Bill Text: CA SB799 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Unemployment insurance: trade disputes: eligibility for benefits.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB799 Detail]

Download: California-2023-SB799-Amended.html

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Amended  IN  Assembly  August 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 799

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Introduced by Senator Senators Portantino, Durazo Durazo, and Assembly Member Holden
(Coauthors: Senators Cortese, Gonzalez, Menjivar, and Wiener)
(Principal coauthors: Assembly Members Friedman, Gipson, Kalra, Reyes, and Luz Rivas)
(Coauthors: Assembly Members Addis, Boerner, Bonta, Wendy Carrillo, Connolly, Mike Fong, Jackson, Lee, McCarty, McKinnor, Ortega, Santiago, Wicks, and Wood)

February 17, 2023

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An act to add amend Section 6405 to 1262 of the Penal Unemployment Insurance Code, relating to prisons. unemployment compensation, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 799, as amended, Portantino. Prisons: inmate visitation. Unemployment insurance: trade disputes: eligibility for benefits.

Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.

Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes.

Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.

This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill’s provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.

Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.

Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons, and requires regulations, which are adopted by the Department of Corrections and Rehabilitation, that may impact the visitation of inmates to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations establish the framework for establishing a visiting process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations.

This bill would require the department to, upon request by a visitor, scan certain documents into the Strategic Offender Management Systems (SOMS), including, among other documents, a birth certificate for a visiting minor, as specified. The bill would require the department to allow a visitor for an in-person visit or an approved family visit to bring certain items for the visit, including, among other things, items for infants and toddlers, as specified.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 1262 of the Unemployment Insurance Code is amended to read:

1262.

 (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, payable, if the individual left his or her work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still dispute, other than a lockout in active progress in the establishment in which he or she where the individual was employed. For purposes of this subdivision, “lockout” has the same meaning as defined in Section 1132.8 of the Labor Code.

(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two weeks of the trade dispute.

(c) This section shall not diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.

SECTION 1.Section 6405 is added to the Penal Code, to read:

6405.

(a)Upon request by a visitor, the department shall scan documents into the Strategic Offender Management Systems (SOMS), including, but not limited to, all of the following:

(1)A birth certificate for a visiting minor.

(2)A parental consent form for a visiting minor.

(3)A marriage license or domestic partnership form for a person attending an approved family visit.

(4)A birth certificate for a parent or sibling attending an approved family visit.

(5)A medical note for a visitor.

(b)For an in-person visit, the department shall allow a visitor with an infant or toddler to bring all of the following:

(1)A combination of six factory-sealed single-serving packets of baby formula or four transparent plastic baby bottles or cups that are empty or contain premixed formula, milk, almond milk, soy milk, rice milk, lactose-free milk, juice, or water.

(2)Six nonglass containers of baby food or snacks in sealed packaging.

(3)Two plastic spoons.

(4)Ten disposable diapers.

(5)One sealed package of baby wipes.

(6)Three changes of clothing.

(7)Two small blankets.

(8)Two pacifiers.

(9)Three burp cloths.

(10)Diaper cream.

(11)A baby carrier or wrap.

(12)A clear plastic diaper bag.

(13)Toys, including an electronic toy, two children’s books, and up to 10 pages of homework or coloring pages.

(c)For an approved family visit, the department shall allow a visitor to bring all of the following:

(1)Personal linens, including a mattress cover, flat sheet, fitted sheet, single layer blanket, bath towel, hand towel, and washcloth, for each person and for the length of the visit.

(2)A bath mat and disposable shower curtain.

(3)A sealed lubricant bottle.

(4)Items for infants or toddlers, including all of the following:

(A)A combination of 14 factory-sealed single-serving packets of baby formula; one factory-sealed container of milk for each day of the visit, including formula milk, almond milk, soy milk, oat milk, rice milk, or lactose-free milk; or four transparent plastic baby bottles or cups.

(B)Two gallons of factory-sealed distilled water.

(C)Factory-sealed juice.

(D)Six nonglass containers of baby food or snacks in sealed packaging for each day of the visit.

(E)Two plastic spoons.

(F)One package of diapers.

(G)One sealed package of baby wipes.

(H)Three changes of clothing for each day of the visit.

(I)Two small blankets.

(J)Two pacifiers.

(K)Three burp cloths.

(L)Diaper cream.

(M)A baby carrier or wrap.

(N)A clear plastic diaper bag.

(O)Toys, including an electronic toy, two children’s books, and up to 10 pages of homework or coloring pages.