BILL NUMBER: AB 2058	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010

INTRODUCED BY   Assembly Member Block
   (Coauthors: Assembly Members  Arambula  
  and Solorio   Arambula,  
Blumenfield,   Hayashi,   Bonnie Lowenthal, 
 Solorio,   and Torrico  )
    (   Coauthors:   Senators   Correa
  and DeSaulnier   ) 

                        FEBRUARY 18, 2010

   An act to amend Sections 1266, 1267, 1268, 1271, 1271.5, and
1272.5 of, to  add Section 1266.1   amend the
heading of Article 1.5 (commencing with Section 1266) of Chapter 5 of
Part 1 of Division 1 of, to add Sections 1266.1 and 1266.2  to,
to repeal Sections 1270, 1272, and 1273 of, and to repeal and add
Section 1269 of, the Unemployment Insurance Code, relating to
unemployment insurance, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2058, as amended, Block. Unemployment insurance: retraining
benefits.
   Existing law provides 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. Existing law also 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  establish the California Training Benefits
Program, which, among other things, would  revise those
eligibility requirements to, instead, specify that an unemployed
individual who  files a claim   qualifies 
for unemployment compensation benefits  ,   or
 extended duration benefits, or  an application for
 federal-state extended benefits or any federally funded
unemployment compensation benefits  , and applies for the program
 shall be deemed to automatically be eligible for 
benefits  the program  during a period of training
or retraining. The bill would require that if the director determines
that the average state unemployment rate, seasonally adjusted, as
determined by the United States Secretary of Labor, for the period
consisting of the most recent 3 months for which data for all states
are published for the close of that week equals or exceeds 8.5%,
recipients of unemployment compensation benefits also be eligible to
participate in training or retraining programs.
   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
  . The bill  would instead  specify that any
unemployed individual compensation benefits who applies for a
determination of eligibility for the training program, and who
requires a training extension in order to complete the training, is
entitled to all extension on his or her unemployment claim, and would
 require that any training extension granted pursuant to those
provisions provide the claimant with a specified weekly benefit
amount, as prescribed.
   Existing law requires the department to inform all individuals who
claim unemployment compensation benefits in this state of the
benefits potentially available, and permits the department to convey
this information verbally or in written form, as provided.
   This bill would, instead, require the department to convey that
information verbally, in written form, and on-line, and would require
that the information be made available on the department's Internet
Web site in close proximity to information on unemployment
compensation claim forms.
   Existing law makes an individual ineligible for benefits in any
week during a period of training or retraining if he or she fails to
submit a specified certification.
   This bill would make an individual ineligible for benefits in any
week during a period of training or retraining if he or she fails to
submit biweekly information documenting his or her eligibility for
benefits for any week during a period of training or retraining.
   Existing law prohibits the payment of benefits during a period of
training or retraining 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 specified federal laws
that provide for the payment of those benefits.
   This bill would eliminate that prohibition on the payment of those
benefits.
   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 for those benefits, the bill would make an
appropriation.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. 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.   Retraining Benefits  
California Training Benefits Program 


   SECTION 1.   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 that would make them competitive
in the labor market. They are in need of training or retraining to
upgrade their skills. 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 jobs and thus avoid long-term unemployment.
 
   1266.  This article shall be known, and may be cited, as the
California Training Benefits Program. 
  SEC. 3.    Section 1266.1 is added to the  
Unemployment Insurance Code  , to read:  
   1266.1.  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 that would make them competitive
in the labor market. They are in need of training or retraining to
upgrade their skills. 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 jobs and thus avoid long-term unemployment.

   SEC. 2.   SEC. 4.   Section 
1266.1   1266.2  is added to the Unemployment
Insurance Code, to read:
    1266.1.   1266.2.   If the director
determines that the average state unemployment rate, seasonally
adjusted, as determined by the United States Secretary of Labor, for
the period consisting of the most recent three months for which data
for all states are published for the close of that week, equals or
exceeds 8.5 percent, recipients of unemployment compensation benefits
shall also be eligible to participate in  training or
retraining programs   the   California Training
Benefits Program  .
   SEC. 3.   SEC. 5.   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 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. 4.   SEC. 6.   Section 1268 of the
Unemployment Insurance Code is amended to read: 
   1268.  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 deemed
automatically to be eligible for benefits during a period of training
or retraining.  
   1268.  An individual who qualifies for unemployment compensation
benefits, extended duration benefits, federal-state extended
benefits, or any federally funded unemployment benefits under this
division, and who then applies for the California Training Benefits
Program under this article, shall be deemed to be automatically
eligible for the program during the period of training or retraining
allowed under this article. 
   SEC. 5.   SEC. 7.   Section 1269 of the
Unemployment Insurance Code is repealed.
   SEC. 6.   SEC. 8.   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 their job skills and
employability.   unemployed individual who initially
qualifies for unemployment compensation benefits is eligible to
participate in the California Training Benefits Program if 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, and a   responsible person connected with the
training program certifies that the individual is enrolled and is
satisfactorily pursuing the training or retraining course of
instruction. 
   SEC. 7.   SEC. 9.   Section 1270 of the
Unemployment Insurance Code is repealed.
   SEC. 8.   SEC. 10.   Section 1271 of the
Unemployment Insurance Code is amended to read: 
   1271.  (a) 
    1271.    (a) Any unemployed individual receiving
unemployment insurance compensation benefits payable under this
division who applies for a determination of eligibility for the
California Training Benefits Program, and who requires a training
extension in order to complete the training, is entitled to a
training extension on his or her unemployment insurance compensation
claim. 
    (b)  A training extension granted under this article
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. 
   (b) 
    (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). 
   (c) 
    (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. 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
potentially available under this article and Section 1271. The
department shall convey this information verbally  ,
  or  in written form, and on-line. Information
required by this section shall be made available on the department's
Internet Web site in close proximity to information on unemployment
compensation claim forms.
   (b) Benefits paid shall be charged to individual employer reserve
accounts, consistent with the provisions of this code.
  SEC. 10.  Section 1272 of the Unemployment Insurance Code is
repealed.
  SEC. 11.  Section 1272.5 of the Unemployment Insurance Code is
amended to read:
   1272.5.  If an individual fails to submit biweekly information
documenting eligibility for any week during a period of training or
retraining, he or she shall be ineligible to receive any benefits for
that week. This section shall not render an individual ineligible
for benefits for any week during the period of training or retraining
if on or before Monday of that week he or she notifies the
department that his or her training or retraining course of
instruction has been or is being discontinued or terminated prior to
that week.
  SEC. 12.  Section 1273 of the Unemployment Insurance Code is
repealed.
  SEC. 13.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order to address the fiscal crisis facing the unemployment
insurance system in this state, it is necessary that this act take
effect immediately.