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SB-1011 Unemployment compensation benefits: extension: freezing weather.(1999-2000)

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SB1011:v96#DOCUMENT

Senate Bill No. 1011
CHAPTER 558

An act to add and repeal Section 1281.5 of the Unemployment Insurance Code, relating to unemployment compensation, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 29, 1999. Approved by Governor  September 28, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1011, Polanco. Unemployment compensation benefits: extension: freezing weather.
Existing law provides unemployment compensation benefits for qualified eligible unemployed individuals of a maximum of 26 times the individual’s weekly benefit amount, as defined. It also provides extended unemployment compensation benefits for qualified eligible individuals who had specified earnings and provides federal-state extended unemployment compensation benefits for qualified eligible individuals who had specified earnings.
This bill would provide extended unemployment compensation benefits, with respect to claims made on or before July 31, 2000, for an additional 26 times an individual’s weekly benefit amount for any qualified eligible unemployed individual who has been laid off from work, is unable to commence work, or is otherwise unemployed as a direct result of freezing weather conditions which occurred in this state in December 1998 when an individual has exhausted or is otherwise ineligible for other state or federal unemployment compensation benefits, as specified. It would provide that in the event an individual becomes eligible for federal-state extended unemployment compensation benefits prior to August 8, 1999, that individual shall become ineligible for extended unemployment compensation benefits under these provisions to the extent he or she is eligible for and receives federal-state extended unemployment benefits. Unemployment compensation benefits are paid from the Unemployment Fund, a continuously appropriated fund, and thus by providing additional benefits, this bill would make an appropriation.
This bill would also allow an eligible individual to use an alternative base period, as specified, to calculate benefits for certain claims on or after August 8, 1999. It would provide that the provisions of the bill concerning an alternative base period shall be inapplicable in the event that the Director of the Employment Development Department makes a determination, after a public hearing, that the earning levels of freeze-affected individuals have not been significantly reduced as a result of freeze-related unemployment, layoffs, or underemployment during the 1999 calendar year.
This bill would also make certain legislative findings and declarations with respect to the severe freezing conditions which occurred in California.
This bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

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


SECTION 1.

 The Legislature finds and declares as follows:
(a) Severe freezing weather conditions which occurred in California in December 1998 caused more than one billion dollars ($1,000,000,000) in damages to crops.
(b) The agriculture-dependent local economies in rural California where growers and agricultural workers live will suffer economic depression.
(c) Thousands of skilled workers have lost or will lose their jobs as a result of the freezing weather conditions.
(d) Many agricultural employees who receive hourly wages are low-income individuals who can least afford to be unemployed.
(e) The benefits of this act are intended as an extraordinary, one-time statewide response to this emergency, and are not to be construed to make any enduring structural change to the unemployment compensation program or to provide a precedent to seek similar or comparable benefits in the future.

SEC. 2.

 Section 1281.5 is added to the Unemployment Insurance Code, to read:

1281.5.
 (a) Any unemployed individual who, as determined by the director, has been laid off from work or is unable to commence work as a direct result of freezing weather conditions which occurred in this state in December 1998 at the individual’s most recent workplace or regular seasonal workplace whose continuing unemployment is a direct result of the freezing weather and who is otherwise eligible to receive benefits under this part, is eligible for an additional maximum of 26 times his or her weekly benefit amount.
(b) To the extent permitted by federal law, benefits payable under this section shall be available only when an individual has exhausted or is otherwise ineligible for other state or federal unemployment compensation. In the event an individual becomes eligible for federal-state extended unemployment compensation benefits prior to August 8, 1999, that individual shall become ineligible for benefits under this section to the extent he or she is eligible for and receives federal-state extended unemployment benefits.
(c) Benefits shall be payable under this section only pursuant to claims made on or before July 31, 2000.
(d) (1) Any unemployed individual who, as determined by the director, has been unemployed as a direct result of freezing weather conditions that occurred in December 1998 and who opens a claim for benefits on or after August 8, 1999, and can demonstrate that his or her maximum benefits or weekly benefit amount has been reduced as a result of wage credits lost due to the freeze and that he or she is otherwise eligible to receive benefits under this part, shall, at the claimant’s election, have his or her weekly benefit amount and maximum benefits calculated based upon the base period ending December 31, 1998, or the base period established by the claimant’s most recent unemployment insurance claim, whichever is greater.
(2) This subdivision shall be inapplicable in the event that the director makes a determination, after a public hearing, that the earning levels of freeze-affected individuals have not been significantly reduced as a result of freeze-related unemployment, layoffs, or underemployment during the 1999 calendar year.
(e) This section shall remain in effect only until August 1, 2000, and as of that date is repealed.

SEC. 3.

 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 Constitution and shall go into immediate effect. The facts constituting the necessity are:
Because workers of low and moderate income are in need of financial support as soon as possible as a result of an unforeseen natural disaster, it is necessary for this act to take effect immediately.