Bill Text: GA SB294 | 2011-2012 | Regular Session | Introduced
Bill Title: Dignity for the Unemployed Act; require volunteer service hours; nonprofit organization; applicants for unemployment benefits (PF)
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-02-01 - Senate Read and Referred [SB294 Detail]
Download: Georgia-2011-SB294-Introduced.html
12 LC
33 4313
Senate
Bill 294
By:
Senators Albers of the 56th, Rogers of the 21st, Gooch of the 51st, Shafer of
the 48th, Carter of the 1st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating
to determination of eligibility for unemployment benefits generally, so as to
enact the "Dignity for the Unemployed Act"; to require volunteer service hours
with a nonprofit organization for applicants for unemployment benefits; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Dignity for the Unemployed
Act."
SECTION
2.
Code
Section 34-8-195 of the Official Code of Georgia Annotated, relating to
determination of eligibility for unemployment benefits generally, is amended by
revising subsection (a) as follows:
"(a)
An unemployed individual shall be eligible to receive benefits for any week only
if such unemployed individual shows to the satisfaction of the Commissioner that
each of the following conditions has been met:
(1)
The individual has made a claim, has been unemployed or employed less than full
time during the regular work week, and has reported his or her deductible
earnings in accordance with Code Section 34-8-190;
(2)
The individual has registered for work and has continued to report to an
employment office as required by regulations prescribed by the Commissioner. The
Commissioner may, by regulation, waive or alter either or both of the
requirements of this paragraph for cases or situations in which the Commissioner
finds that compliance with the requirements would be oppressive or inconsistent
with the purposes of this chapter;
(3)(A)
The individual is able to work, is available for work, is actively seeking work,
and is bona fide in the labor market; provided, however, that no individual
shall be considered available for work or receive benefits for any period
that:
(i)
The individual is away from work on vacation or leave of absence at the
individual's own request;
(ii)
The individual is away from work for a vacation period as provided in an
employment contract or collective bargaining agreement; or
(iii)
The individual is away from work for a vacation period in the absence of an
employment contract or collective bargaining agreement and such vacation period
is either pursuant to:
(I)
An established employer custom, practice, or policy as evidenced by the previous
year or years; or
(II)
A vacation policy and practice established by the employer by an announcement,
made at least 30 days before the beginning of the scheduled period, of a paid
vacation plan applicable to the employees who meet the eligibility requirements
of the plan.
(B)
In no event shall an employee be held unavailable for work or ineligible for
benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph
for any period of more than two weeks in any calendar year when such employee is
not paid for such period directly or indirectly by the employer or from a fund
to which the employer contributes. The usual eligibility requirements shall
apply to individuals laid off due to lack of work or for a purported vacation
not meeting the conditions set forth in subparagraph (A) of this
paragraph;
(4)
The individual has participated in reemployment services, such as job search
assistance services, if the individual was determined to be likely to exhaust
regular benefits and to need reemployment services pursuant to a profiling
system established by the Commissioner unless the Commissioner determines
that:
(A)
Such individual has completed such reemployment services; or
(B)
There is justifiable cause for such individual's failure to participate in such
reemployment services;
(5)
The individual is willing to work under the same general terms and conditions as
existed since the beginning of the base period;
and
(6)
The individual has been paid sufficient wages for insured work to qualify for a
weekly benefit amount as provided in Code Section
34-8-193;
and
(7)
The individual has performed at least 24 hours of volunteer service per week for
a nonprofit charitable organization which is qualified as exempt from taxation
under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986.
Such organization and service shall be in accordance with any regulations
prescribed by the Commissioner. This paragraph shall not apply to the first two
weeks of eligibility. The Commissioner may, by regulation, waive or alter the
requirements of this paragraph for cases or situations in which the Commissioner
finds that compliance with the requirements would be oppressive or inconsistent
with the purposes of this
chapter."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
