AB 1514: Employment Development Department: training benefits: reports.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-08-17
Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, the California Training Benefits Program, until January 1, 2019, authorizes an unemployed individual, who is otherwise eligible for unemployment benefits, to apply to the Employment Development Department for a determination of potential eligibility for benefits during a period of training or retraining.
Existing law sets forth the eligibility criteria for the program, including that 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.
This bill would recast these provisions to permit eligibility for a member of a union or trade association, a participant in training sponsored by an employer, or an individual who is a participant in a state or federally approved apprenticeship program.
Existing law sets the maximum benefit amount under the program at 52 times the weekly benefit amount, including the maximum award under the parent compensation claim, as defined, and requires that benefits received under any federal unemployment compensation law be included as benefits payable under these provisions.
This bill recast those provisions to set forth certain federally funded unemployment benefits to be included within these benefits. Because the bill would make changes to existing eligibility requirements for training and 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This bill would make changes to delete references to the repealed federal Workforce Investment Act of 1998 and instead refer to the successor federal Workforce Innovation and Opportunity Act.
Existing law requires the Director of Employment Development to report to the Legislature by June 30 of each year on the Employment Development Departments fraud deterrence and detection activities.
This bill would instead require the report to be made to specified committees of the Legislature.
Existing law requires the director to prepare and report to specified committees of the Legislature and the State Office of Information Technology on the departments automation plans, including recommendations on improvements and long-term goals and strategies. Existing law requires the report to provide a strategic information plan.
This bill would revise what committees are to receive the report, as specified, and replace references to the State Office of Information Technology with the California Department of Technology.
Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, the California Training Benefits Program, until January 1, 2019, authorizes an unemployed individual, who is otherwise eligible for unemployment benefits, to apply to the Employment Development Department for a determination of potential eligibility for benefits during a period of training or retraining.
Existing law sets forth the eligibility criteria for the program, including that 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.
This bill would recast these provisions to permit eligibility for a member of a union or trade association, a participant in training sponsored by an employer, or an individual who is a participant in a state or federally approved apprenticeship program.
Existing law sets the maximum benefit amount under the program at 52 times the weekly benefit amount, including the maximum award under the parent compensation claim, as defined, and requires that benefits received under any federal unemployment compensation law be included as benefits payable under these provisions.
This bill recast those provisions to set forth certain federally funded unemployment benefits to be included within these benefits. Because the bill would make changes to existing eligibility requirements for training and 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 make changes to delete references to the repealed federal Workforce Investment Act of 1998 and instead refer to the successor federal Workforce Innovation and Opportunity Act.
Existing law requires the Director of Employment Development to report to the Legislature by June 30 of each year on the Employment Development Departments fraud deterrence and detection activities.
This bill would instead require the report to be made to specified committees of the Legislature.
Existing law requires the director to prepare and report to specified committees of the Legislature and the State Office of Information Technology on the departments automation plans, including recommendations on improvements and long-term goals and strategies. Existing law requires the report to provide a strategic information plan.
This bill would revise what committees are to receive the report, as specified, and replace references to the State Office of Information Technology with the California Department of Technology.
Existing law provides unemployment compensation benefits to eligible persons who are unemployed through no fault of their own. Existing law, the California Training Benefits Program, until January 1, 2019, authorizes an unemployed individual, who is otherwise eligible for unemployment benefits, to apply to the Employment Development Department for a determination of potential eligibility for benefits during a period of training or retraining.
Existing law sets forth the eligibility criteria for the program, including that 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.
This bill would recast these provisions to permit eligibility for a member of a union or trade association, a participant in training sponsored by an employer, or an individual who is a participant in a state or federally approved apprenticeship program.
Existing law sets the maximum benefit amount under the program at 52 times the weekly benefit amount, including the maximum award under the parent compensation claim, as defined, and requires that benefits received under any federal unemployment compensation law be included as benefits payable under these provisions.
This bill recast those provisions to set forth certain federally funded unemployment benefits to be included within these benefits. Because the bill would make changes to existing eligibility requirements for training and 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 make changes to delete references to the repealed federal Workforce Investment Act of 1998 and instead refer to the successor federal Workforce Innovation and Opportunity Act.
Existing law requires the Director of Employment Development to report to the Legislature by June 30 of each year on the Employment Development Departments fraud deterrence and detection activities.
This bill would instead require the report to be made to specified committees of the Legislature.
Existing law requires the director to prepare and report to specified committees of the Legislature and the State Office of Information Technology on the departments automation plans, including recommendations on improvements and long-term goals and strategies. Existing law requires the report to provide a strategic information plan.
This bill would revise what committees are to receive the report, as specified, and replace references to the State Office of Information Technology with the California Department of Technology.
Existing law requires the Director of Employment Development to report to the Legislature by June 30 of each year on the Employment Development Departments fraud deterrence and detection activities.
This bill would instead require the report to be made to specified committees of the Legislature.
Existing law requires the director to prepare and report to specified committees of the Legislature and the State Office of Information Technology on the departments automation plans, including recommendations on improvements and long-term goals and strategies. Existing law requires the report to provide a strategic information plan.
This bill would revise what committees are to receive the report, as specified, and replace references to the State Office of Information Technology with the California Department of Technology.
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 applies:
(a)The training is authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128) 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, 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) 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)(1)The individual is a participant in training with a provider that is certified and on the states Eligible Training Provider List (ETPL), as authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer.
(2)The changes made to this subdivision by Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014.
(e)The individual is a journey level member of a union or trade association, or is a participant in training sponsored by an employer, 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, or the individual is a participant in a state or federally approved apprenticeship program.
SEC. 2.Section 1271 of the Unemployment Insurance Code is amended to read:1271.(a)Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is 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 of the parent unemployment compensation claim, which shall be reduced by all of the following:
(1)The maximum benefit award on the parent unemployment compensation claim.
(2)Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law.
(3)Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following:
(A)Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501).
(B)Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001).
(C)Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended.
(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.
SEC. 3.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, 1269.1, or 1271.
(b)He or she submits a certification, as prescribed by the Employment Development Department through regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction.
SEC. 4.Section 2614 of the Unemployment Insurance Code is amended to read:2614.The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the departments fraud deterrence and detection activities.
SEC. 5.Section 4902 of the Unemployment Insurance Code is amended to read:4902.The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(a)Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(b)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(c)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
SEC. 6.Section 4903 of the Unemployment Insurance Code is amended to read:4903.(a)Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report.
(b)When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether:
(1)The requirements for the report have been met.
(2)The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology.
(3)The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.
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 applies:
(a)The training is authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128) 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, 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) 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)(1)The individual is a participant in training with a provider that is certified and on the states Eligible Training Provider List (ETPL), as authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer.
(2)The changes made to this subdivision by Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014.
(e)The individual is a journey level member of a union or trade association, or is a participant in training sponsored by an employer, 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, or the individual is a participant in a state or federally approved apprenticeship program.
SEC. 2.Section 1271 of the Unemployment Insurance Code is amended to read:1271.(a)Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is 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 of the parent unemployment compensation claim, which shall be reduced by all of the following:
(1)The maximum benefit award on the parent unemployment compensation claim.
(2)Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law.
(3)Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following:
(A)Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501).
(B)Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001).
(C)Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended.
(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.
SEC. 3.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, 1269.1, or 1271.
(b)He or she submits a certification, as prescribed by the Employment Development Department through regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction.
SEC. 4.Section 2614 of the Unemployment Insurance Code is amended to read:2614.The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the departments fraud deterrence and detection activities.
SEC. 5.Section 4902 of the Unemployment Insurance Code is amended to read:4902.The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(a)Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(b)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(c)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
SEC. 6.Section 4903 of the Unemployment Insurance Code is amended to read:4903.(a)Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report.
(b)When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether:
(1)The requirements for the report have been met.
(2)The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology.
(3)The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.
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 applies:
(a)The training is authorized by the federal Workforce Investment Act of 1998 (Public Law 105-220) Workforce Innovation and Opportunity Act (Public Law 113-128) 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), and as those acts may be amended by the federal Trade and Globalization Adjustment Assistance Act of 2009, enacted under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), amended, 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) 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)(1)The individual is a participant in training with a provider that is certified and on the states Eligible Training Provider List (ETPL), as authorized by the federal Workforce Investment Act of 1998 (Public Law 105-220), or Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer.
(2)The changes made to this subdivision by the act adding this paragraph Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014.
(e)The individual is a journey level union member of a union or trade association, or is a participant in training sponsored by an employer, 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. employment, or the individual is a participant in a state or federally approved apprenticeship program.
SEC. 2.Section 1271 of the Unemployment Insurance Code is amended to read:1271.(a)Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is 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, of the parent unemployment compensation claim, which shall include the maximum benefit award on the parent unemployment compensation claim. be reduced by all of the following:
(1)The maximum benefit award on the parent unemployment compensation claim.
(2)Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law.
(3)Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following:
(A)Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501).
(B)Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001).
(C)Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended.
(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. 3.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, 1269.1, or 1271.
(b)He or she submits a certification, as prescribed by the Employment Development Department through regulations, executed by a responsible person connected with the training or retraining program regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction.
SECTION 1.SEC. 4.Section 2614 of the Unemployment Insurance Code is amended to read:2614.The director shall report to the Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the departments fraud deterrence and detection activities.
SEC. 2.SEC. 5.Section 4902 of the Unemployment Insurance Code is amended to read:4902.The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(a)Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(b)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(c)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
SEC. 3.SEC. 6.Section 4903 of the Unemployment Insurance Code is amended to read:4903.(a)Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report.
(b)When commenting on the report, the California Department of Technology shall include, but not be limited to, an assessment of whether:
(1)The requirements for the report have been met.
(2)The strategic plan is consistent with the formal strategic plan submitted separately to the California Department of Technology.
(3)The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.
The director shall report to the Legislature Assembly Committee on Insurance, Assembly Committee on Labor and Employment, and the Senate Committee on Labor and Industrial Relations by June 30 of each year on the departments fraud deterrence and detection activities.
SEC. 2.Section 4902 of the Unemployment Insurance Code is amended to read:4902.The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Consumer Protection, Governmental Efficiency, and Economic Development, Labor and Employment, and Ways and Means, Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(a)Provide a strategic information technology plan that describes the long-term goals and strategies which shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(b)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(c)Not necessarily be in addition to or replace any reports now submitted by the director to the State Office of Information Technology in the Department of Finance. California Department of Technology.
SEC. 3.Section 4903 of the Unemployment Insurance Code is amended to read:4903.(a)Thirty days prior to the release of the report identified in Section 4901, the director shall submit it to the Office of Information Technology in the Department of Finance, California Department of Technology, which shall review and comment on it. These comments shall be attached to the report by the director and distributed with the report.
(b)When commenting on the report, the Office of Information Technology California Department of Technology shall include, but not be limited to, an assessment of whether:
(1)The requirements for the report have been met.
(2)The strategic plan is consistent with the formal strategic plan submitted separately to the Office of Information Technology. California Department of Technology.
(3)The costs and benefits identified in the report are consistent with the projects previously submitted for approval or contained in the Information Management Annual Plans.
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Date
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Status
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|---|---|
| Apr 23, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Aug 17, 2015 | Chaptered by Secretary of State - Chapter 224, Statutes of 2015. |
| Aug 17, 2015 | Approved by the Governor. |
| Aug 3, 2015 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 6, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1786.). |
| Jul 6, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jul 6, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 23, 2015 | Read second time. Ordered to third reading. |
| Jun 22, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 10, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 10). Re-referred to Com. on APPR. |
| May 7, 2015 | Referred to Com. on L. & I.R. |
| Mar 5, 2015 | Read first time. To print. |
| Apr 23, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1110.) |
| Apr 23, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 16, 2015 | Read second time. Ordered to consent calendar. |
| Apr 15, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 15). |
| Apr 15, 2015 | From committee: Do pass. Ordered to Consent Calendar. (Ayes 16. Noes 0.) (April 15). |
| Apr 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 8). Re-referred to Com. on APPR. |
| Apr 6, 2015 | Re-referred to Com. on INS. |
| Mar 26, 2015 | Referred to Com. on INS. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended. |
| Mar 6, 2015 | From printer. May be heard in committee April 5. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jul 6, 2015 | Assembly 3rd Reading AB1514 INS. By Mendoza | Senate Floor |
Passed |
|
| Jun 10, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor and Industrial Relations |
Passed |
|
| Apr 23, 2015 | AB 1514 INS. Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 15, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Insurance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Employment Development Department | ** Support | Jul 6, 2015 |
AB 1514
Page 5
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1514
Author: Committee on Insurance
Amended: 3/26/15 in Assembly
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 6/10/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 4/23/15 (Consent) - See last page for vote
SUBJECT: Employment Development Department: training benefits: reports
SOURCE: Employment Development Department
DIGEST: This bill makes minor technical changes to the California Training Benefits (CTB) Program and updates the Employment Development Department (EDD) reporting requirements.
Existing law:
Provides for the payment of unemployment compensation benefits through the Unemployment Insurance (UI) program, administered by the EDD, which is a federal-state program that provides weekly UI payments to eligible workers who lose their jobs through no fault of their own.
Provides that an individual is eligible for UI benefits if he/she meets the following:
Has received enough wages during the base period to establish a claim.
Is totally or partially unemployed.
Is unemployed through no fault of his/her own.
Is physically able to work.
Is available for work, meaning ready and willing to immediately accept work.
Is actively looking for work.
Is approved for training before training benefits are paid.
(Unemployment Insurance Code §1253 et al):
Authorizes an unemployed individual who files a claim for UI benefits or extended duration benefits, to apply to the EDD for a determination of potential eligibility for benefits during a period of training or retraining through the CTB Program. The CTB Program allows eligible claimants to receive their UI benefits while attending training or retraining programs approved by the EDD. Claimants attending an approved training course are not required to look for work, be available for work or accept work while in training. (Unemployment Insurance Code §1268)
Authorizes an automatic eligibility determination for UI benefits to continue during a training program if it falls within the following (Unemployment Insurance Code §1269):
The training is authorized by the federal Workforce Investment Act of 1998 or by the Employment Training Panel.
The training is authorized by the federal Trade Act of 1974.
The individual is a participant of the CalWORKs program.
The individual is a participant in training with a provider that is certified and on the Eligible Training Provider List.
The individual is a journey level union member and the training/retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment.
(Unemployment Insurance Code §1269)
States that any unemployed individual receiving unemployment compensation benefits who applies for a determination of potential eligibility of benefits no later than the 16th week of his or her receiving these benefits, and is determined eligible is entitled to a training extension on his or her employment compensation claim, if necessary, to complete approved training. (Unemployment Insurance Code §1271)
States that 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. (Unemployment Insurance Code §1271)
States that an unemployed individual who is able to work is eligible to receive benefits due to training or retraining if the director finds that the individual has been determined to be potentially eligible and the individual submits a certification from a responsible person connected with the training or retraining program certifying that he or she is enrolled in the training. (Unemployment Insurance Code §1271)
Provides reporting requirements to the Legislature and various state agencies on the EDD’s fraud deterrence and detection activities. (Unemployment Insurance Code §§§2614, 4902 & 4903)
This bill:
Makes minor technical changes to the CTB Program and updates the EDD reporting requirements.
Updates references to outdated federal workforce statutes in sections governing the CTB Program to the Workforce Innovation and Opportunity Act.
Requires the EDD to automatically qualify individuals participating in an employer sponsored training program for benefits through the CTB Program.
Requires the EDD to automatically qualify individuals participating in an apprenticeship program approved by either the state or federal government.
Provides that benefits granted through the CTB Program shall be reduced by the amount of any other UI benefits for which the individual is eligible during the period of training.
Eliminates the requirement that claimants receiving CTB benefits have their weekly certification of benefits signed by their training provider.
Updates existing EDD reporting requirements.
Comments
Need for this bill? The CTB Program allows unemployed Californians who need further job training to be competitive in the California labor market to receive UI benefits without complying with the usual requirement to look for other work and receive up to one year of benefits. The CTB Program provides financial support to individuals while they are participating in a qualified job training program instead of providing partial wage replacement while the individual looks for work.
According to the author’s office, this bill makes minor changes to the Program including: updates reference to Workforce Investment Act which was superseded by the recently enacted Workforce Innovation and Opportunity Act, streamlines the approval process for individuals in apprenticeship training and for journey-level members of employer or trade associations by adding them to the “automatic” approval category and clarifies the calculations for CTB Training Extensions by clarifying that training extension benefits cannot be paid when other types of UI benefits are available. Lastly, according to the author, this bill streamlines the process to verify an individual’s ongoing attendance in a training program by eliminating the requirement for a signature from the training instructor on every bi-weekly claim form – allowing claimants receiving CTB benefits to certify for benefits online or by phone.
Prior Legislation
AB 2058 (Block, Chapter 591, Statutes of 2010) modified the requirements for participating in the state’s retraining benefits program in order to allow unemployed people to automatically continue receiving UI benefits while enrolled in a training program on a full-time basis.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No
Employment Development Department (source)
OPPOSITION: (Verified 6/10/15)
None received
ARGUMENTS IN SUPPORT: According to the Employment Development Department, the CTB Program permits eligible unemployed individuals that are enrolled in approved training to receive UI benefits without the usual requirements to look for work, be available for work, or accept offers of suitable work. The EDD notes that by providing benefits to workers while they receive training or re-training, the CTB Program enables workers to become more competitive in the labor market and return to full employment.
The EDD argues that AB 1514 will make a few modest but necessary changes to the CTB Program. They note specifically that the amendments ensure that state law conforms to recent federal legislation and make other minor changes to streamline the process for applicants and align the law with current procedures and practices.
ASSEMBLY FLOOR: 78-0, 4/23/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O’Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Salas
Prepared by: Deanna Ping / L. & I.R. / (916) 651-1556
6/24/15 17:33:52
**** END ****
AB 1514 (Committee on Insurance) Page 4 of 4
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: AB 1514 Hearing Date: June 10, 2015
Author: |
Committee on Insurance |
||
Version: |
March 26, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Deanna Ping |
||
Subject: Employment Development Department: training benefits: reports.
KEY ISSUE
Should the Legislature make technical changes to the California Training Benefits Program (CTB) such as updates to federal law and EDD reporting requirements?
ANALYSIS
Existing law provides for the payment of unemployment compensation benefits through the Unemployment Insurance (UI) program, administered by the Employment Development Department (EDD), which is a federal-state program that provides weekly unemployment insurance payments to eligible workers who lose their jobs through no fault of their own.
Under existing law, an individual is eligible for UI benefits if he/she meets the following:
(Unemployment Insurance Code §1253 et al)
Has received enough wages during the base period to establish a claim.
Is totally or partially unemployed.
Is unemployed through no fault of his/her own.
Is physically able to work.
Is available for work, meaning ready and willing to immediately accept work.
Is actively looking for work.
Is approved for training before training benefits are paid.
Existing law authorizes an unemployed individual who files a claim for UI benefits or extended duration benefits, to apply to the EDD for a determination of potential eligibility for benefits during a period of training or retraining through the California Training Benefit (CTB) program. The CTB program allows eligible claimants to receive their UI benefits while attending training or retraining programs approved by EDD. Claimants attending an approved training course are not required to look for work, be available for work or accept work while in training. (Unemployment Insurance Code §1268)
Existing law authorizes an automatic eligibility determination for UI benefits to continue during a training program if it falls within the following (Unemployment Insurance Code§1269):
The training is authorized by the federal Workforce Investment Act of 1998 or by the Employment Training Panel.
The training is authorized by the federal Trade Act of 1974.
The individual is a participant of the California WORKs program.
The individual is a participant in training with a provider that is certified and on the Eligible Training Provider List (ETPL).
The individual is a journey level union member and the training/retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment.
(Unemployment Insurance Code §1269)
Existing law states that any unemployed individual receiving unemployment compensation benefits who applies for a determination of potential eligibility of benefits no later than the 16th week of his or her receiving these benefits, and is determined eligible is entitled to a training extension on his or her employment compensation claim, if necessary, to complete approved training. (Unemployment Insurance Code §1271)
Existing law also states that 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. (Unemployment Insurance Code §1271)
Existing law states that an unemployed individual who is able to work is eligible to receive benefits due to training or retraining if the director finds that the individual has been determined to be potentially eligible and the individual submits a certification from a responsible person connected with the training or retraining program certifying that he or she is enrolled in the training. (Unemployment Insurance Code §1271)
Existing
law provides reporting
requirements to the Legislature and various state agencies on the
department’s fraud deterrence and detection activities.
(Unemployment Insurance Code §§§2614, 4902 & 4903)
This Bill makes minor technical changes to the California Training Benefits Program (CTB) and updates EDD reporting requirements. Specifically, this bill:
Updates references to outdated federal workforce statutes in sections governing the California Training Benefits (CTB) program to the Workforce Innovation and Opportunity Act.
Requires the Employment Development Department (EDD) to automatically qualify individuals participating in an employer sponsored training program for benefits through the CTB program.
Requires the Employment Development Department (EDD) to automatically qualify individuals participating in an apprenticeship program approved by either the state or federal government.
Provides that benefits granted through the CTB program shall be reduced by the amount of any other unemployment insurance benefits for which the individual is eligible during the period of training.
Eliminates the requirement that claimants receiving CTB benefits have their weekly certification of benefits signed by their training provider.
Updates existing EDD reporting requirements.
COMMENTS
1. Need for this bill?
The CTB program allows unemployed Californians who need further job training to be competitive in the California labor market to receive UI benefits without complying with the usual requirement to look for other work and receive up to one year of benefits. The CTB program provides financial support to individuals while they are participating in a qualified job training program instead of providing partial wage replacement while the individual looks for work.
According to the author’s office, this bill makes minor changes to the California Training Benefits (CTB) program including: updates reference to Workforce Investment Act which was superseded by the recently enacted Workforce Innovation and Opportunity Act, streamlines the approval process for individuals in apprenticeship training and for journey-level members of employer or trade associations by adding them to the “automatic” approval category and clarifies the calculations for CTB Training Extensions by clarifying that training extension benefits cannot be paid when other types of UI benefits are available. Lastly, according to the author the bill streamlines the process to verify an individual’s ongoing attendance in a training program by eliminating the requirement for a signature from the training instructor on every bi-weekly claim form – allowing claimants receiving CTB benefits to certify for benefits online or by phone.
2. Proponent Arguments:
According to the Employment Development Department, the California Training Benefits program permits eligible unemployed individuals that are enrolled in approved training to receive unemployment insurance benefits without the usual requirements to look for work, be available for work, or accept offers of suitable work. The Employment Development Department notes that by providing benefits to workers while they receive training or re-training, the CTB program enables workers to become more competitive in the labor market and return to full employment.
The EDD argues that AB 1514 will make a few modest but necessary changes to the CTB program. They note specifically that the amendments ensure that State law conforms to recent federal legislation and make other minor changes to streamline the process for applicants and align the law with current procedures and practices.
3. Opponent Arguments:
None received.
4. Prior Legislation:
AB 2058 (Block) of 2010: Chaptered – This bill modified the requirements for participating in the state's retraining benefits program in order to allow unemployed people to automatically continue receiving unemployment insurance (UI) benefits while enrolled in a training program on a full-time basis.
SUPPORT
Employment Development Department (sponsor)
OPPOSITION
None file.
-- END --
AB 1514
Page 2
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1514
(Committee on Insurance) – As Amended March 26, 2015
Policy Committee: |
Insurance |
Vote: |
12 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill makes a number of technical changes to streamline the Employment Development Department's (EDD's) administration of the California Training Benefits Program (CTB), which allows individuals to receive UI benefits while in training, and updates EDD reporting requirements.
FISCAL EFFECT:
Negligible costs, and potentially minor administrative cost savings from provisions that remove some manual verification requirements.
COMMENTS:
Purpose. The bill makes minor changes to the CTB program in order to streamline approval of UI benefits for individuals in certain types of training programs that are currently approved through a more onerous process, and other remove administrative requirements for ongoing verification that appear to have little practical value. It also updates references to federal law.
Background. To collect UI benefits, an individual generally must be actively seeking work and ready to work. The CTB program provides financial support to individuals while they are participating in a qualified job training program, instead of providing partial wage replacement while the individual looks for work. This bill makes several changes that simplify the CTB approval process.
Streamlining approval. This bill would, for example, allow eligible individuals to receive benefits faster by removing the requirement that EDD verify the legitimacy of, for example, state-approved apprenticeship programs. Under current law and practice, there could be a delay in receipt of benefits while EDD reviews the training program, but an individual would ultimately receive retroactive unemployment (UI) benefit payments for the same number of weeks. Thus, these provisions are not expected to increase benefit payments, but should simplify the process for specified categories. The bill's other provisions have similar fiscal effect—negligible increased cost and minor workload savings from simplification.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
AB 1514
Page 2
Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON INSURANCE
Tom Daly, Chair
AB 1514
Committee on Insurance – As Amended March 26, 2015
SUBJECT: Employment Development Department: reports
SUMMARY: Makes minor technical changes to the California Training Benefits Program (CTB) and updates EDD reporting requirements. Specifically, this bill:
Updates references to outdated federal workforce statutes in sections governing the California Training Benefits (CTB) program.
Requires the Employment Development Department (EDD) to automatically qualify individuals participating in an employer sponsored training program for benefits through the CTB program.
Requires the Employment Development Department (EDD) to automatically qualify individuals participating in an apprenticeship program approved by either the state or federal government.
Provides that benefits granted through the CTB program shall be reduced by the amount of any other unemployment insurance benefits for which the individual is eligible during the period of training.
Eliminates the requirement that claimants receiving CTB benefits have their weekly certification of benefits signed by their training provider.
Updates existing EDD reporting requirements.
EXISTING LAW:
Provides unemployment insurance (UI) benefits to workers who are laid off or leave their jobs for good cause.
Requires recipients of UI benefits to answer the following questions for each week of benefits claimed:
Were you were healthy enough to work?
Were you available to accept full-time work?
Did you look for work?
Did you refuse any work?
Did you begin attending school or training?
Did you earn any money?
Establishes the CTB within the UI program to provide workers with extended unemployment benefits if they are enrolled in an approved training program.
FISCAL EFFECT: Undetermined
COMMENTS:
Purpose. The bill makes the following minor changes to the California Training Benefits (CTB) program:
Updates reference to Workforce Investment Act which was superseded by the recently enacted Workforce Innovation and Opportunity Act.
Streamlines the approval process for individuals in apprenticeship training and for journey-level members of employer or trade associations. These individuals are typically approved for participation under current law, but this bill would streamline the process by adding them to the “automatic” approval category.
Clarifies the calculations for CTB Training Extensions by clarifying that training extension benefits cannot be paid when other types of UI benefits are available.
Streamlines the process to verify an individual’s ongoing attendance in a training program by eliminating the requirement for a signature from the training instructor on every bi-weekly claim form. This will allow claimants receiving CTB benefits to certify for benefits online or by phone.
Training Benefits. The CTB program allows unemployed Californians who need further job training to be competitive in the California labor market to receive UI benefits without complying with the usual requirement to look for other work and receive up to one year of benefits. The CTB program provides financial support to individuals while they are participating in a qualified job training program instead of providing partial wage replacement while the individual looks for work.
REGISTERED SUPPORT / OPPOSITION:
Support
Employment Development Department (sponsor)
Opposition
None received
Analysis Prepared by: Paul Riches / INS. / (916) 319-2086
Bill Author
Bill Co-Author(s):