Bill Text: CA SB968 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Unemployment insurance: training and retraining benefits.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB968 Detail]

Download: California-2009-SB968-Amended.html

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BILL NUMBER: SB 968	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2010
	AMENDED IN SENATE  MARCH 8, 2010

INTRODUCED BY   Senator Negrete McLeod
   (Coauthors: Senators Correa, DeSaulnier, and Oropeza)

                        FEBRUARY 5, 2010

    An act to amend Sections 1267, 1268, 1271, 1271.5, and
1272 of, and to repeal and add Section 1269 of, the Unemployment
Insurance   An act to amend Sections 1266, 1267, 1268,
1271, 1271.5, and 1272 of, to amend the heading of Article 1.5
(commencing with Section 1266) of Chapter 5 of Part 1 of Division 1
of, to repeal Section 1270 of, and to repeal and add Section 1269 of,
the Unemployment Insurance Code, relating to unemployment
insurance, and making an appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 968, as amended, Negrete McLeod. Unemployment insurance:
retraining benefits.
   Existing law provides for unemployment compensation benefits to
eligible persons who are unemployed through no fault of their own.
Existing law, until January 1, 2015, provides for retraining benefits
to eligible individuals pursuant to the federal Trade Act of 1974,
as amended by the federal Trade Act of 2002. Existing law authorizes
an unemployed individual who files a claim for unemployment
compensation benefits or extended duration benefits, or an
application for federal-state extended benefits or any federally
funded unemployment compensation benefits, to apply to the Employment
Development Department for benefits during a period of training or
retraining.
   This bill would  establish the California Training Benefits
Program, which, among ot   her things, would  ,
instead, specify that an unemployed individual shall be 
automatically  eligible for those training and retraining
benefits, regardless of whether the individual applies to the
department for a determination of potential eligibility  if
specified criteria apply, or if the Director of Employment
Development makes a determination of eligibility  .
   Existing law requires that a determination of potential
eligibility for specified training and retraining benefits be issued
to an unemployed individual if the Director of Employment Development
finds that specified conditions apply.
   This bill would delete those provisions, and instead specify that
an unemployed individual who is able to work is eligible to receive
training and retraining benefits if he or she certifies on the 
unemployment insurance  claim form for benefits that he or she
is enrolled in a training program designed to increase or improve his
or her job skills and employability  , and a responsible person
connected with the training or retraining program certifies that the
individual is enrolled and is satisfactorily pursuing the training or
retraining program  .
   Existing law specifies that any unemployed individual receiving
certain unemployment compensation benefits, who applies for a
determination of potential eligibility for those benefits no later
than the 16th week of his or her receiving those benefits, and is
determined to be eligible for those benefits, is entitled to a
training extension on his or her unemployment claim, if necessary, to
complete approved training.
   This bill would eliminate that requirement that an individual
apply for a determination of potential eligibility no later than the
16th week of his or her receiving those benefits, and would instead
require that any unemployed individual receiving unemployment
compensation benefits be entitled to a training extension on his or
her unemployment compensation claim, if necessary, to complete
approved training.
   Existing law requires the department to inform all individuals who
claim unemployment insurance compensation benefits in this state of
the benefits potentially available, as provided.
   This bill would require the department to also publicize and
promote the benefits available under those provisions on its Internet
Web site.
   Existing law specifies that, for purposes of provisions governing
eligibility for work with respect to any week an individual is
eligible for unemployment benefits, an unemployed individual who is
able to work is eligible to receive benefits with respect to any week
during a period of training or retraining, if the director finds
that specified conditions apply.
   This bill would remove that requirement that the director make a
specified finding for an unemployed individual who is able to work to
be eligible to receive those benefits, if those specified conditions
apply.
   Because the bill would make various changes to existing
eligibility requirements for training and retraining benefits, which
would result in additional amounts being payable from the
Unemployment Fund, the bill would make an appropriation.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The heading of Article 1.5 (commencing
with Section 1266) of Chapter 5 of Part 1 of Division 1 of the 
 Unemployment Insurance Code   is amended to read: 


      Article 1.5.   California  Retraining Benefits


   SEC. 2.    Section 1266 of the  
Unemployment Insurance Code   is amended to read: 
   1266.  Experience has shown that the ability of a large number of
the population of California to compete for jobs in the labor market
is impaired by advancement in technological improvements, the
widespread effects of automation and relocation in our economy, and
foreign competition as set forth in petitions certified under the
federal Trade Act of 1974, as amended (Title 19, United States Code,
Sections 2101 et seq.). The Legislature finds that many individuals
in California are lacking in skills  which  
that  would make them competitive in the labor market. They are
in need of training or retraining  in   
 to upgrade their  skills  required in demand
occupations  . It is the policy of this state to assist
these individuals by providing unemployment compensation benefits,
extended duration benefits, and other federally funded unemployment
compensation benefits, including those available under the federal
Trade Act of 1974 (Public Law 93-618), as amended by the federal
Trade Act of 2002 (Public Law 107-210), during a period of retraining
to qualify them for  new  jobs  in demand
occupations  and thus avoid long-term unemployment.
   SECTION 1.   SEC. 3.   Section 1267 of
the Unemployment Insurance Code is amended to read:
   1267.  Notwithstanding any other provision of this division, with
respect to an unemployed individual otherwise eligible for benefits,
those benefits shall not be denied to an individual for any week
because he or she is in approved training or retraining, or because
of the application to any such week in training or retraining of any
law of this state relating to availability for work, active search
for work, refusal to accept work, or for leaving his or her most
recent work, if continuing the most recent work would require the
individual to terminate his or her training or retraining course of
instruction. The individual is considered to be in training or
retraining during regularly scheduled vacation or recess periods,
such as Christmas and Thanksgiving holidays, or semester breaks, but
not during a summer vacation period. As used in this article,
"individual" includes an exhaustee as defined in Section 3503, and
any individual claiming federal-state extended benefits under Part 4
(commencing with Section 4001), and anyone receiving federally funded
unemployment compensation benefits.
   SEC. 2.   SEC. 4.   Section 1268 of the
Unemployment Insurance Code is amended to read:
   1268.   (a)    An unemployed individual who
files a claim for unemployment compensation benefits or extended
duration benefits, or an application for federal-state extended
benefits or any federally funded unemployment compensation benefits
shall be eligible for benefits during a period of training or
retraining  .   allowed under this article if
one of the following applies:  
   (1) The training is authorized by the federal Workforce Investment
Act, or other federally funded workforce programs, or by the
Employment Training Panel established pursuant to Chapter 3.5
(commencing with Section 10200) of Part 1 of Division 3.  
   (2) The training is authorized by the federal Trade Act of 1974
(19 U.S.C. Sec. 2101 et seq.), as amended by the federal Trade Act of
2002 (Public Law 107-210) and as amended by the Trade and
Globalization Adjustment Assistance Act of 2009, pursuant to a
certified petition. 
   (3) The individual is a participant in the California Work
Opportunity and Responsibility to Kids (CalWORKs) program pursuant to
Article 3.2 (commencing with Section 11320) of, or Article 3.3
(commencing with Section of 11330) of, Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code, and has entered into
a contract with the county welfare department to participate in an
education or training program.  
   (4) The training is a registered apprenticeship program authorized
by the Division of Apprenticeship Standards of the Department of
Industrial Relations.  
   (5) The individual is a journey level union member and the
training or retraining course of instruction is industry-related
training necessary due to changes in technology, industry demands, or
it is necessary to retain employment or to become more competitive
in obtaining employment.  
   (6) The individual is enrolled in a community college or other
public postsecondary program with the purpose of preparing the
applicant in academic or job skills that will increase employment
opportunities or that leads to a degree, credential, or certificate.
 
   (7) The individual is enrolled in any public-funded education and
training program, including remedial training that improves the
individual's employability, with the primary purpose of preparing the
individual in academic or job skills that will allow him or her to
obtain employment or that will increase employment opportunities.
 
   (b) If none of the criteria in subdivision (a) are met, a
determination of eligibility shall be issued if the director finds
that all of the following apply:  
   (1) Work in the individual's usual occupation does not exist, or
the demand for that work has substantially diminished, or the
individual's skills are in need of upgrading due to technological or
other advances.  
   (2) The training program is approved or accredited by the Division
of Apprenticeship Standards of the Department of Industrial
Relations, an institution recognized by the federal Department of
Education, the State Department of Education, the Chancellor's office
of the California Community Colleges, or the Bureau for Private
Postsecondary Education.  
   (3) The training or retraining course of instruction relates
directly to an occupation or skill for which there are, or are
expected to be in the future, reasonable employment and career
advancement opportunities in the labor market area in this state in
which the individual intends to seek work. 
   SEC. 3.   SEC. 5.   Section 1269 of the
Unemployment Insurance Code is repealed.
   SEC. 4.   SEC. 6.   Section 1269 is
added to the Unemployment Insurance Code, to read:
   1269.  Notwithstanding subdivision (c) of Section 1253, an
unemployed individual who is able to work is eligible to receive
benefits under this article if  he or she certifies on the
claim form for benefits that he or she is enrolled in a training
program designed to increase or improve his or her job skills and
employability.   both of the following conditions are
met:  
   (a) He or she certifies on the unemployment insurance claim form
that he or she is enrolled in a training program designed to improve
his or her job skills or employability.  
   (b) A responsible person connected with the training or retraining
program, including, but not limited to, a one-stop counselor,
training program director, instructor, or community college
counselor, certifies that the individual is enrolled and is
satisfactorily pursuing the training or retraining course of
instruction. 
   SEC. 7.    Section 1270 of the  
Unemployment Insurance Code   is repealed.  
   1270.  As used in this article:
   (a) "Demand occupation" means an occupation in a labor market area
in which the director determines work opportunities are available
and there is not a surplus of qualified applicants.
   (b) "Labor market area" means a county, or aggregation of counties
designated by the department that meets criteria of population,
population density, commute patterns, and social and economic
integration specified by the department. 
   SEC. 5.   SEC. 8.   Section 1271 of the
Unemployment Insurance Code is amended to read:
   1271.  (a) Any unemployed individual receiving unemployment
compensation benefits payable under this division shall be entitled
to a training extension on his or her unemployment compensation
claim, if necessary, to complete approved training.
   (b) The training extension shall provide the claimant with a
maximum of 52 times the weekly benefit amount, which shall include
the maximum benefit award on the parent unemployment compensation
claim.
   (c) The parent unemployment compensation claim shall be the
unemployment compensation claim in existence at the time the claimant
is determined eligible for benefits pursuant to subdivision (a).
   (d) Benefits payable under this section are subject to the
following limitations:
   (1) The individual shall remain eligible for benefits under this
article for all weeks potentially payable under this section.
   (2) The individual shall file any unemployment compensation claim
to which he or she becomes entitled under state or federal law, and
shall draw any unemployment compensation benefits on that claim until
it has expired or has been exhausted, in order to maintain his or
her eligibility under this article.
   (3) To the extent permitted by federal law, benefits payable under
any federal unemployment compensation law shall be included as
benefits payable under this section.
   SEC. 6.   SEC. 9.   Section 1271.5 of
the Unemployment Insurance Code is amended to read:
   1271.5.  (a) The department shall inform all individuals who claim
unemployment compensation benefits in this state of the benefits
available under this article and Section 1271. The department may
convey this information verbally or in written form. If in written
form, the department may utilize publications or handbooks that
inform individuals of their rights and duties in regard to
unemployment compensation benefits. The department shall also
publicize and promote the benefits available under this article on
its Internet Web site. These publications, issued by the department
pursuant to authorized regulations, in conjunction with the
publicizing and promoting of benefits on its Internet Web site, may
be used to satisfy the requirements of this section.
   (b) Benefits paid under Section 1271 shall be charged to
individual employer reserve accounts, consistent with the provisions
of this code.
   SEC. 7.   SEC. 10.   Section 1272 of the
Unemployment Insurance Code is amended to read:
   1272.  Notwithstanding subdivision (c) of Section 1253, an
unemployed individual who is able to work is eligible to receive
benefits under this article with respect to any week during a period
of training or retraining only if both of the following apply:
   (a) He or she has been determined potentially eligible under
Section 1269 or 1271.
   (b) He or she submits with each claim a written certification
executed by a responsible person connected with the training or
retraining program certifying that he or she is enrolled in and
satisfactorily pursuing the training or retraining course of
instruction.