits with respect to that week has been made in accordance with authorized regulations.
(b)  He or she has registered for work, and thereafter continued to report, at a public employment office or any other place as the director may approve. Either or both of the requirements of this subdivision may be waived or altered by authorized regulation as to partially employed individuals attached to regular jobs.
(c)  He or she was able to work and available for work for that week.
(d)  He has been unemployed for a waiting period of one week as defined in Section 1254, unless this waiting period has been waived pursuant to Section 8571 of the Government Code.
(e)  He or she conducted a search for suitable work in accordance with specific and reasonable instructions of a public employment office.

SEC. 3.

 Notwithstanding any other provision of law, the Director of Employment Development shall not assess nor collect any penalties for nonpayment of those billings sent to public entities on or after May 22, 1984, and before October 31, 1990, and which remain unpaid on October 1, 1990. This provision shall only apply to local agencies which had at any time protested the payment of their charges because the courts had found the California Unemployment Insurance Program to be a state-mandated local program which entitled local government to reimbursement of their costs.