General Guidance in Reading the California Unemployment

General Guidance in Reading the California Unemployment

California’s statutes are contained in 29 separate codes. The twenty-sixth alphabetically is the Unemployment Insurance Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Unemployment Insurance Code:

Section 1 – This Act is known as the Unemployment Insurance Code.

Section 2 – The provisions of this Code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, are to be construed as restatements and continuations, and not as new enactments.

Section 4 – Unless the context otherwise requires, the general provisions set forth govern the construction of this Code.

Section 5 – Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this Code.

Section 6 – Whenever a power is granted to, or a duty imposed on any person or board by any provision of this Code, it may be exercised or performed by any deputy or person authorized by the person or board to whom the power is granted or on whom the duty is imposed, unless it is expressly provided that the power or duty must be exercised or performed only by the person or board to whom the power is granted or on whom the duty is imposed.

Section 7 – Whenever any reference is made to any portion of this Code or of any other law, the reference applies to all amendments and additions, now or later made.

Section 8 – The term “writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, petition, permit, statement, or record is required by this Code, it must be made in writing in the English language.

Section 10 – The present tense includes the past and future tenses; and the future tense includes the present.

Section 11 – The masculine gender includes the feminine and neuter.

Section 11.2 – The term “spouse” includes “registered domestic partner.”

Section 13 – The singular number includes the plural and the plural the singular.

Section 15 – The term “shall” is mandatory and “may” is permissive.

Section 16 – The term “oath” includes affirmation and written certification or declaration subscribed to be true under penalty of perjury.

Section 17 – The terms “signature” or “subscription” includes mark. The mark must be made as required in the Civil Code.

Section 18 – If any provision of this Code, or its application to any person or circumstance is held invalid, the remainder of the Code, or the application of the provision to other persons or circumstances is not affected.

Section 20 – Whenever any reference is made to any person, officer, board, or agency by any provision of this Code, the reference applies to any other person, officer, board, or agency to whom the functions vested in the person, officer, board, or agency referred to are transferred.

Section 21 – The Legislature hereby declares its intent that the term “workmen’s compensation” is also to be known as “workers’ compensation.” In furtherance of this policy, it is the desire of the Legislature that references to the term “workmen’s compensation” in this Code be changed to “workers’ compensation” when the code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law.