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AB-1556 Unemployment insurance.(2013-2014)

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Assembly Bill No. 1556
CHAPTER 377

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

[ Approved by Governor  September 17, 2014. Filed with Secretary of State  September 17, 2014. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1556, Perea. Unemployment insurance.
Existing unemployment insurance law requires all standard information employee pamphlets provided by the Employment Development Department concerning unemployment and disability insurance programs to be printed in English and separately in Spanish, or both.
This bill would instead require those pamphlets to be printed in English and the 7 other most commonly used languages among participants in each program. This bill would require the department to make pages on its Internet Web site that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants.
Existing unemployment insurance law requires the Employment Development Department to pay unemployment compensation benefits to unemployed individuals meeting specified requirements.
This bill would require the Director of Employment Development to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program, as specified, and report to the Legislature the results of the first review on or before July 1, 2015.
Existing law prohibits an unemployed individual from being disqualified for benefits solely on the basis that he or she is a student.
This bill would prohibit an unemployed individual who is meeting specified requirements and is certifying for continued unemployment compensation from being scheduled for a determination of eligibility for a week in which the individual commenced or is participating in a training or education program and has notified the Employment Development Department of the training or education program. This bill would permit the department to schedule and conduct a determination of eligibility if the department determines that the commencement of, or the ongoing participation in, a training or education program conflicts with the eligibility requirements for unemployment compensation. Because this bill would make changes to existing eligibility requirements for unemployment compensation benefits that would result in additional amounts being payable from the Unemployment Fund, a continuously appropriated fund, the bill would make an appropriation.
Existing law requires claims for unemployment compensation to be made in accordance with authorized regulations of the director.
This bill would require a continued claim for unemployment benefits to be submitted within a specified period. It would also prohibit an unemployed individual from being disqualified for unemployment compensation benefits solely on the basis that the continued claim was submitted within a specified period.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

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

316.
 (a) There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the seven other most commonly used languages among participants in each program in such number as he or she may determine.
(b) The department shall make the pages on its Internet Web site that provide information regarding applying for, and receiving, unemployment insurance benefits available in the seven languages, other than English, most commonly used by unemployment insurance applicants and claimants.

SEC. 2.

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

320.3.
 (a) The director shall periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices that do all of the following:
(1) Result in delayed eligibility determinations or benefit payments.
(2) Increase workload for the department.
(3) Provide little or no value in identifying or preventing fraud or abuse in the unemployment insurance program.
(b) The director shall report to the Legislature the results of the first review on or before July 1, 2015, and may submit subsequent reports thereafter. The report shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

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

1253.92.
 (a) An unemployed individual who is meeting all of the requirements under this division, including Section 1253.9, and is certifying for continued unemployment compensation benefits shall not be scheduled for a determination of eligibility for a week in which the individual commenced or is participating in a training or education program and has notified the department of the training or education program.
(b) If the department determines that the commencement of, or the ongoing participation in, a training or education program conflicts with the eligibility requirements for unemployment compensation under this division, the department may schedule and conduct a determination of eligibility.

SEC. 4.

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

1326.5.
 An individual shall, to maintain his or her eligibility to file continued claims during a continuous period of unemployment, submit a continued claim not more than 14 days from the end of the last week ending date showing on the continued claim, or not more than 14 days from the date the department issued that continued claim, whichever is later, unless the department finds good cause for the individual’s delay in submitting the continued claim. An unemployed individual may not be disqualified for unemployment compensation benefits solely on the basis that the continued claim was submitted 15 to 21 days, inclusive, from the end of the last week ending date showing on the continued claim, or 15 to 21 days inclusive, from the date the department issued that continued claim, whichever is later.