Amended in Senate June 4, 2014

Amended in Assembly March 17, 2014

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 amended, 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 7 other most commonly used languages among participants in each program. This bill would require thebegin delete Employment Development Departmentend deletebegin insert departmentend insert to make pages on its Internet Web site that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 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 isbegin delete 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.end deletebegin insert meeting specified requirements and is certifying for continued unemployment compensation from being scheduled for a determination of eligibility for a week in which the individual commenced or is participating in a training or education program and has notified the Employment Development Department of the training or education program. This bill would permit the department to schedule and conduct a determination of eligibility if the department determines that the commencement of, or the ongoing participation in, a training or education program conflicts with the eligibility requirements for unemployment compensation.end insert 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:

P3    1

SECTION 1.  

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

3

316.  

(a) There 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 English and the seven other
11most commonly used languages among participants in each
12program in such number as he or she may determine.

13(b) The department shall make the pages on its Internet Web
14site that provide information regarding applying for, and receiving,
15unemployment insurance benefits available in the seven languages,
16other than English, most commonly used by unemployment
17insurance applicants and claimants.

18

SEC. 2.  

Section 320.3 is added to the Unemployment Insurance
19Code
, to read:

20

320.3.  

(a) The director shall periodically review policies and
21practices used to determine eligibility for and the amount of
22benefits in the unemployment insurance program to identify those
23policies and practices that do all of the following:

24(1) Result in delayed eligibility determinations or benefit
25payments.

26(2) Increase workload for the department.

27(3) Provide little or no value in identifying or preventing fraud
28or abuse in the unemployment insurance program.

29(b) The director shall report to the Legislature the results of the
30first review on or before July 1, 2015, and may submit subsequent
31reports thereafter. The report shall be submitted in compliance
32with Section 9795 of the Government Code.

begin delete33

SEC. 3.  

Section 1253.92 is added to the Unemployment
34Insurance Code
, to read:

35

1253.92.  

(a) An unemployed individual who is otherwise
36eligible for and receiving unemployment compensation benefits
37shall not be deemed ineligible for a week in which the unemployed
P4    1individual commenced a training or education program whenever
2both of the following occur:

3(1) The individual has notified the department of the training
4or education program on a continued claim form.

5(2) The individual has certified on the continued claim form to
6all of the following:

7(A) He or she looked for work.

8(B) He or she was able to work.

9(C) He or she was willing to accept full-time work in the same
10week he or she began a training or education program.

11(b) The department may conduct an inquiry to determine if the
12commencement of the training or education program significantly
13impairs the availability of the unemployed person. If the department
14determines that the commencement of the training or education
15program significantly impairs the unemployed person’s availability
16to accept work, then the department may take appropriate action
17regarding the payment of unemployment benefits.

end delete
18begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1253.92 is added to the end insertbegin insertUnemployment
19Insurance Code
end insert
begin insert, to read:end insert

begin insert
20

begin insert1253.92.end insert  

(a) An unemployed individual who is meeting all of
21the requirements under this division, including Section 1253.9,
22and is certifying for continued unemployment compensation
23benefits shall not be scheduled for a determination of eligibility
24for a week in which the individual commenced or is participating
25in a training or education program and has notified the department
26of the training or education program.

27(b) If the department determines that the commencement of, or
28the ongoing participation in, a training or education program
29conflicts with the eligibility requirements for unemployment
30compensation under this division, the department may schedule
31and conduct a determination of eligibility.

end insert
32

SEC. 4.  

Section 1326.5 is added to the Unemployment
33Insurance Code
, to read:

34

1326.5.  

A claimant shall submit a continued claim within 14
35days of the end of the last week for which benefits were paid. The
36director shall not reevaluate a continued claim for eligibility solely
37due to a claim being submitted 15 to 21 days, inclusive, from the
38end of the last week for which benefits were paid.



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