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       Senate Engrossed
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  State of Arizona
  Senate
  Forty-ninth
  Legislature
  First Regular Session
  2009
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       CHAPTER 3
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    SENATE BILL 1322
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AN ACT

AMENDING SECTIONS 23-630 AND 23-636, ARIZONA REVISED STATUTES; 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 23-630, Arizona Revised Statutes, is amended to read:

23-630. On and off indicators

A. There is an Arizona on indicator for a week if the department determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of such week and the immediately preceding twelve weeks:

1. The rate of insured unemployment in this state, not seasonally adjusted:

(a) Equaled or exceeded one hundred twenty per cent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and

(b) Equaled or exceeded five per cent; or

2. The rate of insured unemployment in this state, not seasonally adjusted, equaled or exceeded six per cent; OR

3. WITH RESPECT TO BENEFITS FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER JANUARY 31, 2009:

(a) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT, SEASONALLY ADJUSTED, ACCORDING TO THE UNITED STATES SECRETARY OF LABOR, FOR THE PERIOD CONSISTING OF THE MOST RECENT THREE MONTHS FOR WHICH DATA FOR ALL STATES ARE PUBLISHED BEFORE THE CLOSE OF SUCH WEEK EQUALS OR EXCEEDS SIX AND ONE-HALF PER CENT; AND

(b) THE AVERAGE RATE OF TOTAL UNEMPLOYMENT IN THIS STATE, SEASONALLY ADJUSTED, ACCORDING TO THE UNITED STATES SECRETARY OF LABOR, FOR THE THREE MONTH PERIOD DESCRIBED IN SUBDIVISION (a) OF THIS PARAGRAPH, EQUALS OR EXCEEDS ONE HUNDRED TEN PER CENT OF SUCH AVERAGE FOR EITHER OR BOTH THE CORRESPONDING THREE MONTH PERIODS ENDING IN THE TWO PRECEDING CALENDAR YEARS.

B. There is an Arizona off indicator for a week unless the department determines in accordance with the regulations of the United States secretary of labor that for the period consisting of such week and the immediately preceding twelve weeks the conditions of subsection A, paragraph 1, or 2 OR 3 are satisfied.

C. SUBSECTION A, PARAGRAPH 3 ONLY APPLIES FROM AND AFTER JANUARY 31, 2009 UNTIL THE WEEK ENDING THREE WEEKS BEFORE THE LAST WEEK THE FEDERAL SHARING IS AUTHORIZED BY PUBLIC LAW 111-5, SECTION 2005(a) OR THE WEEK ENDING DECEMBER 12, 2009, WHICHEVER IS LATER.

D. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE GOVERNOR SHALL SUSPEND THE PAYMENT OF EXTENDED BENEFITS UNDER THIS CHAPTER TO THE EXTENT NECESSARY TO ENSURE THAT OTHERWISE ELIGIBLE INDIVIDUALS ARE NOT DENIED, IN WHOLE OR IN PART, THE RECEIPT OF EMERGENCY UNEMPLOYMENT COMPENSATION BENEFITS AUTHORIZED BY THE FEDERAL SUPPLEMENTAL APPROPRIATIONS ACT OF 2008 (P.L. 110-252), THE UNEMPLOYMENT COMPENSATION EXTENSION ACT OF 2008 (P.L. 110-449) AND THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (P.L. 111-5) AND THAT THIS STATE RECEIVES THE MAXIMUM REIMBURSEMENT FROM THE FEDERAL GOVERNMENT FOR THE PAYMENT OF THOSE EMERGENCY BENEFITS.

Sec. 2. Section 23-636, Arizona Revised Statutes, is amended to read:

23-636. Total extended benefit amount; certain adjustments

A. EXCEPT AS PROVIDED IN SUBSECTION D OF THIS SECTION, the total extended benefit amount payable to an eligible individual with respect to his applicable benefit year shall be the least of the following amounts:

1. Fifty per cent of the total amount of regular benefits which were payable to him under this chapter in his applicable benefit year; or

2. Thirteen times his weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the applicable benefit year.

B. If the amount computed in accordance with subsection A OR D OF THIS SECTION is not a multiple of one dollar, it shall be computed to the next lower multiple of one dollar.

C. Notwithstanding any other provision of this chapter, if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced by the product of the number of weeks for which the individual received any trade readjustment allowances within that benefit year, multiplied by the individual's weekly extended benefit amount.

D. WITH RESPECT TO A HIGH UNEMPLOYMENT PERIOD, THE AMOUNTS IN SUBSECTION A OF THIS SECTION SHALL BE APPLIED BY SUBSTITUTING THE FOLLOWING:

1. IN SUBSECTION A, PARAGRAPH 1 OF THIS SECTION, EIGHTY FOR FIFTY.

2. IN SUBSECTION A, PARAGRAPH 2 OF THIS SECTION, TWENTY FOR THIRTEEN.

E. SUBSECTION D OF THIS SECTION ONLY APPLIES FROM AND AFTER JANUARY 31, 2009 UNTIL THE WEEK ENDING THREE WEEKS BEFORE THE LAST WEEK THE FEDERAL SHARING IS AUTHORIZED BY PUBLIC LAW 111-5, SECTION 2005(a) OR THE WEEK ENDING DECEMBER 12, 2009, WHICHEVER IS LATER.

F. FOR THE PURPOSES OF SUBSECTION D OF THIS SECTION, "HIGH UNEMPLOYMENT PERIOD" MEANS ANY PERIOD DURING WHICH AN EXTENDED BENEFIT PERIOD APPLIES IF EIGHT PER CENT IS SUBSTITUTED FOR SIX AND ONE-HALF PER CENT IN SECTION 23-630, SUBSECTION A, PARAGRAPH 3, SUBDIVISION (a).

Sec. 3. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

APPROVED BY THE GOVERNOR APRIL 24, 2009.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 2009.