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

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Date Published: 09/01/2020 09:00 PM
AB1993:v95#DOCUMENT

Enrolled  September 01, 2020
Passed  IN  Senate  August 27, 2020
Passed  IN  Assembly  August 30, 2020
Amended  IN  Senate  August 20, 2020
Amended  IN  Senate  July 08, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1993


Introduced by Assembly Members Kamlager and Gonzalez
(Principal coauthor: Senator Hueso)
(Coauthors: Assembly Members Calderon, Gloria, Gray, Holden, Kalra, Medina, Weber, Aguiar-Curry, Chiu, Grayson, Mayes, Reyes, Wood, Chen, Eduardo Garcia, Santiago, and Lackey)
(Coauthors: Senators Allen, Caballero, Dodd, Lena Gonzalez, Hertzberg, and Wiener)

January 27, 2020


An act to amend Sections 631 and 702.5 of the Unemployment Insurance Code, relating to unemployment compensation, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1993, Kamlager. Unemployment and disability insurance: benefits: in-home supportive services and waiver personal care services.
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.
Vote: 2/3   Appropriation: NO   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 18 years of age in the employ of their father or mother, or service performed by an individual in the employ of 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 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 those services performed by 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). Upon the written approval of the election by the director, those services shall be deemed to constitute employment subject to that part from and after the date stated in the approval.
(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.