Bill Text: AZ HB2712 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Employment security; federal stimulus options
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2010-02-11 - Referred to House COM Committee [HB2712 Detail]
Download: Arizona-2010-HB2712-Introduced.html
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REFERENCE TITLE: employment security; federal stimulus options |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2712 |
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Introduced by Representatives Sinema, Farley, Meza: Ableser, Bradley, Campbell CH, Chabin, Deschene, Lujan, Pancrazi, Schapira, Tovar
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AN ACT
Amending sections 23-605 and 23-775, Arizona Revised Statutes; amending title 23, chapter 4, article 6, Arizona Revised Statutes, by adding section 23-795; relating to employment security.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-605, Arizona Revised Statutes, is amended to read:
23-605. Base period
A. "Base period" means either:
1. The first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year, except that the base period of an individual whose new benefit year overlaps his last preceding benefit year shall consist of those four completed calendar quarters immediately following his previous base period.
2. The last four completed calendar quarters immediately preceding the first day of the individual's benefit year.
B. For the purposes of establishing a benefit year, the department shall initially use the first four of the last five completed calendar quarters as the base period. If a benefit year is not established using the first four of the last five calendar quarters as the base period, the department shall use the last four completed calendar quarters as the base period.
C. Computations using the last four completed calendar quarters shall be based on available wage items processed as of the close of business on the day preceding the date of application. The department shall promptly contact employers to request assistance in obtaining wage information for the last completed calendar quarter if it has not been reported at the time of initial application.
Sec. 2. Section 23-775, Arizona Revised Statutes, is amended to read:
23-775. Disqualification from benefits
An individual shall be disqualified for benefits:
1. For the week in which the individual has left work voluntarily without good cause in connection with the employment, and in addition to the waiting week, for the duration of the individual's unemployment and until the individual has earned wages in an amount equivalent to five times the individual's weekly benefit amount otherwise payable. If a person leaves because of transportation difficulties, the individual shall be disqualified unless the individual can show the individual's travel requirements are in excess of the normal practice in the individual's occupation and past practice or that the individual has compelling personal circumstances requiring the individual's leaving. Compelling personal circumstances shall include but are not limited to a showing of any of the following:
(a) Over thirty miles distance from the individual's home to work.
(b) More than one and one‑half hours to reach work.
(c) A worker leaving work due to a change in location of the employment of the worker's spouse that necessitates a new place of residence for the worker from which it is impractical to commute to the worker's place of employment, if at the new place of residence the worker is in all respects available for suitable work.
2. For the week in which the individual has been discharged for wilful or negligent misconduct connected with the employment, and in addition to the waiting week, for the duration of the individual's unemployment and until the individual has earned wages in an amount equivalent to five times the individual's weekly benefit amount otherwise payable.
3. For any week with respect to which or a part of which the individual has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States, but if the appropriate agency of the other state or of the United States finally determines that the individual is not entitled to unemployment benefits, the ineligibility shall not apply.
4. For the week in which the individual becomes unemployed and for not more than the following three weeks, if the individual's unemployment is due solely to a customary suspension of all operations, except maintenance work, at the factory, plant or other premises at which the individual was last employed, which will not occur more than once in a calendar year and will not exceed four consecutive weeks' duration, and the employment will again be available to the individual on resumption of operations. For the purposes of this paragraph:
(a) "Customary suspension" means a suspension that has occurred for the same or similar reasons in each of three consecutive years or more, including the year in question, regardless of whether the suspension in any previous year would have satisfied the requirements of this paragraph. A suspension provided for by an agreement to which the employer is a party shall be considered customary unless the agreement specifies the exact time, duration, type and circumstances of the suspension. Any suspension whose details are determined by the employer shall be considered customary, regardless of the employer's ultimate reason for imposing it, as long as the employer's reason or reasons are the same or similar over the necessary period.
(b) "Factory, plant or other premises" means any location or premises or portion of locations or premises of the employer where the work or operations are separate and distinct from those at other locations or premises or portions of locations or premises, regardless of geographic proximity or functional, geographic or administrative integration of the work or operations.
(c) "Maintenance work" has its usual meaning and includes any administrative, executive, clerical or supervisory work or any other work necessary to keep the factory, plant or other premises in a position to resume full operations promptly at the end of the suspension or necessary to pay, supervise or otherwise support individuals performing such work.
5. For any week in which the individual is incarcerated.
Sec. 3. Title 23, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 23-795, to read:
23-795. Training extension benefits
A. An individual who is otherwise eligible for regular benefits is eligible for training extension benefits if the department determines that all of the following criteria are met:
1. The individual is unemployed.
2. The individual has exhausted all rights to regular unemployment benefits, to extended benefits and to benefits under Public Law 111-5, title II, subdivision B, section 2002 (February 17, 2009).
3. The individual is enrolled in a training program approved by the department or in a job training program approved by the secretary of labor under 19 United States Code section 2296. The training program must prepare the individual for entry into a high demand occupation, if the department determines that the individual separated from a declining occupation or has been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment. For the purposes of this paragraph:
(a) "Declining occupation" means an occupation where there is a lack of sufficient current demand in the individual's labor market area for the occupational skills for which the individual is qualified by training and experience or current physical or mental capacity and the lack of employment opportunities is expected to continue for an extended period of time, or the individual's occupation is one for which there is a seasonal variation in demand in the labor market and the individual has no other skills for which there is current demand.
(b) "High demand occupation" means an occupation in a labor market area where work opportunities are available and qualified applicants are lacking as determined by the use of available labor market information.
4. The individual is making satisfactory progress to complete the training as determined by the department.
5. The individual is not receiving similar stipends or other training allowances for nontraining costs.
B. The weekly training extension benefit equals the individual's weekly benefit amount for the most recent benefit year less any deductible income as determined pursuant to this chapter. The total amount of training extension benefits payable to an individual is twenty-six times the individual's average weekly benefit amount for the most recent benefit year.
