BILL NUMBER: SB 968 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 8, 2010
INTRODUCED BY Senator Negrete McLeod
(Coauthors: Senators Correa, DeSaulnier, and Oropeza)
FEBRUARY 5, 2010
An act to amend Sections 1267, 1268, 1269,
1271, 1271.5, and 1272 of , and to repeal and add Section 1269
of, the Unemployment Insurance Code, relating to unemployment
insurance, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 968, as amended, Negrete McLeod. Unemployment insurance:
retraining benefits.
Existing law provides for 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.
This bill would, instead, specify that an unemployed individual
shall be eligible for those training and retraining benefits,
regardless of whether the individual applies to the department for a
determination of potential eligibility.
Existing law 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 remove the requirement that the director
make a specified finding for a determination of eligibility for those
training and retraining benefits to be issued to an unemployed
individual if those conditions apply delete those
provisions, and instead specify that an unemployed individual who is
able to work is eligible to receive training and retraining benefits
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 his
or her job skills and employability .
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 would instead
require that any unemployed individual receiving unemployment
compensation benefits be entitled to a training extension on his or
her unemployment compensation claim, if necessary, to complete
approved training.
Existing law requires the department to inform all individuals who
claim unemployment insurance compensation benefits in this state of
the benefits potentially available, as provided.
This bill would require the department to also publicize and
promote the benefits available under those provisions on its Internet
Web site.
Existing law specifies that, for purposes of provisions governing
eligibility for work with respect to any week an individual is
eligible for unemployment benefits, an unemployed individual who is
able to work is eligible to receive benefits with respect to any week
during a period of training or retraining, if the director finds
that specified conditions apply.
This bill would remove that requirement that the director make a
specified finding for an unemployed individual who is able to work
to be eligible to receive those benefits, if those
specified conditions apply.
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, the bill would make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 approved 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. 2. 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 eligible for
benefits during a period of training or retraining.
SEC. 3. Section 1269 of the Unemployment
Insurance Code is amended to read:
1269. (a) A determination of eligibility for benefits under this
article shall be issued to an unemployed individual if any of the
following apply:
(1) The training is authorized by the federal Workforce Investment
Act or by the Employment Training Panel established pursuant to
Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3.
(2) 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), pursuant to a certified petition.
(3) 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.
(b) In addition to the requirements of subdivision (a), that all
of the following apply:
(1) 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 a
mental or physical disability which prohibits the individual from
utilizing existing occupational skills.
(2) 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.
(3) 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.
(4) If the individual is a journey level union member, the
training or retraining course of instruction is specific job-related
training necessary due to changes in technology, or necessary to
retain employment or to become more competitive in obtaining
employment.
(5) The training or retraining course of instruction is one
approved by the director and can be completed within one year.
(6) 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 immediate employment in a
demand occupation and is not primarily intended to meet the
requirements of any degree from a college, community college, or
university.
(7) The individual can be reasonably expected to complete the
training or retraining successfully.
(8) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.
SEC. 3. Section 1269 of the
Unemployment Insurance Code is repealed.
1269. A determination of potential 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 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 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), pursuant to a certified petition.
(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) That all of the following apply:
(1) 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 a
mental or physical disability which prohibits the individual from
utilizing existing occupational skills.
(2) 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.
(3) 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.
(4) If the individual is a journey level union member, the
training or retraining course of instruction is specific job-related
training necessary due to changes in technology, or necessary to
retain employment or to become more competitive in obtaining
employment.
(5) The training or retraining course of instruction is one
approved by the director and can be completed within one year.
(6) 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 immediate employment in a
demand occupation and is not primarily intended to meet the
requirements of any degree from a college, community college, or
university.
(7) The individual can be reasonably expected to complete the
training or retraining successfully.
(8) The beginning date of training is more than three years after
the beginning date of training last approved for the individual under
this subdivision.
SEC. 4. 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 his or her job skills and
employability.
SEC. 4. SEC. 5. Section 1271 of the
Unemployment Insurance Code is amended to read:
1271. (a) Any unemployed individual receiving unemployment
compensation benefits payable under this division shall be entitled
to a training extension on his or her unemployment compensation
claim, if necessary, to complete approved training.
(b) The training extension 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.
(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).
(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. 5. SEC. 6. 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
available under this article and Section 1271. The department may
convey this information verbally or in written form. 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. The department shall also
publicize and promote the benefits available under this article on
its Internet Web site. These publications, issued by the department
pursuant to authorized regulations, in conjunction with the
publicizing and promoting of benefits on its Internet Web site, may
be used to satisfy the requirements of this section.
(b) Benefits paid under Section 1271 shall be charged to
individual employer reserve accounts, consistent with the provisions
of this code.
SEC. 6. SEC. 7. 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 both of the following apply:
(a) He or she has been determined potentially eligible under
Section 1269 or 1271.
(b) He or she submits with each claim a written certification
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.