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AB-1993 Unemployment insurance: benefits.(2019-2020)

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Date Published: 01/27/2020 09:00 PM
AB1993:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1993


Introduced by Assembly Member Kamlager

January 27, 2020


An act to amend Section 631 of the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor, to take effect immediately, tax levy.


LEGISLATIVE COUNSEL'S DIGEST


AB 1993, as introduced, Kamlager. Unemployment insurance: benefits.
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 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.
By contributing additional moneys to a continuously appropriated fund, the bill would make an appropriation.
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 include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature.
This bill would take effect immediately as a tax levy.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


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 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, “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.
(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, as other employees providing In-Home Supportive Services.

SEC. 2.

 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. 3.

 This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.