BILL ANALYSIS Ó
SB 1314
Page 1
SENATE THIRD READING
SB 1314 (Monning)
As Amended June 19, 2014
Majority vote
SENATE VOTE :36-0
INSURANCE 13-0 APPROPRIATIONS 17-0
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|Ayes:|Perea, Hagman, Allen, |Ayes:|Gatto, Bigelow, |
| |Bradford, | |Bocanegra, Bradford, Ian |
| |Ian Calderon, Cooley, | |Calderon, Campos, |
| |Dababneh, Frazier, Beth | |Donnelly, Eggman, Gomez, |
| |Gaines, Gonzalez, Olsen, | |Holden, Jones, Linder, |
| |V. Manuel Pérez, | |Pan, Quirk, |
| |Wieckowski | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Extends the time to appeal unemployment insurance (UI)
decisions from 20 to 30 days.
EXISTING LAW :
1)Establishes the UI system to provide partial wage replacement
benefits to workers who lost their job through no fault of
their own.
2)Permits employers and claimants to appeal UI determinations
made by the Employment Development Department (EDD).
3)Requires appeals to be filed within 20 days of the claimant or
employer receiving notice of EDD's determination.
4)Establishes the California Unemployment Insurance Appeals
Board to hear appeals of UI determinations made by EDD.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor and absorbable costs to EDD to revise various forms,
notices, and publications with the new response timeframe
SB 1314
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(Unemployment Administration Fund).
2)Because EDD currently has flexibility to grant benefits if
appeals are submitted late, this bill is not expected to
affect a large number of people. EDD submits all appeals
received to the California UI Appeals Board, even they are
received them after the 20-day deadline. If an appeal is
submitted late, the claimant must explain to the
Administrative Law Judge why the appeal was late, and the
Judge may decide the claimant had good cause for the late
submission, and grant UI benefits regardless of missing the
deadline. However, on the margins, the bill could increase
the number of individuals receiving UI benefits. If 100
individuals statewide, out of the approximately 400,000
appeals closed annually, are able to appeal and receive an
average of 15 weeks of UI benefits as a result of the
increased time this bill allows for appeals, increased costs
of about $450,000 (Unemployment Fund).
COMMENTS :
Purpose. According to the author, many Californians who have
been denied unemployment benefits are not able to meet the
current 20-day deadline to file an appeal because they have been
unable to contact an EDD representative or because they were not
able to receive call-backs from their caseworkers.
Unfortunately, these delays have resulted in claimants missing
an appeals deadline to challenge the unemployment insurance
benefit decision. This bill will extend the deadline to appeal
the denial by EDD of unemployment insurance benefits from 20 to
30 days. This extension will allow sufficient time for
claimants to: 1) consult with English-as-a-second-language
interpreters; 2) seek outside professional or legal counsel; 3)
seek accommodation for special-needs; and/or 4) if corrections
or revisions are necessary, provide enough time to submit the
required documents by mail.
Analysis Prepared by : Paul Riches / INS. / (916) 319-2086
FN: 0004935
SB 1314
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