SB 45: Political Reform Act of 1974: mass mailing prohibition.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-06-27
The Political Reform Act of 1974 prohibits mass mailings from being sent at public expense. The act defines mass mailing as over 200 substantially similar pieces of mail, not including form letters or other mail, that are sent in response to an unsolicited request, letter, or other inquiry. Existing regulations of the Fair Political Practices Commission add further definitional criteria for mass mailings and specify certain exceptions to the acts prohibition against mass mailings.
This bill would prohibit a mass mailing that complies with the Commissions regulatory criteria from being sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot for a city, county, or special district elective office.
A willful violation of the acts provisions is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandate local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
The federal Workforce Investment Act of 1998 (WIA) authorizes workforce investment activities, including activities in which states may participate. The federal Workforce Innovation and Opportunity Act (WIOA), beginning July 1, 2015, repeals and supersedes the WIA and, among other things, requires a state, in order to receive specified allotments of federal funds and before the second full program year after July 22, 2014, to identify planning regions and require local boards and chief elected officials to prepare regional plans for those planning regions, as specified.
The California Workforce Investment Act requires the California Workforce Investment Board to develop and update a state workforce investment plan, as specified. Existing law requires each local board to develop and submit to the Governor a comprehensive 5-year local plan in partnership with the appropriate chief local elected officials that is consistent with the state workforce investment plan.
This bill would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions. The bill would require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. By imposing this requirement on local government, the bill would impose a state-mandated local program. The bill would also require the board to aid the Governor in facilitating system alignment across the core programs of WIOA, as defined, and make related and conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The federal Workforce Investment Act of 1998 (WIA) authorizes workforce investment activities, including activities in which states may participate. The federal Workforce Innovation and Opportunity Act (WIOA), beginning July 1, 2015, repeals and supersedes the WIA and, among other things, requires a state, in order to receive specified allotments of federal funds and before the second full program year after July 22, 2014, to identify planning regions and require local boards and chief elected officials to prepare regional plans for those planning regions, as specified.
The California Workforce Investment Act requires the California Workforce Investment Board to develop and update a state workforce investment plan, as specified. Existing law requires each local board to develop and submit to the Governor a comprehensive 5-year local plan in partnership with the appropriate chief local elected officials that is consistent with the state workforce investment plan.
This bill would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions. The bill would require local boards and chief elected officials to prepare regional plans for those planning regions, as specified. By imposing this requirement on local government, the bill would impose a state-mandated local program. The bill would also require the board to aid the Governor in facilitating system alignment across the core programs of WIOA, as defined, and make related and conforming changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for various economic development programs throughout the state that foster community sustainability and community and economic development. Existing law also authorizes local agencies to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of facilities.
This bill would state the intent of the Legislature to enact legislation that would authorize local governmental entities to use tax increment financing for the development of economic planning, infrastructure, and educational facilities.
Existing law provides for various economic development programs throughout the state that foster community sustainability and community and economic development. Existing law also authorizes local agencies to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of facilities.
This bill would state the intent of the Legislature to enact legislation that would authorize local governmental entities to use tax increment financing for the development of economic planning, infrastructure, and educational facilities.
(a)A mass mailing shall not be sent within the 90 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election for a city, county, or special district elective office.
(b)For purposes of this section, mass mailing means a mass mailing, as defined by Section 82041.5, that meets the criteria of subdivision (a) of Section 18901 of Title 2 of the California Code of Regulations and, pursuant to subdivision (b) of Section 18901 of Title 2 of the California Code of Regulations, is not prohibited by Section 89001.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3.The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SECTION 1.Section 14000 of the Unemployment Insurance Code is amended to read:14000.(a)The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce.
(b)The Legislature finds and declares that the following principles shall guide the states workforce investment system:
(1)Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following:
(A)Preparing Californias students and workers with the skills necessary to successfully compete in the global economy.
(B)Producing greater numbers of individuals who obtain industry-recognized certificates and degrees in competitive and emerging industry sectors and filling critical labor market skills gaps.
(C)Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time.
(D)Preparing workers for good-paying jobs that foster economic security and upward mobility.
(2)State and local workforce investment boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, and the Employment Training Panel, to better align resources across workforce education and training service delivery systems and build a well-articulated workforce investment system by accomplishing the following:
(A)Adopting local and regional training and education strategies that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies and career pathways.
(B)Building partnerships, aligning strategies, and leveraging resources across education, social services, and workforce training delivery systems to build a career pipeline and fill critical skills gaps.
(3)Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices.
(4)Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation.
(A)Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industrys employers and the unions that represent the industrys workers.
(B)Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices.
(5)Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings.
(6)Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment.
SEC. 2.Section 14005 of the Unemployment Insurance Code is amended to read:14005.For purposes of this division:
(a)Board means the California Workforce Investment Board.
(b)Agency means the Labor and Workforce Development Agency.
(c)Career pathways, career ladders, or career lattices mean an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time.
(d)Cluster-based sector strategies means methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area.
(e)Data driven means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets.
(f)Economic security means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the workers community, and other factors that may vary by region.
(g)Evidence-based means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence.
(h)High-priority occupations mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand by employers, and pay or lead to payment of a wage that provides economic security.
(i)Individual with employment barriers means an individual with any characteristic that substantially limits an individuals ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency.
(j)Industry cluster means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market.
(k)(1)Industry or sector partnership means a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster. An industry or sector partnership organizes the stakeholders connected with a specific local or regional industrymultiple firms, labor groups, education and training providers, and workforce and education systemsto develop workforce development strategies within the industry. Successful sector partnerships leverage partner resources to address both short-term and long-term human capital needs of a particular sector, including by analyzing current labor markets and identifying barriers to employment within the industry, developing cross-firm skill standards, curricula, and training programs, and developing occupational career ladders to ensure workers of all skill levels can advance within the industry.
(2)Industry or sector partnerships include, at the appropriate stage of development of the partnership, all of the following:
(A)Representatives of multiple firms or employers in the targeted industry cluster, including small-sized and medium-sized employers when practicable.
(B)One or more representatives of state labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representations exists.
(C)One or more representatives of local workforce investment boards.
(D)One or more representatives of kindergarten and grades 1 to 12, inclusive, and postsecondary educational institutions or other training providers, including, but not limited to, career technical educators.
(E)One or more representatives of state workforce agencies or other entities providing employment services.
(3)An industry or sector partnership may also include representatives from the following:
(A)State or local government.
(B)State or local economic development agencies.
(C)Other state or local agencies.
(D)Chambers of commerce.
(E)Nonprofit organizations.
(F)Philanthropic organizations.
(G)Economic development organizations.
(H)Industry associations.
(I)Other organizations, as determined necessary by the members comprising the industry or sector partnership.
(l)Industry sector means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market.
(m)Local labor federation means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council.
(n)Sector strategies means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics:
(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security.
(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations.
(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials.
(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans.
(5)Frequently are implemented using industry or sector partnerships.
(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions.
(o)Workforce Investment Act of 1998 means the federal act enacted as Public Law 105-220.
(p)Labor market area means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Labor market areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor or similar criteria established by the Governor.
(q)Recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a state involved or the federal government, or an associate or baccalaureate degree.
(r)Core program means a program authorized under a core program provision of the federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(s)Core program provision means any of the following:
(1)Subparts 2 and 3 of Part B of Subchapter I of Chapter 32 of Title 29 of the United States Code.
(2)Subchapter II of Chapter 32 of Title 29 of the United States Code.
(3)Sections 1 to 13, inclusive, of the federal Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.).
(4)Title I of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), excluding Section 112 (29 U.S.C. 732) and Part C (29 U.S.C. Sec. 741).
SEC. 3.Section 14010 of the Unemployment Insurance Code is amended to read:14010.The California Workforce Investment Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of Californias workforce system and the alignment of the education and workforce systems to the needs of the 21st century economy and workforce. The board shall aid the Governor in facilitating system alignment across the core programs of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) as well as other educational, social service, rehabilitation, and economic development agencies the Governor chooses to bring together in partnership.
SEC. 4.Article 4 (commencing with Section 14240) is added to Chapter 4 of Division 7 of the Unemployment Insurance Code, to read:4.Regional Planning14240.The state shall, in conformity with the federal Workforce Innovation and Opportunity Act (Public Law 113-128), after consultation with local boards and chief elected officials, and pursuant to a process consistent with the considerations described in Section 3121(b)(1)(B) of Title 29 of the United States Code, identify all of the following:
(a)The regions comprised of one local area aligned with the region.
(b)The regions comprised of two or more local areas collectively aligned with the region. These regions shall be referred to as planning regions, consistent with Section 3102 of Title 29 of the United States Code.
(c)The regions identified pursuant to subdivision (b) that are interstate areas contained within two or more states and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states.
14241.(a)The local boards and chief elected officials in each planning region described in subdivision (b) or (c) of Section 14240 shall engage in a regional planning process that results in all of the following:
(1)The preparation of a regional plan, as described in subdivision (b).
(2)The establishment of regional service strategies, including the use of cooperative service delivery agreements.
(3)The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region.
(4)The collection and analysis of regional labor market data, in conjunction with the state.
(5)The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region.
(6)The coordination of transportation and other supportive services, as appropriate, for the region.
(7)The coordination of services with regional economic development services and providers.
(8)The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in Section 3141(c) of Title 29 of the United States Code for local areas or the planning region.
(b)The state, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in subdivision (a) and incorporates local plans for each of the local areas in the planning region. The state shall provide technical assistance and labor market data, as requested by local areas, to assist with the regional planning and subsequent service delivery efforts.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
(a)The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce.
(b)The Legislature finds and declares that the following principles shall guide the states workforce investment system:
(1)Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following:
(A)Preparing Californias students and workers with the skills necessary to successfully compete in the global economy.
(B)Producing greater numbers of individuals who obtain industry-recognized certificates and degrees in competitive and emerging industry sectors and filling critical labor market skills gaps.
(C)Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time.
(D)Preparing workers for good-paying jobs that foster economic security and upward mobility.
(2)State and local workforce investment boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, and the Employment Training Panel, to better align resources across workforce education and training service delivery systems and build a well-articulated workforce investment system by accomplishing the following:
(A)Adopting local and regional training and education strategies that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies. strategies and career pathways.
(B)Leveraging Building partnerships, aligning strategies, and leveraging resources across education education, social services, and workforce training delivery systems to build a career pathways pipeline and fill critical skills gaps.
(3)Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices.
(4)Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation.
(A)Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industrys employers and the unions that represent the industrys workers.
(B)Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices.
(5)Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings.
(6)Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment.
SEC. 2.Section 14005 of the Unemployment Insurance Code is amended to read:14005.For purposes of this division:
(a)Board means the California Workforce Investment Board.
(b)Agency means the Labor and Workforce Development Agency.
(c)Career pathways, career ladders, or career lattices mean an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time.
(d)Cluster-based sector strategies means methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area.
(e)Data driven means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets.
(f)Economic security means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the workers community, and other factors that may vary by region.
(g)Evidence-based means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence.
(h)High-priority occupations mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand by employers, and pay or lead to payment of a wage that provides economic security.
(i)Individual with employment barriers means an individual with any characteristic that substantially limits an individuals ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency.
(j)Industry cluster means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market.
(k)(1)Industry or sector partnership means a workforce collaborative that organizes key stakeholders in a targeted industry cluster into a working group that focuses on the workforce needs of the targeted industry cluster. An industry or sector partnership organizes the stakeholders connected with a specific local or regional industrymultiple firms, labor groups, education and training providers, and workforce and education systemsto develop workforce development strategies within the industry. Successful sector partnerships leverage partner resources to address both short-term and long-term human capital needs of a particular sector, including by analyzing current labor markets and identifying barriers to employment within the industry, developing cross-firm skill standards, curricula, and training programs, and developing occupational career ladders to ensure workers of all skill levels can advance within the industry.
(2)Industry or sector partnerships include, at the appropriate stage of development of the partnership, all of the following:
(A)Representatives of multiple firms or employers in the targeted industry cluster, including small-sized and medium-sized employers when practicable.
(B)One or more representatives of state labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representations exists.
(C)One or more representatives of local workforce investment boards.
(D)One or more representatives of kindergarten and grades 1 to 12, inclusive, and postsecondary educational institutions or other training providers, including, but not limited to, career technical educators.
(E)One or more representatives of state workforce agencies or other entities providing employment services.
(3)An industry or sector partnership may also include representatives from the following:
(A)State or local government.
(B)State or local economic development agencies.
(C)Other state or local agencies.
(D)Chambers of commerce.
(E)Nonprofit organizations.
(F)Philanthropic organizations.
(G)Economic development organizations.
(H)Industry associations.
(I)Other organizations, as determined necessary by the members comprising the industry or sector partnership.
(l)Industry sector means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market.
(m)Local labor federation means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council.
(n)Sector strategies means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics:
(1)Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security.
(2)Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations.
(3)May be implemented using articulated career pathways or lattices and a system of stackable credentials.
(4)May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans.
(5)Frequently are implemented using industry or sector partnerships.
(6)Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions.
(o)Workforce Investment Act of 1998 means the federal act enacted as Public Law 105-220.
(p)Labor market area means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Labor market areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the Department of Labor or similar criteria established by the Governor.
(q)Recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by a state involved or the federal government, or an associate or baccalaureate degree.
(r)Core program means a program authorized under a core program provision of the federal Workforce Innovation and Opportunity Act (Public Law 113-128).
(s)Core program provision means any of the following:
(1)Subparts 2 and 3 of Part B of Subchapter I of Chapter 32 of Title 29 of the United States Code.
(2)Subchapter II of Chapter 32 of Title 29 of the United States Code.
(3)Sections 1 to 13, inclusive, of the federal Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.).
(4)Title I of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), excluding Section 112 (29 U.S.C. 732) and Part C (29 U.S.C. Sec. 741).
SEC. 3.Section 14010 of the Unemployment Insurance Code is amended to read:14010.The California Workforce Investment Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of Californias workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. The board shall aid the Governor in facilitating system alignment across the core programs of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) as well as other educational, social service, rehabilitation, and economic development agencies the Governor chooses to bring together in partnership.
SEC. 4.Article 4 (commencing with Section 14240) is added to Chapter 4 of Division 7 of the Unemployment Insurance Code, to read:4.Regional Planning14240.The state shall, in conformity with the federal Workforce Innovation and Opportunity Act (Public Law 113-128), after consultation with local boards and chief elected officials, and pursuant to a process consistent with the considerations described in Section 3121(b)(1)(B) of Title 29 of the United States Code, identify all of the following:
(a)The regions comprised of one local area aligned with the region.
(b)The regions comprised of two or more local areas collectively aligned with the region. These regions shall be referred to as planning regions, consistent with Section 3102 of Title 29 of the United States Code.
(c)The regions identified pursuant to subdivision (b) that are interstate areas contained within two or more states and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states.
14241.(a)The local boards and chief elected officials in each planning region described in subdivision (b) or (c) of Section 14240 shall engage in a regional planning process that results in all of the following:
(1)The preparation of a regional plan, as described in subdivision (b).
(2)The establishment of regional service strategies, including the use of cooperative service delivery agreements.
(3)The development and implementation of sector initiatives for in-demand industry sectors or occupations for the region.
(4)The collection and analysis of regional labor market data, in conjunction with the state.
(5)The establishment of administrative cost arrangements, including the pooling of funds for administrative costs, as appropriate, for the region.
(6)The coordination of transportation and other supportive services, as appropriate, for the region.
(7)The coordination of services with regional economic development services and providers.
(8)The establishment of an agreement concerning how the planning region will collectively negotiate and reach agreement with the Governor on local levels of performance for, and report on, the performance accountability measures described in Section 3141(c) of Title 29 of the United States Code for local areas or the planning region.
(b)The state, after consultation with local boards and chief elected officials for the planning regions, shall require the local boards and chief elected officials within a planning region to prepare, submit, and obtain approval of a single regional plan that includes a description of the activities described in subdivision (a) and incorporates local plans for each of the local areas in the planning region. The state shall provide technical assistance and labor market data, as requested by local areas, to assist with the regional planning and subsequent service delivery efforts.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact legislation that would authorize local governmental entities, including, but not limited to, cities, counties, and cities and counties, to use tax increment financing for the development of economic planning, infrastructure, and educational facilities.
HeadingLast amended date.It is the intent of the Legislature to enact legislation that would authorize local governmental entities, including, but not limited to, cities, counties, and cities and counties, to use tax increment financing for the development of economic planning, infrastructure, and educational facilities.
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Date
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Status
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| Mar 25, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 418.) (March 25). Re-referred to Com. on APPR. |
| Jun 27, 2016 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Jun 27, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E. |
| May 14, 2015 | Referred to Coms. on L. & E. and J., E.D., & E. |
| Apr 16, 2015 | Read third time. Passed. (Ayes 38. Noes 0. Page 631.) Ordered to the Assembly. |
| Apr 16, 2015 | In Assembly. Read first time. Held at Desk. |
| Apr 14, 2015 | Read second time. Ordered to third reading. |
| Apr 13, 2015 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 2, 2015 | Set for hearing April 13. |
| Dec 12, 2014 | Introduced. To Com. on RLS. for assignment. To print. |
| Mar 13, 2015 | Set for hearing March 25. |
| Mar 12, 2015 | Re-referred to Com. on L. & I.R. |
| Mar 9, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Mar 9, 2015 | (Corrected March 10). |
| Jan 15, 2015 | Referred to Com. on RLS. |
| Jan 5, 2015 | Read first time. |
| Dec 15, 2014 | From printer. May be acted upon on or after January 14. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 16, 2015 | Senate 3rd Reading SB45 Mendoza | Senate Floor |
Passed |
|
| Mar 25, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Labor and Industrial Relations |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Labor and Workforce Development Agency | ** Support | Apr 16, 2015 |
| California Right to Life Committee, Inc. | ** Against | Apr 16, 2015 |
| California Workforce Association | ** Support | Apr 16, 2015 |
| California Workforce Investment Board | ** Support | Apr 16, 2015 |
SB 45
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 45
Amended: 3/9/15
SENATE LABOR & IND. REL. COMMITTEE: 5-0, 3/25/15
AYES: Mendoza, Stone, Jackson, Leno, Mitchell
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Workforce development: federal Workforce Innovation and Opportunity Act
SOURCE: California Labor and Workforce Development Agency
California Workforce Investment Board
DIGEST: This bill is one of two being sponsored by the California Labor and Workforce Development Agency and the California Workforce Investment Board that will make the necessary changes to existing law for the implementation of the federal Workforce Innovation and Opportunity Act (WIOA) in our State. Among other things, this bill requires the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions and require the locals to prepare regional workforce development plans.
Existing federal law:
The federal WIOA, signed into law on July 22, 2014, replaces the Workforce Investment Act of 1998 (WIA) and retains and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973.
Among other things, the new federal WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
Existing state law:
The WIA provided for activities and programs for job training and employment investment in which states could participate, including work incentive and employment training outreach programs.
Following passage of the federal WIA, the state established the California Workforce Investment Board (CWIB) and charged the CWIB with the responsibility of developing a unified, strategic planning process to coordinate various education, training, and employment programs into an integrated workforce development system that supports economic development.
Requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a Local Workforce Investment Board (LWIB) to plan and oversee the workforce investment system at the local level. There are currently 49 LWIBs in the state. Each local workforce area also created one or more One-Stop Centers, which provide access to career information, counseling, funding for education, training and supportive services. (Unemployment Insurance Code §1400 et al)
This bill makes necessary changes to existing workforce development statutes in California codes to conform to the new federal guidelines under the WIOA.
Specifically, this bill:
Directs the CWIB to aid the Governor in facilitating system alignment across the core programs of the federal WIOA as well as other educational, social service, rehabilitation, and economic development agencies in the partnership.
After consultation with LWIBs and chief elected officials and in conformity with WIOA, requires that the state identify local planning regions.
Requires that the LWIBs and chief elected officials in each planning region engage in regional planning process that results in the following (among others):
The establishment of regional service strategies, including the use of cooperative service delivery agreements;
The development and implementation of sector initiatives for in-demand industries in the region;
The coordination of services with regional economic development services and providers; and
The collection and analysis of regional labor market data.
Requires the LWIBs and chief elected officials in each region prepare and submit for approval, a regional plan that includes description of the activities described above.
Lastly, this bill incorporates relevant WIOA definitions into California statutes.
Background
Under federal law, WIA funds are distributed to the states based on formulas that consider unemployment rates and other economic and demographic factors. California and its 49 Local WIBs receive WIA formula funding from the U.S. Department of Labor through three revenue streams – Adult, Youth, and Dislocated Workers. Under federal law, 85% of Adult and Youth formula funds, and 60% of Dislocated Worker formula funds are distributed to local WIBs. 15% of Adult, Youth, and Dislocated Worker formula funds (15% discretionary funds) are allocated to the state for a variety of discretionary uses. This split in funds usage has changed in recent years due to federal budgetary restrictions and reductions so that the state generally gets less than the 15% discretionary funds. California receives between $350 and $400 million in federal WIA dollars annually.
The CWIB is charged with developing a unified, strategic planning process to coordinate various education, training, and employment programs into an integrated workforce development system that supports economic development. As such, the CWIB has adopted Sector Strategies as the statewide framework for workforce development, and is working closely with the Economic Strategy Panel, other State Agencies and departments and its 49 LWIBs to support the emergence of effective statewide and regionally driven sector initiatives.
Background on the Federal WIOA
The federal WIOA, passed by a wide bipartisan majority and signed into law by
President Barack Obama on July 22, 2014, is the first legislative reform of the
public workforce system in more than 15 years. WIOA supersedes the WIA. WIOA brings together, in strategic coordination, the core programs of Federal investment in skill development, including employment and training services for adults, dislocated workers, youth and individuals with disabilities. WIOA also authorizes programs for specific vulnerable populations including Indian and Native Americans and migrant and seasonal farmworker programs, among others.
The following are some highlights of the WIOA reforms:
Strategically aligns investments in workforce development programs to ensure that services provided are coordinated and complementary to ensure job seekers acquire skills and credentials that meet employers’ needs.
Promotes accountability and transparency by ensuring that investments are evidence-based and data-driven, and accountable to participants and tax-payers.
Fosters regional collaboration to promote alignment of programs with regional economic development strategies to meet local needs.
Improves quality and accessibility of services received by job seekers and employers at their local job centers by, among other things, establishing criteria for certification of the centers that ensures continuous improvements.
Improves services to employers and promotes work-based training – matching employers with skilled individuals by promoting the use of industry and sector partnerships.
Promotes the use of Registered Apprenticeship programs which has proven successful at providing workers with career pathways and opportunities to earn while they learn.
Streamlines and strengthens the roles of Workforce Development Boards – both state and local – to ensure programs are coordinated, complementary and consistent across the state.
The WIOA provisions take effect on July 1, 2015, the first full program year after enactment. However, the WIOA state unified and local plans and the WIOA performance accountability provisions don’t take effect until July 1, 2016. The U.S. Department of Labor will issue further guidance on the timeframes for implementation of WIOA.
Prior and related legislation
AB 1270 (Garcia, 2015)is the second bill sponsored by the California Labor and Workforce Development Agency and the California Workforce Investment Board that will make the necessary changes to existing law for the implementation of WIOA. Specifically, AB 1270 updates statutory references to the WIA to instead refer to the Workforce Innovation and Opportunity Act of 2014 and makes related conforming changes. AB 1270 is pending in the Assembly.
SB 118 (Lieu, Chapter 562, Statutes of 2013) required the California Workforce Investment Board (CWIB) to incorporate specific principles into the state's strategic plan that align the education and workforce investment systems of the state to the needs of the 21st century economy and promotes a well-educated and highly skilled workforce to meet the future workforce needs. SB 118 was a re-introduction of SB 1401 from 2012.
SB 1401 (Lieu, 2012) would have required that the CWIB assist the Governor in targeting resources to specified industry clusters that provide economic security and leverage state and federal funds to ensure that resources are invested in activities that meet the needs of specified industry sectors and advance the education and employment of students and workers so they can meet the specified needs of the state, its regional economies, and leading industry sectors. SB 1401 died in Assembly Appropriations Committee.
SB 698 (Lieu, Chapter 497, Statutes of 2011) required the Governor to establish, through the CWIB, standards for certification of high-performance LWIBs, in accordance with specified criteria. The bill also required the Governor and the Legislature, in consultation with the CWIB, to reserve specified federal discretionary funds for high-performing LWIBs.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Labor and Workforce Development Agency (co-source)
California Workforce Investment Board (co-source)
California Workforce Association
California Labor Federation
OPPOSITION: (Verified 4/15/15)
California Right to Life Committee, Inc.
ARGUMENTS IN SUPPORT: According to the author, the recent recession left us with a shattered job market and a record setting unemployment rate – the toughest jobs crisis in over 50 years. Now more than ever, it is crucial that every dollar of federal workforce funds that our state receives is invested in high quality employment services that connect workers with good paying jobs. The recently passed WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
The enactment of WIOA provides opportunity for reforms to ensure that our state programs are responding to the needs of employers and preparing workers for jobs that are available now and in the future. Additionally, the new federal law envisions more program coordination among the various workforce development entities. According to the author, this bill is necessary to conform California law to the new federal WIOA requirements.
ARGUMENTS IN OPPOSITION: The California Right to Life Committee is concerned about the mandated expansion of regionalizing the workforce as proposed by SB 45. CRLC considers this development as one not in keeping with a Constitutional Republic which provides for its elected representatives at city, county, and state levels and the marketplace to determine the future work needs of the citizens and residents, not to have the prospect of federal funds determine what are the employment needs locally.
Prepared by: Alma Perez / L. & I.R. / (916) 651-1556
4/15/15 16:29:05
**** END ****
SB 45 (Mendoza) Page 5 of 5
SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senator Tony Mendoza, Chair
2015 - 2016 Regular
Bill No: SB 45 Hearing Date: March 25, 2015
Author: |
Mendoza |
||
Version: |
March 9, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Alma Perez-Schwab |
||
Subject: Workforce development: federal Workforce Innovation and Opportunity Act
KEY ISSUES
Should the Legislature pass legislation to conform California’s workforce development laws to the new federal Workforce Innovation and Opportunity Act requirements in order to be eligible to continue receiving federal workforce services funding?
Should the Legislature require that Local Workforce Investment Boards and chief elected officials develop strategic workforce development plans around local regions to promote program alignment and cooperation efforts that meet local needs?
ANALYSIS
The former federal Workforce Investment Act (WIA) of 1998 provided for activities and programs for job training and employment investment in which states could participate, including work incentive and employment training outreach programs. Following passage of the federal WIA, the state established the California Workforce Investment Board (CWIB) and charged the board with the responsibility of developing a unified, strategic planning process to coordinate various education, training, and employment programs into an integrated workforce development system that supports economic development.
Existing law requires the local chief elected officials in a local workforce development area to form, pursuant to specified guidelines, a Local Workforce Investment Board (LWIB) to plan and oversee the workforce investment system at the local level. There are currently 49 local WIBs in the state. Each local workforce area also created one or more One-Stop Centers, which provide access to career information, counseling, funding for education, training and supportive services. (Unemployment Insurance §1400 et al)
The federal Workforce Innovation and Opportunity Act (WIOA), signed into law on July 22, 2014, replaces the Workforce Investment Act of 1998 and retains and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973. Among other things, the new federal WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
This Bill would make necessary changes to existing workforce development statutes in code to conform to the new federal guidelines under the Workforce Innovation and Opportunity Act (WIOA).
Specifically, this bill would:
Direct the CA Workforce Investment Board to aid the Governor in facilitating system alignment across the core programs of the federal WIOA as well as other educational, social service, rehabilitation, and economic development agencies in the partnership.
After consultation with local boards and chief elected officials and in conformity with WIOA, require that the state identify local planning regions.
Require that the local boards and chief elected officials in each planning region engage in regional planning process that results in the following (among others):
The establishment of regional service strategies, including the use of cooperative service delivery agreements;
The development and implementation of sector initiatives for in-demand industries in the region;
The coordination of services with regional economic development services and providers;
The collection and analysis of regional labor market data;
The local boards and chief elected officials in each region would be required to prepare and submit for approval, a regional plan that includes description of the activities described above.
Lastly, the bill would incorporate relevant WIOA definitions into CA statutes.
COMMENTS
1. Background on the CA Workforce Investment Board and WIA Funding:
Under federal law, WIA funds are distributed to the states based on formulas that consider unemployment rates and other economic and demographic factors. California and its 49 Local WIBs receive WIA formula funding from the U.S. Department of Labor through three revenue streams – Adult, Youth, and Dislocated Workers. Under federal law, 85 percent of Adult and Youth formula funds, and 60 percent of Dislocated Worker formula funds are distributed to local WIBs. Fifteen percent of Adult, Youth, and Dislocated Worker formula funds (15% discretionary funds) are allocated to the state for a variety of discretionary uses. This split in funds usage has changed in recent years due to federal budgetary restrictions and reductions so that the state generally gets less than the 15% discretionary funds. California receives between $350 and $400 million in federal WIA dollars annually.
The California State WIB is charged with developing a unified, strategic planning process to coordinate various education, training, and employment programs into an integrated workforce development system that supports economic development. As such, the State WIB has adopted Sector Strategies as the statewide framework for workforce development, and is working closely with the Economic Strategy Panel, other State Agencies and departments and its 49 local Workforce Investment Boards to support the emergence of effective statewide and regionally driven sector initiatives.
2. The federal Workforce Innovation and Opportunity Act (WIOA):
The federal WIOA, passed by a wide bipartisan majority and signed into law by President Barack Obama on July 22, 2014, is the first legislative reform of the public workforce system in more than 15 years. WIOA supersedes the Workforce Investment Act of 1998. WIOA brings together, in strategic coordination, the core programs of Federal investment in skill development, including employment and training services for adults, dislocated workers, youth and individuals with disabilities. WIOA also authorizes programs for specific vulnerable populations including Indian and Native Americans and migrant and seasonal farmworker programs, among others.
The following are some highlights of the WIOA reforms:
Strategically aligns investments in workforce development programs to ensure that services provided are coordinated and complementary to ensure job seekers acquire skills and credentials that meet employers’ needs.
Promotes accountability and transparency by ensuring that investments are evidence-based and data-driven, and accountable to participants and tax-payers.
Fosters regional collaboration to promote alignment of programs with regional economic development strategies to meet local needs.
Improves quality and accessibility of services received by job seekers and employers at their local job centers by, among other things, establishing criteria for certification of the centers that ensures continuous improvements.
Improves services to employers and promotes work-based training – matching employers with skilled individuals by promoting the use of industry and sector partnerships.
Promotes the use of Registered Apprenticeship programs which has proven successful at providing workers with career pathways and opportunities to earn while they learn.
Streamlines and strengthens the roles of Workforce Development Boards – both state and local – to ensure programs are coordinated, complementary and consistent across the state.
The WIOA provisions take effect on July 1, 2015, the first full program year after enactment. However, the WIOA state unified and local plans and the WIOA performance accountability provisions don’t take effect until July 1, 2016. The U.S. Department of Labor will issue further guidance on the timeframes for implementation of WIOA.
3. Need for this bill?
The U.S. Department of Labor, in coordination with the U.S. Departments of Education and Health and Human Services, are working to ensure that states and local areas, other grantees, and stakeholders are prepared for implementation of WIOA by providing technical assistance, tools, and resources to its website, webinars, and virtual and in-person discussions. The U.S. Department of Labor has also recommended that state’s review their existing laws to identify areas that may conflict with WIOA and develop plans and strategies to resolve these conflicts. When there are conflicts between state and federal laws, federal law takes precedence.
Additionally, beyond complying with the new federal requirements, WIOA offers states an opportunity to continue to modernize the workforce system and create a customer-centered system where 1) the needs of business and workers drive solutions; 2) one-stop career centers provide excellent customer service to jobseekers and businesses; and 3) the workforce system supports strong regional economies. State and local workforce boards – in partnership with workforce, economic development, education, and social service organizations at the state, regional and local levels are encouraged to work together in this transition to achieve the vision of WIOA. To this end, WIOA allows states and locals to use up to two percent (2%) of the WIA’s 2014 fiscal year Youth, Adult and Dislocated Worker formula funds to transition to WIOA.
SB 45 is one of two bills being sponsored by the California Labor and Workforce Development Agency and the California Workforce Investment Board that will make the necessary changes to existing law for the implementation of WIOA in our State. Among other things, SB 45 would require the state, in conformity with WIOA and after consultation with local boards and chief elected officials, to identify planning regions and require the locals to prepare regional workforce development plans.
4. Proponent Arguments:
According to the author, the recent recession left us with a shattered job market and a record setting unemployment rate – the toughest jobs crisis in over 50 years. Now more than ever, it is crucial that every dollar of federal workforce funds that our state receives is invested in high quality employment services that connect workers with good paying jobs. The recently passed WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy.
The enactment of WIOA provides opportunity for reforms to ensure that our state programs are responding to the needs of employers and preparing workers for jobs that are available now and in the future. Additionally, the new federal law envisions more program coordination among the various workforce development entities. According to the author, this bill is necessary to conform California law to the new federal WIOA requirements.
5. Opponent Arguments:
The California Right to Life Committee is concerned about the mandated expansion of regionalizing the workforce as proposed by SB 45. CRLC considers this development as one not in keeping with a Constitutional Republic which provides for its elected representatives at city, county, and state levels and the marketplace to determine the future work needs of the citizens and residents, not to have the prospect of federal funds determine what are the employment needs locally.
6. Prior and Related Legislation:
AB 1270 (Garcia) of 2015: Pending referral in the Assembly
AB 1270 is the second bill sponsored by the CA Labor and Workforce Development Agency and the California Workforce Investment Board that will make the necessary changes to existing law for the implementation of WIOA. Specifically, AB 1270 would update statutory references to the Workforce Investment Act of 1998 to instead refer to the Workforce Innovation and Opportunity Act of 2014 and makes related conforming changes.
SB 1401 (Lieu) of 2012: Held in Assembly Appropriations Committee
SB 1401 would have required that the State WIB assist the Governor in targeting resources to specified industry clusters that provide economic security and leverage state and federal funds to ensure that resources are invested in activities that meet the needs of specified industry sectors and advance the education and employment of students and workers so they can meet the specified needs of the state, its regional economies, and leading industry sectors.
SB 698 (Lieu) of 2011: Chaptered
SB 698 requires the Governor to establish, through the California Workforce Investment Board, standards for certification of high-performance local WIBs, in accordance with specified criteria. The bill also requires the Governor and the Legislature, in consultation with the California Workforce Investment Board, to reserve specified federal discretionary funds for high-performing local WIBs.
SUPPORT
CA Labor and Workforce Development Agency (LWDA) – Sponsor
California Workforce Association (CWA)
OPPOSITION
California Right to Life Committee, Inc.
-- END --
Bill Author
Bill Co-Author(s):