Bill Text: CA AB2847 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Unemployment: Excluded Workers Pilot Program.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Vetoed) 2022-09-28 - Vetoed by Governor. [AB2847 Detail]
Download: California-2021-AB2847-Amended.html
TWO_THIRDSMAJORITY
Appropriation:
YESNO
Fiscal Committee:
YES
Local Program:
NO
Department. Department, upon appropriation by the Legislature of sufficient funds to carry out the program. 2023, 2024, and December 31, 2023, 2024, inclusive, if the director finds all of the following: 2023, 2024, and December 31, 2023, 2024, inclusive. SEC. 3.
The Legislature finds and declares that Section 2 of this act, which adds Section 2024 to the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Bill Title: Unemployment: Excluded Workers Pilot Program.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Vetoed) 2022-09-28 - Vetoed by Governor. [AB2847 Detail]
Download: California-2021-AB2847-Amended.html
Amended
IN
Assembly
May 19, 2022 |
Amended
IN
Assembly
April 21, 2022 |
Amended
IN
Assembly
April 18, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2847
Introduced by Assembly Member Eduardo Garcia (Coauthors: Assembly Members Mia Bonta, Calderon, Cristina Garcia, Gipson, Jones-Sawyer, Luz Rivas, Robert Rivas, Blanca Rubio, and Santiago) (Coauthors: Senators Caballero, Durazo, and Hueso) |
February 18, 2022 |
An act to add and repeal Chapter 2 (commencing with Section 2020) of Part 8 of Division 2 of the Labor Code, relating to unemployment, and making an appropriation therefor. unemployment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2847, as amended, Eduardo Garcia.
Unemployment: Excluded Workers Pilot Program.
(1) Existing law authorizes the payment of unemployment compensation benefits and requires that they be made in accordance with regulations of the Director of Employment Development. Existing law generally requires the Employment Development Department to promptly pay benefits if claimants are eligible or to promptly deny benefits if they are ineligible. Existing law prohibits payment of unemployment compensation benefits for services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, as specified.
This
bill would establish, until January 1, 2026, the Excluded Workers Pilot Program, to be administered by the Employment Development Department, Department upon appropriation by the Legislature, for the purpose of providing income assistance to excluded workers who are not eligible for the existing state or federal benefits administered by the Employment Development Department and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment, if the Director of Employment Development makes certain findings, as defined and specified. The bill would require the department to promulgate regulations to implement the program, including regulations providing for an application process, as specified.
The bill would prohibit the
department from requesting or compelling certain information from individuals in connection with administering the program and would prohibit the department from retaining specified documents for longer than necessary to administer benefits. The bill would also prohibit, except as specified, disclosures of personal information, as defined.
The bill would require the department, on or before January 1, 2025, to submit a report to the Governor and the Legislature that makes recommendations for establishing a permanent unemployment insurance benefit program for workers excluded from the unemployment insurance system based on their immigration status, as specified.
The bill
would appropriate $690,000,000 from the General Fund to the department for purposes of carrying out, implementing, and administering the program.
(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:(a) In setting up a system of unemployment insurance benefits, the Legislature recognized that private charity and local relief cannot alone prevent the effects of unemployment. Created in 1935, the unemployment insurance system serves two interlaced purposes: providing income support to workers so they can meet the basic needs of their family if they lose their jobs, and helping to sustain consumer demand during economic downturns by providing a continuing stream of dollars for families to spend in their local economies. Most workers who have become unemployed or underemployed through no
fault of their own are eligible to receive unemployment insurance benefits and they, their families,
and the California economy reap the benefits of this lifesaving program. However, due to historically racial exclusions, many of California’s most vulnerable workers are entirely excluded from the program.
(b) The COVID-19 pandemic and the subsequent economic downturn caused millions of workers in California to lose their jobs and source of livelihood. Estimates from the Legislative Analyst’s Office show that 6 in 10 California workers worked jobs that could not be done remotely, increasing their chances of contracting COVID-19. Most of these workers were women, people of color, and immigrants who worked in some of the most hazardous and low-paid jobs, including fast food, grocery, garment, manufacturing, construction, and others.
(c) Despite paying millions of
dollars in state and local taxes and making up one-sixteenth of the California workforce, undocumented immigrants are categorically excluded from unemployment insurance. As of January 1, 2022, Section 1264 of the Unemployment Insurance Code provides that unemployment insurance benefits, extended duration benefits, and federal-state extended benefits shall not be payable to a noncitizen unless the individual “was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed[.]” During the COVID-19 pandemic, undocumented immigrant workers were also unable to access programs such as Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation, and Pandemic Emergency Unemployment
Compensation. These programs were a crucial lifeline for the one in six adults that received these benefits at the height of the crisis. Studies have shown that beyond curtailing poverty, these benefits substantially reduced hardship and improved the well-being of households, including recipients’ financial stability and mental health. Yet, some of California’s most vulnerable workers have been and remain completely excluded from these programs.
(d) Immigrant workers make up a significant percentage of workers in many of the industries that experienced the highest rates of joblessness and low wages predating the COVID-19 pandemic. The impact of this job loss threatens the livelihoods of millions of Californians, in addition to the unemployed workers themselves. An estimated one in three undocumented residents is a parent and more than
one in eight schoolaged children in California have a parent who is an undocumented immigrant. Without the support of essential safety net programs like unemployment insurance, many immigrant families are forced to exhaust their life savings, accumulate debt, and compromise their health to simply afford basic necessities like rent and food.
(e) California’s economy also suffers by excluding undocumented workers from this program. By partially replacing unemployed workers’ earnings, unemployment insurance (UI) benefits help alleviate the inherent reduction in consumption and economic activity that results when there is a drastic increase in unemployment. Economists maintain that UI benefits produce at least $1.61 of economic stimulus for every $1 of benefits paid. Indeed, one economist found that during the Great Recession, every $1 of
UI benefits produced about $2 dollars of economic impact. Similarly, UI benefits help employers and the labor market by supporting workers to find the best matched positions.
(f) While the COVID-19 pandemic has highlighted the extreme consequences of undocumented workers’ exclusion from unemployment insurance, this problem has existed for decades and it will only become more urgent. Wildfires, severe weather events, economic fluctuations, seasonal changes in workforce needs—all of these factors will continue to cause unemployment. And for most low-income individuals, unemployment without a safety net is a crisis no matter when it occurs.
(g) To rectify the unjust exclusion of immigrant workers from an essential social safety net program and build a safer and more resilient
economy, this bill would require the Employment Development Department to establish an Excluded Workers Pilot Program to provide weekly monetary assistance to unemployed workers who are not eligible for state or federal unemployment insurance benefits due to their immigration status.
(h) Additionally, this bill would direct the Employment Development Department to study and make recommendations for the establishment of a permanent wage replacement program for unemployed individuals who are ineligible for unemployment insurance due to their immigration status. The department will be required to issue a written report summarizing its recommendations, which will include an evaluation of the Excluded Workers Pilot Program and incorporate feedback from key stakeholders, including community-based organizations who work directly with undocumented
workers.
SEC. 2.
Chapter 2 (commencing with Section 2020) is added to Part 8 of Division 2 of the Labor Code, to read:CHAPTER 2. Excluded Workers Pilot Program
2020.
(a) This chapter establishes the Excluded Workers Pilot Program, which shall be administered by the Employment Development(b) The purpose of the Excluded Workers Pilot Program is to provide income assistance to excluded workers who are not eligible for the state or federal benefits administered by the Employment Development Department and who are unemployed.
(c) It is the intent of the Legislature to allow persons who are not lawfully present in the United States, as members of the class of workers excluded from unemployment insurance benefits, to participate in and receive disbursements from the Excluded Workers Pilot Program, and this chapter is therefore enacted pursuant to subsection (d) of Section 1621 of Title 8 of the United States Code.
2021.
For purposes of this chapter, the following definitions apply:(a) “Department” means the Employment Development Department of the Labor and Workforce Development Agency.
(b) “Director” means the Director of Employment Development.
(c) “Employee” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2775.
(d) “Individual” means a person who is applying for or receiving disbursements from the program.
(e) “Personal information” means any type of information that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, taxpayer identification number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.
(f) “Program” means the Excluded Workers Pilot Program.
(g) “Wages” has the same meaning as defined in Section 926 of the Unemployment Insurance Code.
(h) “Week of unemployment” means a week during which the individual performs no work and earns no wages.
2022.
(a) An individual shall be eligible to receive program benefits with respect to any week that falls between January 1,(1) The individual resides in California at the time of the application.
(2) The individual performed at least 93 hours of work or earned at least one thousand three hundred dollars ($1,300) in gross wages over the course of three calendar months, which do not need to be consecutive, for work performed in California as an employee within the 12 months preceding their application for benefits.
(3) The individual experienced a week of unemployment during that week.
(4) The individual is ineligible to receive unemployment insurance benefits under subdivision (a) of Section 1264 of the Unemployment Insurance Code or under subsection (a) of Section 604.3 of Title 20 of the Code of Federal Regulations for reasons related to the individual’s authorization to work.
(b) Notwithstanding any other law, an individual shall be eligible to receive benefits from the program regardless of their immigration status provided they meet the eligibility requirements set forth in subdivision (a).
(c) Notwithstanding subdivision (a), an individual shall not be eligible to receive payments from the program for any week in which the individual received paid family leave pursuant to Chapter 7 (commencing with Section 3300) of Part 2 of Division 1 of the Unemployment Insurance Code or disability benefits pursuant to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code.
2023.
(a) On or before January 1, 2024, the department shall promulgate regulations to administer the program. The regulations shall do all of the following, at a minimum: set forth a process by which individuals may apply for the benefits under this chapter, a process for notifying individuals of the acceptance or denial of their application in a timely manner, and a process for individuals to request a review of the denial.(b) In administering the program established by this chapter, the department shall not take any of the following actions:
(1) Requesting, orally or in writing, an individual’s nationality, place
of birth, or eligibility or ineligibility for a social security number.
(2) Compelling or requesting an individual to admit in writing whether they have proof of lawful presence in the United States.
(3) Contacting an individual’s current, former, or prospective employer for any purpose, including to verify employment status. This paragraph does not prohibit the department from using other means to verify past employment.
(4) Recording an individual’s immigration or citizenship status.
(c) The department and any entity acting as an agent for the
department shall not retain the documents or copies of documents submitted by applicants for this program for any longer than necessary to administer benefits.
(d) The department shall begin accepting applications as soon as practicable following the issuance of final regulations to administer the program.
2024.
(a) Personal information and documents collected under this chapter are confidential, exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and may be used or disclosed only for purposes of administering the program, except where necessary to comply with an order, warrant, or subpoena, each if issued by a court.(b) In carrying out the services and programs created by this chapter, the department shall establish procedures and safeguards against unauthorized access to, and use of, personal information collected by the department pursuant to this chapter by any person or
entity, public or private, other than an employee of the department or a person or entity acting as an agent for the department for the purpose of administering the program.
2025.
(a) Any individual found eligible for the program shall receive a payment in the amount of three hundred dollars ($300) for each week of unemployment occurring between January 1,(b) The total number of weeks of unemployment for which a covered individual may receive assistance
under this chapter shall not exceed 20 weeks.
2026.
(a) On or before January 1, 2025, the department shall submit a report to the Governor and the Legislature. The report shall make recommendations for establishing a permanent unemployment insurance benefit program for workers excluded from the unemployment insurance system based on their immigration status.(b) The agency shall develop the recommendations described in subdivision (a) based on considerations and information, including, but not limited to, an evaluation of the program, research on the target population, assessment of the options for how to fund and administer the program, and stakeholder input.
(c) The department shall develop a process to solicit stakeholder input described in subdivision (b) throughout the planning and implementation of the program. The process shall include stakeholder listening sessions and a stakeholder survey. Stakeholders who shall be solicited include, but are not limited to, community-based organizations that work directly with workers excluded from unemployment insurance based on their immigration status.
2027.
This chapter shall remain in effect only until January 1, 2026, and as of that date is repealed.The sum of six hundred ninety million dollars ($690,000,000) is hereby appropriated from the General Fund to the Employment Development Department for the purposes of carrying out the provisions of this
act.
SEC. 4.SEC. 3.
The Legislature finds and declares that Section 2 of this act, which adds Section 2024 to the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The act strikes a balance between furthering the public interest in rectifying the unjust exclusion of immigrant workers from essential social safety net programs like unemployment insurance and protecting the privacy of individuals receiving or applying for the benefits outlined in this act.