BILL NUMBER: AB 1559 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE AUGUST 17, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
INTRODUCED BY Committee on Labor and Employment (Monning (Chair),
Eng, Furutani, Ma, and Portantino)
MARCH 11, 2009
An act to amend Section 14206 of, and to add Section 14021 to, the
Unemployment Insurance Code, relating to unemployment insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1559, Committee on Labor and Employment. Workforce development:
summer youth job training.
Existing law, the California Workforce Investment Act, establishes
the California Workforce Investment Board (CWIB), which is the body
responsible for assisting the Governor in the development, oversight,
and continuous improvement of California's workforce investment
system, and prescribes the functions and duties of the board.
This bill would require the CWIB, in collaboration with local
workforce investment boards, to establish the California Youth at
Work Program, for the purpose of providing summer job training and
work experience opportunities for youth in the state, in accordance
with specified requirements. The bill would provide that the program
shall only be implemented if the Director of Finance determines that
there are sufficient federal funds made available to the state for
the program pursuant to the American Recovery and Reinvestment Act of
2009 or other federal law, and would require that the program
terminate at such time that the director determines that there are no
longer sufficient federal funds available for the program.
Existing law requires the local chief elected officials in a local
workforce development area to form, pursuant to specified guidelines
established by the Governor and the board, a local workforce
investment board, and prescribes the duties of the board with regard
to the development and implementation of local workforce investment
plans, as specified.
This bill would require the local board to also facilitate the
implementation of summer youth training programs through partnerships
and effective collaboration. Because the bill imposes new duties on
local workforce investment boards with respect to the implementation
of these programs, it would impose a state-mandated 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14021 is added to the Unemployment Insurance
Code, to read:
14021. (a) The California Workforce Investment Board, in
collaboration with local workforce investment boards, shall establish
the California Youth at Work Program, for the purpose of providing
summer job training and work experience opportunities for youth in
the state. The program shall be established in accordance with the
following requirements:
(1) The program shall include a work experience component that
conforms to the federal Workforce Investment Act of 1998 (29 U.S.C.
Sec. 2801 et seq.), and its implementing regulations, as prescribed
in 20 C.F.R. 664.460 (WIA).
(2) Eligible youth who participate in the program shall be between
14 years of age and 24 years of age.
(3) The program shall primarily focus on providing summer job
training and work experience opportunities for youth in the state.
For purposes of this section, the period of "summer" shall be from
May 1 through September 30 of each year. However, program start and
end dates may vary within this time period.
(4) Program services shall target low-income youth and certain
youth populations facing barriers to employment, including, but not
limited to, youth in foster care, and youth who have aged out of
foster care, youth whose families are enrolled in the CalWORKs
(Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of
the Welfare and Institutions Code) program and youth who themselves
are enrolled in the CalWORKs program, homeless youth, and youth with
disabilities. Military veterans and their spouses who are under 24
years of age shall also be given priority for services under the
program.
(5) The program shall, to the extent feasible and appropriate,
incorporate work-based learning strategies, work experience, and
other activities that involve exposing youth to industrial job sector
opportunities that are key to the economic region. Local workforce
investment boards may work with the board to integrate kindergarten
and grades 1 to 12, inclusive, and postsecondary education and
teaching opportunities, as are deemed appropriate.
(6) Wages or stipends may be provided to youth in a
classroom-based component of a summer employment opportunity. Local
workforce investment boards shall collaborate with the board to
develop policies guiding the payment of those classroom-based wages
and stipends.
(7) Minors under 18 years of age who are enrolled in the program
shall be paid at least the minimum wage and applicable overtime rates
established by the state's Industrial Welfare Commission (IWC).
(8) High school graduates or those persons holding an equivalent
degree shall be paid at a level commensurate with adults doing the
same job, when those individuals perform the same quantity, quality,
and classification of work.
(b) The board, in consultation with local workforce investment
boards, shall request, and, if required, obtain any necessary waivers
from the United States Department of Labor, to ensure effective and
efficient implementation of the program set forth in this section.
(c) The program established by the section shall only be
implemented if the Director of Finance determines that there are
sufficient federal funds made available to the state for expenditure
for the program pursuant to the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) or other federal law, and shall
terminate at such time that the director determines that there are no
longer sufficient federal funds available for the program.
SEC. 2. Section 14206 of the Unemployment Insurance Code is
amended to read:
14206. The local board shall do all of the following:
(a) Coordinate workforce investment activities in the local area
with economic development strategies.
(b) Promote participation of private sector employers in the local
workforce investment system.
(c) Develop and submit a local workforce investment plan to the
Governor.
(d) Select one-stop operators, with the agreement of the local
chief elected official, annually review their operations, and
terminate for cause the eligibility of those operators.
(e) Award grants or contracts to eligible providers of youth
activities in the local area on a competitive basis, consistent with
the Workforce Investment Act of 1998 (WIA), based upon the
recommendations of the youth council.
(f) Identify, consistent with the WIA, eligible providers of
training services.
(g) Identify eligible providers of intensive services and, when
the one-stop operator does not provide intensive services to the
local area, award contracts to those providers.
(h) Develop local policy on the amount and duration of individual
training accounts based upon the market rate for local training
programs.
(i) Conduct program oversight over workforce investment activities
in the local area.
(j) Negotiate with the local chief elected official in the local
area and the Governor on local performance measures for the local
area.
(k) Assist in the development of a statewide employment statistics
system, which shall be developed in conjunction with and shall
utilize to the fullest extent possible, the Employment Development
Department's labor market information system.
(l) Facilitate the implementation of summer youth training
programs through partnerships and effective collaboration.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.