BILL NUMBER: AB 381	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 23, 2009

   An act to amend Section  702.6   710.5 
of the Unemployment Insurance Code, relating to unemployment
insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 381, as amended, Block. Unemployment compensation disability
benefits: academic employees. 
   Existing law permits any public agency, as defined, to elect to
become an employer subject to specified requirements pertaining to
disability compensation coverage, with respect to all employees who
are a part of an appropriate employee organization bargaining unit if
the election is the result of a negotiated agreement between the
public agency and the recognized employee organization, as defined.
Existing law authorizes the public agency employer to elect to
provide coverage to its management and confidential employees and to
its employees who are not a part of an appropriate unit, but
prohibits the election from being contingent upon coverage of other
employees of the public agency employer.  
   This bill would permit a public agency employer that employs a
community college academic employee, as defined, to elect to provide
coverage to permanent, to part-time, or to temporary academic
employees, including permanent, part-time, temporary, or substitute
faculty or instructors, but would prohibit the election from being
contingent upon coverage of all other academic employees of the
public agency employer.  
   Existing law permits any employing unit, as defined, who is an
employer for purposes of unemployment compensation to file with the
Director of Employment Development a written election to cover, for
purposes of disability compensation, services performed by all
eligible employees, as defined, who either are part of a labor
organization, if the election is the result of a negotiated agreement
between the employer and the recognized employee organization, or
are not part of a labor organization but are in the employing units
employ in one or more distinct establishments or places of business,
if the election is requested by a written petition signed by a
majority of the eligible employees to be covered by the election.
 
   This bill would additionally permit any employing unit, who is an
employer for purposes of unemployment compensation to file with the
director a written election to cover, for purposes of disability
compensation, services performed by all eligible permanent or
temporary academic employees, as defined, with the exception of those
employees covered under a community college district bargaining
unit, who are a part of a labor organization, if the election is the
result of a negotiated agreement between the employer and the
recognizedemployee organization. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 710.5 of the  
Unemployment Insurance Code   is amended to read: 
   710.5.   (a)     (1)   
Notwithstanding Section 709, any public agency, as defined in 
subdivision (c) of  Section 3501 of the Government Code, may
elect to become an employer subject to Part 2 (commencing with
Section 2601) with respect to all employees who are a part of an
appropriate unit established pursuant to Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 of the Government Code,
provided the election is the result of a negotiated agreement between
the public agency and the recognized employee organization, as those
terms are defined in Section 3501 of the Government Code. The public
agency employer also may elect to provide coverage to its management
and confidential employees and to its employees who are not a part
of an appropriate unit, but the election shall not be contingent upon
coverage of other employees of the public agency employer. 
   (2) A public agency employer that employs a community college
academic employee, as defined in subdivision (a) of Section 87001 of
the Education Code, may elect to provide coverage to permanent, to
part-time, or to temporary academic employees, including permanent,
part-time, temporary, or substitute faculty or instructors, but the
election shall not be contingent upon coverage of all other academic
employees of the public agency employer.  
   Upon
    (b)     Upon  filing of such an
election, the filing entity shall, upon approval by the director,
become an employer subject to Part 2 (commencing with Section 2601)
to the same extent as other employers, and services performed by its
employees who are subject to an election under this section shall
constitute employment subject to that part. 
   Sections 
    (c)    Sections 986 and 2903 shall apply to an
employer making an election pursuant to this section. 
  SECTION 1.    Section 702.6 of the Unemployment
Insurance Code is amended to read:
   702.6.  (a) Any employing unit who is an employer under this
division may file with the director a written election to cover, for
the purposes of Part 2 (commencing with Section 2601) only, services
performed by any of the following:
   (1) All eligible employees who are a part of a labor organization,
if the election is the result of a negotiated agreement between the
employer and the recognized employee organization.
   (2) (A) All eligible permanent or temporary academic employees,
with the exception of employees covered under a community college
district bargaining unit, who are a part of a labor organization, if
the election is the result of a negotiated agreement between the
employer and the recognized employee organization.
   (B) For purposes of this paragraph, "academic employee" means an
"academic employee" as defined in subdivision (a) of Section 87001 of
the Education Code.
   (3) All eligible employees in its employ in one or more distinct
establishments or places of business who are not part of a labor
organization, if the election is requested by a written petition
signed by a majority of the eligible employees to be covered by the
election.
   (b) "Eligible employee," as used in this section, means an
employee who is a California resident whose services are covered
under the unemployment compensation laws of another state which does
not have a disability insurance program, and who is an "employee," as
defined in Section 13004, for whom the employer complies with the
personal income tax withholding provisions of Division 6 (commencing
with Section 13000).
   (c) Upon the filing of an election, the filing entity shall, upon
approval by the director, become an employer subject to Part 2
(commencing with Section 2601) to the same extent as other employers,
and services performed by its employees who are subject to the
election shall be deemed to constitute employment subject to that
part. Sections 704, 707, 986, and 2903 shall apply to elections under
this section.