BILL NUMBER: AB 2058	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 29, 2010
	AMENDED IN ASSEMBLY  APRIL 6, 2010

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

                        FEBRUARY 18, 2010

   An act to amend Sections 1266, 1267, 1269,  1270, 1271.5,
1272, and 1272.5   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, and to add Sections 1266.1 and 
1269.5   1269.1  to, 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
qualifies for unemployment compensation benefits, extended duration
benefits, or federal-state extended benefits or any federally funded
unemployment compensation benefits, and applies for the program shall
be deemed to automatically be eligible for the program during a
period of training or retraining.
   Existing law requires that a determination of potential
eligibility for training or retraining benefits be issued to an
unemployed individual if the director makes a specified finding.
   This bill would, instead, require that a determination of
automatic eligibility for training or retraining be issued to an
unemployed individual if any of specified conditions apply. The bill
would also require that, if training or retraining is not authorized
under those provisions governing automatic eligibility for those
benefits, a determination of potential eligibility for benefits be
issued to the unemployed individual if the director finds that
specified criteria apply.
   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, or online, 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.

   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.   California Training Benefits Program


  SEC. 2.  Section 1266 of the Unemployment Insurance Code is amended
to read:
   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  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 jobs 
in demand occupations  and thus avoid long-term unemployment.
  SEC. 4.  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 eligible training or retraining, as described
in Section 1269 or  1269.5   1269.1  , 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. 5.  Section 1269 of the Unemployment Insurance Code is amended
to read:
   1269.  A determination of automatic 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 (Public Law 106-220) 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 on the state's Eligible Training Provider List
(ETPL), as authorized by the federal Workforce Investment Act
(Public Law 106-220).  
   (c) 
    (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), and as those acts may be
amended by the Trade and Globalization Adjustment Assistance Act of
2009, enacted under the American Recovery and Reinvestment Act of
2009 (Public Law 111-5), pursuant to a certified petition. 
   (d) 
    (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) The individual is a participant in training with a provider
that is certified and on the state's Eligible Training Provider List
(ETPL), as authorized by the federal Workforce Investment Act (Public
Law 106-220). 
   (e) 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, or industry demands,
or is necessary to retain employment or to become more competitive
in obtaining employment.
  SEC. 6.  Section  1269.5   1269.1 is
added to the Unemployment Insurance Code, to read:
    1269.5.   1269.1.   If the training is
not authorized under Section 1269, a determination of potential
eligibility for benefits under this article shall be issued to an
unemployed individual if the director finds that all of the 
follow   following  apply:
   (a) 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
mental or physical disability that prohibits the individual from
utilizing existing occupational skills.
   (b) 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.
   (c) 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.
   (d) The training or retraining course of instruction is one
approved by the director and can be completed within a reasonable
period of time.
   (e) 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 employment  in a
demand occupation  .
   (f) The individual can be reasonably expected to complete the
training or retraining successfully.
   (g) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.
   (h) If a determination of potential eligibility for benefits is
issued under this section  , except under subdivision (c), 
and  when  federal extended unemployment insurance benefits
are in effect, the director may find that an unemployed individual is
eligible for training benefits if the individual is enrolled in a
community college or other  public   accredited
 postsecondary education program with the purpose of preparing
the applicant in academic or job skills, including remedial training,
that will increase employment opportunities or that leads to an
industry-recognized credential or certificate designed for a specific
occupation.  If an individual is approved for training benefits
under this subdivision and the federal extended unemployment
insurance benefits are subsequently no longer in effect, the
individual shall remain eligible as long as he or she is attending
the training and is meeting the provisions of this article. 

  SEC. 7.    Section 1270 of the Unemployment
Insurance Code is amended to read:
   1270.  As used in this article:
   (a) "Demand occupation" means an occupation in a labor market area
in which the director determines work opportunities with career
advancement opportunities and living wages 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. 8.   SEC. 7.   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, in written form,
or online. 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. These
publications, issued by the department pursuant to authorized
regulations, may be used to satisfy the requirements of this section.
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 under Section 1271 shall be charged to
individual employer reserve accounts, consistent with the provisions
of this code.
   SEC. 9.   SEC. 8.   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 the director finds both of the
following:
   (a) He or she has been determined potentially eligible under
Section 1269,  1269.5   1269.1  , or 1271.
   (b) He or she submits  with each claim a written
certification   a certification, as prescribed by the
Employment Development Department through regulations,  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. 
  SEC. 10.    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 the certification required by Section 1272, 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. 11.   SEC. 9.   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.