California Legislature—2013–14 Regular Session

Assembly BillNo. 1556


Introduced by Assembly Member Perea

(Coauthors: Assembly Members Ian Calderon, Frazier, Gonzalez, and Wieckowski)

January 27, 2014


An act to amend Section 316 of, and to add Sections 320.3, 1253.92, and 1326.5 to, the Unemployment Insurance Code, relating to unemployment insurance, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1556, as introduced, Perea. Unemployment insurance.

Existing unemployment insurance law requires all standard information employee pamphlets provided by the Employment Development Department concerning unemployment and disability insurance programs to be printed in English and separately in Spanish, or both.

This bill would instead require those pamphlets to be printed in English and the 4 other most commonly used languages among participants in each program. This bill would require the Employment Development Department to make pages on its Internet Web site that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 4 languages, other than English, most commonly used by unemployment insurance applicants and claimants.

Existing unemployment insurance law requires the Employment Development Department to pay unemployment compensation benefits to unemployed individuals meeting specified requirements.

This bill would require the Director of Employment Development to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program, as specified, and report to the Legislature the results of the first review on or before July 1, 2015.

Existing law prohibits an unemployed individual from being disqualified for benefits solely on the basis that he or she is a student.

This bill would prohibit an unemployed individual who is otherwise eligible for and receiving unemployment compensation benefits from being deemed ineligible for a week in which the individual commenced a training or education program, if specified conditions are met. Because this bill would make changes to existing eligibility requirements for unemployment compensation benefits that would result in additional amounts being payable from the Unemployment Fund, a continuously appropriated fund, the bill would make an appropriation.

Existing law requires claims to be made in accordance with authorized regulations of the director.

This bill would require a continued claim to be submitted within a specified period. It would also prohibit the director from reevaluating a continued claim for eligibility solely because it was submitted 15 to 21 days, inclusive, from the end of the last week for which benefits were paid.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 316 of the Unemployment Insurance
2Code
is amended to read:

3

316.  

begin insert(a)end insertbegin insertend insertThere shall be maintained within an appropriate
4division of the department, a bureau, section or unit relating to
5education and public instruction for the purpose of informing
6employers and workers of their rights and responsibilities under
7this code, and of instructing the public generally concerning its
8basic purposes, provisions and operations. All standard information
9employee pamphlets concerning unemployment and disability
10insurance programs shall be printed in Englishbegin delete and separately in
11Spanish, or at the discretion of the director, in English and Spanish,end delete

12begin insert and the four other most commonly used languages among
P3    1participants in each programend insert
in such number as hebegin insert or sheend insert may
2determine.

begin insert

3(b) The department shall make the pages on its Internet Web
4site that provide information regarding applying for, and receiving,
5unemployment insurance benefits available in the four languages,
6other than English, most commonly used by unemployment
7insurance applicants and claimants.

end insert
8

SEC. 2.  

Section 320.3 is added to the Unemployment Insurance
9Code
, to read:

10

320.3.  

(a) The director shall periodically review policies and
11practices used to determine eligibility for and the amount of
12benefits in the unemployment insurance program to identify those
13policies and practices that do all of the following:

14(1) Result in delayed eligibility determinations or benefit
15payments.

16(2) Increase workload for the department.

17(3) Provide little or no value in identifying or preventing fraud
18or abuse in the unemployment insurance program.

19(b) The director shall report to the Legislature the results of the
20first review on or before July 1, 2015, and may submit subsequent
21reports thereafter. The report shall be submitted in compliance
22with Section 9795 of the Government Code.

23

SEC. 3.  

Section 1253.92 is added to the Unemployment
24Insurance Code
, to read:

25

1253.92.  

(a) An unemployed individual who is otherwise
26eligible for and receiving unemployment compensation benefits
27shall not be deemed ineligible for a week in which the unemployed
28individual commenced a training or education program whenever
29both of the following occur:

30(1) The individual has notified the department of the training
31or education program on a continued claim form.

32(2) The individual has certified on the continued claim form to
33all of the following:

34(A) He or she looked for work.

35(B) He or she was able to work.

36(C) He or she was willing to accept full-time work in the same
37week he or she began a training or education program.

38(b) The department may conduct an inquiry to determine if the
39commencement of the training or education program significantly
40impairs the availability of the unemployed person. If the department
P4    1determines that the commencement of the training or education
2program significantly impairs the unemployed person’s availability
3to accept work, then the department may take appropriate action
4regarding the payment of unemployment benefits.

5

SEC. 4.  

Section 1326.5 is added to the Unemployment
6Insurance Code
, to read:

7

1326.5.  

A claimant shall submit a continued claim within 14
8days of the end of the last week for which benefits were paid. The
9director shall not reevaluate a continued claim for eligibility solely
10due to a claim being submitted 15 to 21 days, inclusive, from the
11end of the last week for which benefits were paid.



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