BILL NUMBER: AB 285 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brown
FEBRUARY 11, 2013
An act to amend Section 18000 of the Business and Professions
Code, and to amend Section 14013 of, and to add Sections 14001 and
14013.2 to, the Unemployment Insurance Code, relating to
microenterprises.
LEGISLATIVE COUNSEL'S DIGEST
AB 285, as introduced, Brown. Microenterprises: economic
development.
(1) Existing law encourages local governments as well as
California communities and the public agencies that serve them to
promote development of a microenterprise, as defined.
This bill would revise the definition of a microenterprise.
(2) The federal Workforce Investment Act of 1998 provides for
workforce investment activities, including activities in which states
may participate. Under existing law, the California Workforce
Investment Board is responsible for assisting the Governor in the
development, oversight, and continuous improvement of California's
workforce investment system. Existing law requires the board, among
other things, to assist the Governor with promoting the development
of a well-educated and highly skilled workforce and developing the
State Workforce Investment Plan.
This bill would express findings and declarations of the
Legislature with respect to the self-employment workforce in the
state, and the importance of all Californians having the opportunity
to receive the training for entrepreneurial and self-employment
provided for under the federal act.
This bill would additionally require the board to assist the
Governor by developing specified guidelines for certain high-wage
industry sectors and making recommendations on how to target
resources to specified high-wage industry sectors, and by
recommending policy and providing technical assistance on
entrepreneurial training opportunities that could be made available
through local workforce investment board programs as authorized under
the federal act.
(3) The bill would also require the board, by January 1, 2015, to
develop and distribute guidelines, or provide other assistance to,
local workforce investment boards to help them implement
entrepreneurial and self-employment training programs.
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 18000 of the Business and Professions Code is
amended to read:
18000. (a) (1) For purposes
of this part, "microenterprise" means a sole proprietorship,
partnership, limited liability company, or corporation
that meets all of the following requirements:
(A)
(1) Has fewer than five or
fewer employees, including the owner.
owner, who may be employed
(B) Is
part time or full time.
(C)
(2) Generally lacks sufficient access to
conventional loans, equity, or other banking services.
(2) Microenterprises are distinct from small businesses or
microbusinesses and include, but are not limited to, businesses that
provide child development services, businesses that provide
landscaping services, businesses that provide building maintenance,
businesses that provide personal and business services, businesses
that provide specialty food products, and home-based businesses.
(b) For purposes of this part, "microenterprise development
provider" means a nonprofit organization or public agency
that provides self-employment training, technical assistance, and
access to microloans to individuals an
individual seeking to become self-employed or to a
microbusiness seeking expand their its
current business.
SEC. 2. Section 14001 is added to the Unemployment Insurance Code,
to read:
14001. The Legislature finds and declares the following:
(a) Nearly one-third of California's workforce is comprised of
independent and self-employed workers, including entrepreneurs,
contractors, independent consultants, and home-based businesses.
(b) The self-employed workforce in California has grown by over
100 percent in the last 15 years.
(c) The federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.) provides that states should offer training and
workforce development services through state and local workforce
investment boards. In fulfilling these duties, it is important that
all Californians have the opportunity to receive entrepreneurial and
self-employment training, as well as other training that can help
them successfully work for others.
(d) It is the policy of the State of California, to the extent
feasible, to provide individuals with the opportunity to learn skills
needed to pursue self-employment opportunities in order to provide a
stable income for them and their families.
SEC. 3. Section 14013 of the Unemployment Insurance Code is
amended to read:
14013. The board shall assist the Governor in the following:
(a) Promoting the development of a well-educated and highly
skilled workforce.
(b) Developing the State Workforce Investment Plan.
(c) Developing guidelines for the continuous improvement and
operation of the workforce investment system, including:
(1) Developing policies to guide the one-stop system.
(2) Providing technical assistance for the continuous improvement
of the one-stop system.
(3) Recommending state investments in the one-stop system.
(4) Targeting resources to high-wage industry sectors that are
either high-growth sectors or critical to California's economy, or
both.
(4) Providing guidance to ensure services reflect the needs of
high-wage industry sectors.
(d) Developing and continuously improving the statewide workforce
investment system as delivered via the one-stop delivery system,
including:
(1) Developing linkages in order to assure
ensure coordination and nonduplication among workforce
programs and activities.
(2) Reviewing local workforce investment plans.
(3) Providing guidance to ensure services reflect the needs of
high-wage industry sectors.
(3) Making recommendations on how to target resources to high-wage
industry sectors that are either high-growth sectors or critical to
California's economy, or both.
(e) Commenting, at least once annually, on the measures taken
pursuant to the Carl D. Perkins Vocational and Applied Technology
Education Act Amendments of 1990 ( Public
(Public Law 101-392; 20 U.S.C. Sec. 2301 et seq.).
(f) Designating local workforce investment areas within the state
based on information derived from all of the following:
(1) Consultations with the Governor board
.
(2) Consultations with the chief local elected officials.
(3) Consideration of comments received through the public comment
process, as described in Section 112(b)(9) of the federal Workforce
Investment Act of 1998 (29 U.S.C. Sec. 2822(b)(9)) .
(g) Developing and modifying allocation formulas, as necessary,
for the distribution of funds for adult employment and training
activities, for youth activities to local workforce investment areas,
and dislocated worker employment and training activities, as
permitted by federal law.
(h) Coordinating the development and continuous improvement of
comprehensive state performance measures, including state adjusted
levels of performance, to assess the effectiveness of the workforce
investment activities in the state.
(i) Preparing the annual report to the United States Secretary of
Labor.
(j) Recommending policy for the development of the statewide
employment statistics system, including workforce and economic data,
as described in Section 15 of Title 29 of the United States Code, and
using, to the fullest extent possible, the Employment Development
Department's existing labor market information systems.
(k) Recommending strategies to the Governor for strategic training
investments of the Governor's 15-percent discretionary funds.
(l) Developing and recommending waivers, in conjunction with local
workforce investment boards, to the Governor as provided for in the
federal Workforce Investment Act of 1998.
(m) Recommending policy to the Governor for the use of the
25-percent rapid response funds, as authorized under the federal
Workforce Investment Act of 1998.
(n) Developing an application to the United States Department of
Labor for an incentive grant under Section 9273 of Title 20 of the
United States Code.
(o) Recommending policy and providing technical assistance on
entrepreneurial training opportunities that could be made available
through programs of local workforce investment boards as authorized
under the federal Workforce Investment Act of 1998 (29 U.S.C. Sec.
2801 et seq.).
SEC. 4. Section 14013.2 is added to the Unemployment Insurance
Code, to read:
14013.2. By January 1, 2015, the California Workforce Investment
Board shall develop and distribute guidelines or provide other
assistance, or both, to local workforce investment boards to help
them implement entrepreneurial and self-employment training programs.
In the development of these guidelines or other assistance, the
board may consult with state agencies and small business-related
associations, as appropriate.