BILL NUMBER: AB 1107	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 29, 2008
	AMENDED IN SENATE  JULY 10, 2008
	AMENDED IN SENATE  JUNE 24, 2008
	AMENDED IN SENATE  AUGUST 28, 2007
	AMENDED IN SENATE  JULY 11, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007

INTRODUCED BY   Assembly Member Arambula
   (Principal coauthor: Senator Florez)
   (Coauthors: Assembly Members Beall, Brownley, Coto, Dymally,
Furutani, Huffman, Levine, Portantino, Ruskin, Swanson, and Torrico)

                        FEBRUARY 23, 2007

   An act to add and repeal Sections 1252.3 and 1279.1 of the
Unemployment Insurance Code, relating to unemployment compensation,
making an appropriation therefor, and declaring the urgency thereof,
to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1107, Arambula. Unemployment compensation benefits:
drought-related unemployment.
   Existing law provides that an individual is considered "unemployed"
for the purpose of eligibility for unemployment compensation
benefits if, for any week of less than full-time work, the wages
payable to the individual for that week, when reduced by $25 or 25%
of the wages payable, whichever is greater, do not equal or exceed
the individual's unemployment weekly benefit amount. Existing law
provides for the calculation of unemployment benefits.
   This bill would provide that an individual who has been laid off
from his or her most recent work, or is unable to commence work at
his or her regular or seasonal workplace, as a direct result of the
drought conditions in June 2008, as specified, shall be considered
"unemployed" for the purpose of eligibility for unemployment
compensation benefits if the individual worked or was scheduled to
commence work in a county specifically designated by the Governor as
being in a state of emergency, as provided, and for any week of less
than full-time work, the wages payable to the individual for that
week, when reduced by $200, do not equal or exceed the individual's
unemployment weekly benefit amount. This bill would require the
payment of unemployment compensation to an individual under these
circumstances in a weekly amount equal to his or her weekly benefit
amount less the amount of wages in excess of $200 payable for that
week, with benefits subject to the regular one-week waiting period.
   This bill would provide for the repeal of these provisions on
January 1, 2009.
   Existing law provides that unemployment compensation benefits are
paid from the Unemployment Fund, a continuously appropriated special
fund. By expanding benefits payable from the fund, this bill would
make an appropriation.
   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.  Section 1252.3 is added to the Unemployment Insurance
Code, to read:
   1252.3.  (a) Notwithstanding Section 1252, an individual is also
"unemployed," as determined by the director, if all of the following
conditions are satisfied:
   (1) The individual has been laid off from his or her most recent
work, or is unable to commence work at his or her regular or seasonal
workplace, as a direct result of drought conditions that occurred in
this state beginning June 4, 2008, and continuing.
   (2) The individual worked or was scheduled to commence work in a
county specifically designated by the Governor as being in a state of
emergency as a result of the drought conditions beginning June 4,
2008, and continuing.
   (3) The individual's continuing unemployment is a direct result of
drought conditions.
   (4) The wages payable to the individual for any week of less than
full-time work, when reduced by two hundred dollars ($200), do not
equal or exceed the individual's weekly benefit amount.
   (5) The individual is otherwise eligible to receive benefits under
this part.
   (b) This section shall become inoperative and shall be repealed on
January 1, 2009.
  SEC. 2.  Section 1279.1 is added to the Unemployment Insurance
Code, to read:
   1279.1.  (a) Notwithstanding Section 1279, an individual who is
unemployed for any week pursuant to Section 1252.3 shall be paid with
respect to that week an unemployment compensation benefit in an
amount equal to his or her weekly benefit amount less the amount of
wages in excess of two hundred dollars ($200) payable to him or her
for work performed during that week. Benefits shall be payable for
weeks of unemployment after allowing for the waiting period required
by subdivision (d) of Section 1253. The benefit payment, if not a
multiple of one dollar ($1), shall be computed to the next higher
multiple of one dollar ($1).
   (b) For the purposes of this section, "wages" includes any and all
compensation for personal services whether performed as an employee,
an independent contractor, or a juror or witness, but does not
include any payments, regardless of their designation, made by a city
in this state to an elected official of the city as an incident to
that public office, or any payment made to a member of the National
Guard or reserve component of the Armed Forces for inactive duty
training, annual training, or emergency state active duty.
   (c) This section shall become inoperative and shall be repealed on
January 1, 2009.
  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.