BILL NUMBER: AB 381	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 23, 2009

   An act to  amend Section 710.5 of   add
Section 710.9 to  the Unemployment Insurance Code, relating to
unemployment insurance  , and making an appropriation therefor
 .



	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   community college
district to elect to become an employer subject to requirements
pertaining to disability compensation coverage with respect to all
employees who are part of an appropriate employee organization
bargaining unit, if the election is the result of a negotiated
agreement between the community college district and the certified
employee organization, as defined, but would provide that the
election would not be contingent   upon coverage of other
employees of the community college district employer. The bill would
permit the community college district employer to elect to provide
coverage to its management and confidential employees and to its
employees who are not part of an appropriate unit, but would provide
that the election would not be contingent upon coverage of other
employees of the community college district employer. The bill would
also permit a community college district that employs an academic
employee to elect to provide disability compensation coverage to
specified permanent,   part-time, or temporary academic
employees, but would provide that the election would not be
contingent upon coverage of other academic employees of the community
college district employer. By increasing the pool of potential
recipients of payments from, and potential contributions into, a
continually appropriated fund, the bill would make an appropriation
 .
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 710.9 is   added to
the   Unemployment Insurance Code   , to read:
 
   710.9.  (a) (1) Notwithstanding Section 709, a community college
district established pursuant to Part 43 (commencing with Section
70900) of Division 7 of the Education Code may elect to become an
employer subject to Part 2 (commencing with Section 2601) with
respect to all employees who are part of an appropriate unit
established pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, if the election is
the result of a negotiated agreement between the community college
district and the certified employee organization, as that term is
defined in subdivision (b) of Section 3540.1 of the Government Code.
The community college district employer may also elect to provide
coverage to its management and confidential employees and to its
employees who are not part of an appropriate unit, but the election
shall not be contingent upon coverage of other employees of the
community college district employer.
   (2) Notwithstanding paragraph (1), a community college district
established pursuant to Part 43 (commencing with Section 70900) of
Division 7 of the Education Code that employs an academic employee,
as defined in Section 87001 of the Education Code, may elect to
provide coverage to permanent, part-time, or temporary academic
employees, including permanent, part-time, temporary, or substitute
faculty or instructors, but the election shall not be contingent upon
coverage of other academic employees of the community college
district employer.
   (b) Upon the filing of an election pursuant to subdivision (a),
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.
   (c) Sections 986 and 2903 shall apply to an employer making an
election pursuant to this section.  
  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.
   (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.
   (c) Sections 986 and 2903 shall apply to an employer making an
election pursuant to this section.