Bill Text: CA SB227 | 2023-2024 | Regular Session | Enrolled

California Senate Bill 227

Bill Title: Unemployment: Excluded Workers Program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2024-09-28 - In Senate. Consideration of Governor's veto pending. [SB227 Detail]

Download: California-2023-SB227-Enrolled.html

Enrolled September 03, 2024

Passed IN Senate August 29, 2024

Passed IN Assembly August 28, 2024

Amended IN Assembly August 22, 2024

Amended IN Assembly August 19, 2024

Amended IN Senate April 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 227

Introduced by Senator Durazo
(Principal coauthor: Assembly Member Santiago)
(Coauthor: Assembly Member Wendy Carrillo)

January 19, 2023

An act to add Chapter 2 (commencing with Section 2020) to Part 8 of Division 2 of the Labor Code, relating to unemployment.

LEGISLATIVE COUNSEL'S DIGEST

SB 227, Durazo. Unemployment: Excluded Workers Program.

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 (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 require, on or before March 31, 2025, the department to develop a detailed plan to establish a permanent Excluded Workers Program to provide cash assistance that resembles unemployment insurance benefits to unemployed workers who are ineligible for unemployment insurance due to their immigration status, as specified, and submit the plan to the appropriate fiscal and policy committees of each house of the Legislature, the Department of Finance, and the Legislative Analyst’s Office. The bill would require the Legislative Analyst’s Office to review the plan and report any findings or recommendations to the appropriate fiscal and policy committees of each house of the Legislature and the Department of Finance, no later than 3 months after the department submits the plan.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 2 (commencing with Section 2020) is added to Part 8 of Division 2 of the Labor Code, to read:

CHAPTER 2. Excluded Workers Program

2020.

(a) On or before March 31, 2025, the Employment Development Department shall take both of the following actions:

(1) Develop a detailed plan to establish a permanent Excluded Workers Program to provide cash assistance that resembles unemployment insurance benefits to unemployed workers who are ineligible for unemployment insurance due to their immigration status. The plan shall include all of the following:

(A) An itemized cost estimate to establish an Excluded Workers Program.

(B) A summary of technological infrastructure and other updates needed to process Excluded Workers Program applications and provide timely and accurate payment of benefits.

(C) A summary of technological infrastructure and other program elements that can be incorporated into EDDNext modernization efforts, including utilizing any technology or other resources developed to improve access to the State Disability Insurance and Paid Family Leave programs for undocumented workers.

(2) Submit the plan described in paragraph (1) to the appropriate fiscal and policy committees of each house of the Legislature, the Department of Finance, and the Legislative Analyst’s Office, notwithstanding Section 9795 of the Government Code.

(b) No later than three months after the Employment Development Department submits the plan described in paragraph (1) of subdivision (a), the Legislative Analyst’s Office shall review the plan and report any findings or recommendations to the appropriate fiscal and policy committees of each house of the Legislature and the Department of Finance. The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(c) For purposes of this section, “EDDNext modernization efforts” has the same meaning as described in Provision 2 of Item 7100-001-0588 of the Budget Act of 2022 and subsequent budget acts.