Bill Text: CA AB400 | 2021-2022 | Regular Session | Amended

California Assembly Bill 400 (Prior Session Legislation)

Bill Title: Unemployment insurance: Unemployment Insurance Oversight Advisory Board.

Spectrum: Slight Partisan Bill (Democrat 5-1-1)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB400 Detail]

Download: California-2021-AB400-Amended.html

Amended IN Assembly April 21, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 400

Introduced by Assembly Members Petrie-Norris, Chiu, Lackey, Mayes, Nazarian, Santiago, and Wicks

February 03, 2021

An act to add Chapter 2.5 (commencing with Section 501) to Part 1 of Division 1 of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL'S DIGEST

AB 400, as amended, Petrie-Norris. Unemployment insurance: Unemployment Insurance Oversight Advisory Board.

Existing law authorizes the Employment Development Department to administer the state unemployment and disability compensation programs. Existing law requires the department, among other duties, to make unemployment and disability compensation payments, as prescribed.

This bill would establish the Unemployment Insurance Oversight Advisory Board (board) in the Labor and Workforce Development Agency as an advisory body to review the operations of the Employment Development Department (department) under the state unemployment and disability compensation programs and make recommendations to the ~~Employment Development Department,~~ department, the Governor, and the Legislature to, among other things, enhance the efficiency of those ~~operations.~~ operations and ensure equitable access to benefits administered by the department. The bill would require the board to consist of 6 7 members, as specified, who serve without compensation, but would require members to be reimbursed for their necessary and reasonable expenses incurred in performing their duties and responsibilities, upon appropriation by the Legislature. The bill would require, beginning on and after January 1, 2022, the ~~Unemployment Insurance Oversight Advisory Board~~ board to hold at least 2 public meetings a year, during which the board members would be required to accept public comment. The bill would also require, beginning on and after ~~____,~~ July 1, 2022, the board to issue ~~quarterly~~ biannual public reports with its recommendations. The bill would require the department to submit a yearly report to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review regarding the recommendations of the board for state disability insurance and paid family leave benefits, as provided.

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

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

SECTION 1.

Chapter 2.5 (commencing with Section 501) is added to Part 1 of Division 1 of the Unemployment Insurance Code, to read:

CHAPTER 2.5. Unemployment Insurance Oversight Advisory Board

501.

(a) There is in the Labor and Workforce Development Agency the Unemployment Insurance Oversight Advisory Board as an advisory body to review the operations of the Employment Development Department under this division and make recommendations to the Employment Development Department, the Governor, and the Legislature to enhance the efficiency of those ~~operations.~~ operations and ensure equitable access to benefits administered by the department.

(b) The Unemployment Insurance Oversight Advisory Board shall focus its reviews and recommendations on the following areas:

(1) Customer service and the enhancement of the experiences of ~~customers.~~ claimants, including, but not limited to, the department’s call centers and their online technology systems.

(2) Revisions and simplification of the statutes to streamline the training of the staff of the ~~Employment Development Department~~ department and the processing of the applications of claimants under this division.

(3) Fraud prevention and detection.

(4) Strategic planning to prepare for, and respond to, changes in the demand for unemployment insurance benefits, including changes due to major economic shifts.

(5) Review and revision of applications, forms, and notices to ensure timely and equitable access to all claimants.
(6) How to ensure all department operations and processes prioritize the claimant experience.
(c) While the Unemployment Insurance Oversight Advisory Board shall focus on reviews and recommendations relating to unemployment insurance benefits, the department shall consider how to implement any proposed or adopted recommendations departmentwide to all benefit programs, including state disability insurance and paid family leave benefits.

502.

(a) The Unemployment Insurance Oversight Advisory Board shall consist of ~~six~~ seven members as follows:

(1) Two members who are appointed by the Speaker of the Assembly.

(2) Two members who are appointed by the Senate Committee on Rules.

(3) One member with expertise in government efficiency who is appointed by the Secretary of the Government Operations Agency.

(4) One member with expertise in government information technology systems who is appointed by the Secretary of the Government Operations Agency.
~~(4)~~

(5) One member from the Employment Development Department who is appointed by the Director of Employment Development. The member appointed pursuant to this paragraph shall have the role of providing information about the department and acting as a liaison to the Unemployment Insurance Oversight Advisory Board and the department.

(b) The Speaker of the Assembly and the Senate Committee on Rules shall consider both of the following in making their appointments:
(1) Someone representing employee interests in unemployment insurance benefits.
(2) Private and public employers impacted by programs overseen by the department.
~~(b)~~

(c) Members on the Unemployment Insurance Oversight Advisory Board shall serve four-year terms.

~~(c)~~

(d) Members of the Unemployment Insurance Oversight Advisory Board shall serve without compensation, but shall be reimbursed for their necessary and reasonable expenses incurred in performing their duties and responsibilities under this chapter, upon appropriation by the Legislature.

(e) Meetings of the Unemployment Insurance Oversight Advisory Board shall be open and public in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

503.

(a) Beginning on and after January 1, 2022, the Unemployment Insurance Oversight Advisory Board shall hold at least two public meetings a year, during which the board members shall accept public comment.

(b) Beginning on and after ~~____,~~ July 1, 2022, the Unemployment Insurance Oversight Advisory Board shall issue quarterly public reports with its recommendations.

(c) Beginning on or after January 1, 2023, the Employment Development Department shall submit a yearly report to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review on how the department has considered, or implemented, or both, the recommendations of the Unemployment Insurance Oversight Advisory Board and how the department has considered implementing, or plans to implement, the recommendations for state disability insurance and paid family leave benefits, to the extent applicable. This shall include how the claimant experience was or will be prioritized during implementation.
(d) The report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code.