BILL NUMBER: AB 3056	CHAPTERED
	BILL TEXT

	CHAPTER  507
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2008
	PASSED THE SENATE  AUGUST 13, 2008
	PASSED THE ASSEMBLY  AUGUST 15, 2008
	AMENDED IN SENATE  JUNE 25, 2008

INTRODUCED BY   Committee on Insurance (Coto (Chair), Berg, Charles
Calderon, Carter, De Leon, Lieber, and Parra)

                        FEBRUARY 28, 2008

   An act to amend Sections 1266, 1269, 1273, and 1274.10 of the
Unemployment Insurance Code, relating to unemployment compensation
benefits.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3056, Committee on Insurance. Unemployment compensation:
eligibility: retraining benefits.
   Existing law provides, until January 1, 2010, for retraining
benefits for individuals receiving unemployment compensation
benefits, who meet certain eligibility criteria, including those
federally funded benefits available to individuals pursuant to the
federal Trade Act of 1974, as amended (19 U.S.C. Sec. 2101 et seq.).
   This bill would instead provide that retraining benefits would
include federally funded benefits available to individuals pursuant
to the federal Trade Act of 1974, as amended by the federal Trade Act
of 2002 (Public Law 107-210), would change the January 1, 2010,
sunset date, thereby extending the operation of the retraining
benefits provisions until January 1, 2015, and would make technical
changes to those provisions.


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

  SECTION 1.  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 would make them competitive
in the labor market. They are in need of training or retraining in
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.
  SEC. 2.  Section 1269 of the Unemployment Insurance Code is amended
to read:
   1269.  A determination of potential eligibility for benefits under
this article shall be issued to an unemployed individual if the
director finds that any of the following apply:
   (a) The training is authorized by the federal Workforce Investment
Act or by the Employment Training Panel established pursuant to
Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3.
   (b) 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), pursuant to a certified petition.
   (c) 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) or Article 3.3
(commencing with Section 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.
   (d) That all of the following apply:
   (1) The individual has been unemployed for four or more continuous
weeks, or the individual is unemployed and unlikely to return to his
or her most recent workplace because work opportunities in the
individual's job classification are impaired by a plant closure or a
substantial reduction in employment at the individual's most recent
workplace, by advancement in technological improvements, by the
effects of automation and relocation in the economy, or because of a
mental or physical disability which prohibits the individual from
utilizing existing occupational skills.
   (2) One of the substantial causes of the individual's unemployment
is a lack of sufficient current demand in the individual's labor
market area for the occupational skills for which the individual is
fitted by training and experience or current physical or mental
capacity and that the lack of employment opportunities is expected to
continue for an extended period of time, or, if the individual's
occupation is one for which there is a seasonal variation in demand
in the labor market and the individual has no other skill for which
there is current demand.
   (3) The training or retraining course of instruction relates to an
occupation or skill for which there are, or are expected to be in
the immediate future, reasonable employment opportunities in the
labor market area in this state in which the individual intends to
seek work and there is not a substantial surplus of workers with
requisite skills in the occupation in that area.
   (4) If the individual is a journey level union member, the
training or retraining course of instruction is specific job-related
training necessary due to changes in technology, or necessary to
retain employment or to become more competitive in obtaining
employment.
   (5) The training or retraining course of instruction is one
approved by the director and can be completed within one year.
   (6) The training or retraining course is a full-time course
prescribed for the primary purpose of training the applicant in
skills that will allow him or her to obtain immediate employment in a
demand occupation and is not primarily intended to meet the
requirements of any degree from a college, community college, or
university.
   (7) The individual can be reasonably expected to complete the
training or retraining successfully.
   (8) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.
  SEC. 3.  Section 1273 of the Unemployment Insurance Code is amended
to read:
   1273.  (a) Notwithstanding any other provision of this article, no
payment of benefits during a period of training or retraining as
described in this article shall be made to any individual for any
week or part of any week with respect to which he or she receives
training or retraining benefits, allowances, or stipends pursuant to
the provisions of any state or federal law providing for the payment
of such benefits, but excluding costs of training paid pursuant to
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).
   (b) "Training or retraining benefits, allowances, or stipends," as
used in this section, means discretionary use, cash in-hand payments
available to the individual to be used as he or she sees fit. Direct
and indirect compensation for training costs, such as tuition,
books, and supplies, is excluded as a condition of approval.
  SEC. 4.  Section 1274.10 of the Unemployment Insurance Code is
amended to read:
   1274.10.  This article shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, which is chaptered before that date, deletes or extends the
date.