California 2013-2014 Regular Session Status: Enacted

AB 1392 — Unemployment insurance: work sharing plans.

Last action — Chaptered by Secretary of State - Chapter 141, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 04, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law deems an individual unemployed in any week if the individual works less than his or her normal weekly hours of work for the individual's regular employer as the result of a plan by the employer, in lieu of layoff, to reduce employment and stabilize the work force by work sharing. Existing law requires that plan to have been approved by the Director of Employment Development, pursuant to prescribed requirements. Existing law requires the plan to involve the participation of at least two employees and include not less than 10 percent of the employer's regular permanent work force, as specified. Existing law requires an approved plan to expire 6 months after its effective date. Existing law provides that employees participating are eligible to receive unemployment compensation benefits in an amount equal to the percentage of reduction of the employee's wages resulting from an approved plan, as specified. This bill would limit the application of these provisions to work sharing plans that become effective before July 1, 2014. The bill would prohibit the renewal of those work sharing plans on or after July 1, 2014. This bill would also revise and recast these provisions as applied to work sharing plans that become effective on or after July 1, 2014. In this regard, the bill would define a work sharing plan as a plan submitted by an employer, for approval by the Director of Employment Development, pursuant to which the employer requests the payment of work sharing compensation to employees in an affected unit of the employer in lieu of layoffs and would establish other definitions in this regard. The bill would require that an employer wishing to participate in the work sharing program submit a signed written work sharing plan to the director for approval, and that the director develop an application form that fulfills specified requirements, and an approval process, and designate a work sharing administrator. The employer would be required to make a series of certifications and to provide for notification of employees, as specified. The bill would establish timelines for the approval or disapproval of a plan and authorize its modification pursuant to a specified process. The bill would prescribe requirements for employees to be eligible for work sharing compensation, as defined. The bill would require that work sharing compensation be charged to employers' experience rating accounts in the same manner as unemployment compensation. Among other things, the bill would prohibit employees from being eligible to receive any benefits pursuant to these provisions unless their employer agrees, in writing, and their bargaining agent agrees, in writing, pursuant to any applicable collective bargaining agreement, to voluntarily participate in the work sharing program.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 141, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2472.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 7 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 1694.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 12). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  12. Referred to Com. on L. & I.R.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1345.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 1).

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 13. Noes 0.) (April 10). Re-referred to Com. on APPR.

  18. Re-referred to Com. on INS.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

  20. Referred to Com. on INS.

  21. From printer. May be heard in committee April 4.

  22. Read first time. To print.

Sponsors

  • Committee on Insurance · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Insurance

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1392 INS. Concurrence in Senate Amendments By PEREA

Passed 76 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 65002
Democratic 7000
Republican 4000
Total 76002
% of votes cast 97%0%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Nestande — Yea
Skinner — Yea
Wagner — Yea
Wilk — Yea
Gorell — Yea
Hagman — Yea
Logue — Yea
Stone — Yea
Lowenthal — Yea
Bigelow — Yea
Daly — Yea
Waldron — Yea
Gray — Yea
Atkins — Yea
Frazier — Yea
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gomez — Yea
Gonzalez — Yea
Harkey — Yea
Bocanegra — Yea
Holden — Yea
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Chesbro — Yea
Medina — Yea
Melendez — Yea
Morrell — Yea
Mullin — Yea
Alejo — Yea
Bloom — Yea
Chávez — Not Voting
Conway — Yea
Cooley — Yea
Donnelly — Not Voting
Eggman — Yea
Nazarian — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

3rd Reading AB1392 Committee on INS. (Perea) By Monning

Passed 33 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31004
Democratic 2001
Total 33005
% of votes cast 87%0%0%13%
How each member voted (38)
Member Party Vote
Anderson — Yea
Block — Yea
Hueso — Yea
Knight — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
De León — Not Voting
Hernandez — Not Voting
Corbett — Yea
Hill — Yea
Huff — Yea
Beall — Yea
Correa — Yea
Lara — Not Voting
Lieu — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1392 INS. Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 64004
Democratic 7000
Republican 4000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Wieckowski — Yea
Gatto — Yea
Stone — Yea
Gomez — Yea
Lowenthal — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Hagman — Yea
Mitchell — Yea
Campos — Yea
Bonilla — Yea
Harkey — Yea
Ammiano — Yea
Daly — Yea
Eggman — Yea
Jones-Sawyer — Yea
Levine — Yea
Mansoor — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Wilk — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Chau — Yea
Holden — Not Voting
Logue — Not Voting
Maienschein — Yea
Chesbro — Yea
Chávez — Yea
Morrell — Yea
Conway — Yea
Cooley — Yea
Donnelly — Not Voting
Nestande — Yea
Rendon — Yea
Ting — Yea
Waldron — Not Voting
Weber — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gorell — Yea
Hall — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Harkey — Yea
Linder — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Bocanegra — Yea
Campos — Yea
Holden — Yea
Donnelly — Yea
Eggman — Yea
Wagner — Yea
Gatto — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Bradford — Yea
Olsen — Yea
Perea — Yea
Wieckowski — Yea
Cooley — Yea
Hagman — Yea
Bonilla — Yea
Mitchell — Yea
Nestande — Yea
Torres — Yea
Frazier — Yea
Beth Gaines — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1392 do?
Existing law deems an individual unemployed in any week if the individual works less than his or her normal weekly hours of work for the individual's regular employer as the result of a plan by the employer, in lieu of layoff, to reduce employment and stabilize the work force by work sharing. Existing law requires that plan to have been approved by the Director of Employment Development, pursuant to prescribed requirements. Existing law requires the plan to involve the participation of at least two employees and include not less than 10 percent of the employer's regular permanent work force, as specified. Existing law requires an approved plan to expire 6 months after its effective date. Existing law provides that employees participating are eligible to receive unemployment compensation benefits in an amount equal to the percentage of reduction of the employee's wages resulting from an approved plan, as specified. This bill would limit the application of these provisions to work sharing plans that become effective before July 1, 2014. The bill would prohibit the renewal of those work sharing plans on or after July 1, 2014. This bill would also revise and recast these provisions as applied to work sharing plans that become effective on or after July 1, 2014. In this regard, the bill would define a work sharing plan as a plan submitted by an employer, for approval by the Director of Employment Development, pursuant to which the employer requests the payment of work sharing compensation to employees in an affected unit of the employer in lieu of layoffs and would establish other definitions in this regard. The bill would require that an employer wishing to participate in the work sharing program submit a signed written work sharing plan to the director for approval, and that the director develop an application form that fulfills specified requirements, and an approval process, and designate a work sharing administrator. The employer would be required to make a series of certifications and to provide for notification of employees, as specified. The bill would establish timelines for the approval or disapproval of a plan and authorize its modification pursuant to a specified process. The bill would prescribe requirements for employees to be eligible for work sharing compensation, as defined. The bill would require that work sharing compensation be charged to employers' experience rating accounts in the same manner as unemployment compensation. Among other things, the bill would prohibit employees from being eligible to receive any benefits pursuant to these provisions unless their employer agrees, in writing, and their bargaining agent agrees, in writing, pursuant to any applicable collective bargaining agreement, to voluntarily participate in the work sharing program.
Who sponsors AB 1392?
AB 1392 is sponsored by Committee on Insurance.
What is the current status of AB 1392?
This bill has been enacted into law. Introduced March 04, 2013. Enacted.
Where can I track AB 1392?
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