Amended in Assembly August 17, 2015

Amended in Assembly July 1, 2015

Senate BillNo. 342


Introduced by Senator Jackson

February 23, 2015


An act to amend Sections 14000, 14005, and 14013 of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 342, as amended, Jackson. California Workforce Investment Board: responsibilities.

(1) Under existing law, the California Workforce Investment Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system. Existing law requires the board to assist the Governor in targeting resources to specified industry sectors and providing guidance to ensure that services reflect the needs of those sectors.

This bill would additionally require the board to assist the Governor in helping individuals with barriers to employment achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends.

(2) Existing law requires the California Workforce Investment Board, in consultation with the Division of Apprenticeship Standards, to identify opportunities for “earn and learn” job training opportunities that meet an industry’s workforce demands and that are in high-wage, high-demand jobs, identify and develop specific requirements and qualifications for entry into “earn and learn” job training models, and establish standards for “earn and learn” job training programs that are outcome oriented and accountable, as specified.

This bill would define the term “earn and learn” for the purposes of these provisions.

begin insert

(3) This bill would incorporate additional changes to Sections 14000, 14005, and 14013 of the Unemployment Insurance Code made by this bill and AB 1270 to take effect if both bills are chaptered and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 14000 of the Unemployment Insurance
2Code
is amended to read:

3

14000.  

(a) The Legislature finds and declares that, in order
4for California to remain prosperous and globally competitive, it
5needs to have a well-educated and highly skilled workforce.

6(b) The Legislature finds and declares that the following
7principles shall guide the state’s workforce investment system:

8(1) Workforce investment programs and services shall be
9responsive to the needs of employers, workers, and students by
10accomplishing the following:

11(A) Preparing California’s students and workers with the skills
12necessary to successfully compete in the global economy.

13(B) Producing greater numbers of individuals who obtain
14industry-recognized certificates and degrees in competitive and
15emerging industry sectors and filling critical labor market skills
16gaps.

17(C) Adapting to rapidly changing local and regional labor
18markets as specific workforce skill requirements change over time.

19(D) Preparing workers for good-paying jobs that foster economic
20security and upward mobility.

21(2) State and local workforce investment boards are encouraged
22to collaborate with other public and private institutions, including
23businesses, unions, nonprofit organizations, kindergarten and
24grades 1 to 12, inclusive, career technical education programs,
25adult career technical education and basic skills programs,
26community college career technical education and basic skills
27programs, entrepreneurship training programs, where appropriate,
P3    1the California Community Colleges Economic and Workforce
2Development Program, and the Employment Training Panel, to
3better align resources across workforce education and training
4service delivery systems and build a well-articulated workforce
5investment system by accomplishing the following:

6(A) Adopting local and regional training and education strategies
7which include workplace-based earn and learn programs that build
8on the strengths and fill the gaps in the education and workforce
9development pipeline in order to address the needs of job seekers,
10workers, and employers within regional labor markets by
11supporting sector strategies.

12(B) Leveraging resources across education and workforce
13training delivery systems to build career pathways and fill critical
14skills gaps.

15(3) Workforce investment programs and services shall be data
16driven and evidence based when setting priorities, investing
17resources, and adopting practices.

18(4) Workforce investment programs and services shall develop
19strong partnerships with the private sector, ensuring industry
20involvement in needs assessment, planning, and program
21evaluation.

22(A) Workforce investment programs and services shall
23encourage industry involvement by developing strong partnerships
24with an industry’s employers and the unions that represent the
25industry’s workers.

26(B) Workforce investment programs and services may consider
27the needs of employers and businesses of all sizes, including large,
28medium, small, and microenterprises, when setting priorities,
29investing resources, and adopting practices.

30(5) Workforce investment programs and services shall be
31outcome oriented and accountable, measuring results for program
32participants, including, but not limited to, outcomes related to
33program completion, employment, and earnings.

34(6) Programs and services shall be accessible to employers, the
35self-employed, workers, and students who may benefit from their
36operation, including individuals with employment barriers, such
37as persons with economic, physical, or other barriers to
38employment.

39begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 14000 of the end insertbegin insertUnemployment Insurance Codeend insert
40begin insert is amended to read:end insert

P4    1

14000.  

(a) The Legislature finds and declares that, in order
2for California to remain prosperous and globally competitive, it
3needs to have a well-educated and highly skilled workforce.

4(b) The Legislature finds and declares that the following
5principles shall guide the state’s workforce investment system:

6(1) Workforce investment programs and services shall be
7responsive to the needs of employers, workers, and students by
8accomplishing the following:

9(A) Preparing California’s students and workers with the skills
10necessary to successfully compete in the global economy.

11(B) Producing greater numbers of individuals who obtain
12industry-recognized certificates andbegin insert career-orientedend insert degrees in
13competitive and emerging industry sectors and filling critical labor
14market skills gaps.

15(C) Adapting to rapidly changing local and regional labor
16markets as specific workforce skill requirements change over time.

17(D) Preparing workers for good-paying jobs that foster economic
18security and upward mobility.

begin insert

19(E) Aligning employment programs, resources, and planning
20efforts regionally around industry sectors that drive regional
21employment to connect services and training directly to jobs.

end insert

22(2) State and local workforcebegin delete investmentend deletebegin insert developmentend insert boards
23are encouraged to collaborate with other public and private
24institutions, including businesses, unions, nonprofit organizations,
25kindergarten and grades 1 to 12, inclusive, career technical
26education programs, adult career technical education and basic
27skills programs,begin insert apprenticeships,end insert community college career
28technical education and basic skills programs, entrepreneurship
29training programs, where appropriate, the California Community
30Colleges Economic and Workforce Development Program,begin delete andend delete
31 the Employment Training Panel,begin insert and county-based social and
32employment services,end insert
to better align resources acrossbegin delete workforce
33education and trainingend delete
begin insert workforce, training, education, and socialend insert
34 service delivery systems and build a well-articulated workforce
35investment system by accomplishing the following:

36(A) Adopting local and regional training and education strategies
37begin insert which include workplace-based earn and learn programsend insert that
38build on the strengths and fill the gaps in the education and
39workforce development pipeline in order to address the needs of
P5    1job seekers, workers, and employers within regional labor markets
2by supporting sector strategies.

3(B) Leveraging resources across education and workforce
4training delivery systems to build career pathways and fill critical
5skills gaps.

6(3) Workforce investment programs and services shall be data
7driven and evidence based when setting priorities, investing
8resources, and adopting practices.

9(4) Workforce investment programs and services shall develop
10strong partnerships with the private sector, ensuring industry
11involvement in needs assessment, planning, and program
12evaluation.

13(A) Workforce investment programs and services shall
14encourage industry involvement by developing strong partnerships
15with an industry’s employers and the unions that represent the
16industry’s workers.

17(B) Workforce investment programs and services may consider
18the needs of employers and businesses of all sizes, including large,
19medium, small, and microenterprises, when setting priorities,
20investing resources, and adopting practices.

21(5) Workforce investment programs and services shall be
22outcome oriented and accountable, measuring results for program
23participants, including, but not limited to, outcomes related to
24program completion, employment, and earnings.

25(6) Programs and services shall be accessible to employers, the
26self-employed, workers, and students who may benefit from their
27operation, including individuals with employment barriers, such
28as persons with economic, physical, or other barriers to
29employment.

30

SEC. 2.  

Section 14005 of the Unemployment Insurance Code
31 is amended to read:

32

14005.  

For purposes of this division:

33(a) “Board” means the California Workforce Investment Board.

34(b) “Agency” means the Labor and Workforce Development
35Agency.

36(c) “Career pathways,” “career ladders,” or “career lattices”
37mean an identified series of positions, work experiences, or
38educational benchmarks or credentials with multiple access points
39that offer occupational and financial advancement within a
40specified career field or related fields over time.

P6    1(d) “Cluster-based sector strategies”begin delete meansend deletebegin insert meanend insert methods of
2focusing workforce and economic development on those sectors
3that have demonstrated a capacity for economic growth and job
4creation in a particular geographic area.

5(e) “Data driven” means a process of making decisions about
6investments and policies based on systematic analysis of data,
7which may include data pertaining to labor markets.

8(f) “Economic security” means, with respect to a worker, earning
9a wage sufficient to support a family adequately, and, over time,
10to save for emergency expenses and adequate retirement income,
11based on factors such as household size, the cost of living in the
12worker’s community, and other factors that may vary by region.

13(g) “Evidence-based” means making use of policy research as
14a basis for determining best policy practices. Evidence-based
15policymakers adopt policies that research has shown to produce
16positive outcomes, in a variety of settings, for a variety of
17populations over time. Successful, evidence-based programs deliver
18quantifiable and sustainable results. Evidence-based practices
19differ from approaches that are based on tradition, belief,
20convention, or anecdotal evidence.

21(h) “High-priority occupations” mean occupations that have a
22significant presence in a targeted industry sector or industry cluster,
23are in demand by employers, and pay or lead to payment of a wage
24that provides economic security.

25(i) “Individual with employment barriers” means an individual
26with any characteristic that substantially limits an individual’s
27ability to obtain employment, including indicators of poor work
28history, lack of work experience, or access to employment in
29nontraditional occupations, long-term unemployment, lack of
30educational or occupational skills attainment, dislocation from
31high-wage and high-benefit employment, low levels of literacy or
32English proficiency, disability status, or welfare dependency.

33(j) “Industry cluster” means a geographic concentration or
34emerging concentration of interdependent industries with direct
35service, supplier, and research relationships, or independent
36industries that share common resources in a given regional
37economy or labor market. An industry cluster is a group of
38employers closely linked by common product or services,
39workforce needs, similar technologies, and supply chains in a given
40regional economy or labor market.

P7    1(k) (1) “Industry or sector partnership” means a workforce
2collaborative that organizes key stakeholders in a targeted industry
3cluster into a working group that focuses on the workforce needs
4of the targeted industry cluster. An industry or sector partnership
5organizes the stakeholders connected with a specific local or
6regional industry--multiple firms, labor groups, education and
7training providers, and workforce and education systems--to
8develop workforce development strategies within the industry.
9Successful sector partnerships leverage partner resources to address
10both short-term and long-term human capital needs of a particular
11sector, including by analyzing current labor markets and identifying
12barriers to employment within the industry, developing cross-firm
13skill standards, curricula, and training programs, and developing
14occupational career ladders to ensure workers of all skill levels
15can advance within the industry.

16(2) Industry or sector partnerships include, at the appropriate
17stage of development of the partnership, all of the following:

18(A) Representatives of multiple firms or employers in the
19targeted industry cluster, including small-sized and medium-sized
20employers when practicable.

21(B) One or more representatives of state labor organizations,
22central labor coalitions, or other labor organizations, except in
23instances where no labor representations exists.

24(C) One or more representatives of local workforce investment
25boards.

26(D) One or more representatives of kindergarten and grades 1
27to 12, inclusive, and postsecondary educational institutions or other
28training providers, including, but not limited to, career technical
29educators.

30(E) One or more representatives of state workforce agencies or
31other entities providing employment services.

32(3) An industry or sector partnership may also include
33representatives from the following:

34(A) State or local government.

35(B) State or local economic development agencies.

36(C) Other state or local agencies.

37(D) Chambers of commerce.

38(E) Nonprofit organizations.

39(F) Philanthropic organizations.

40(G) Economic development organizations.

P8    1(H) Industry associations.

2(I) Other organizations, as determined necessary by the members
3 comprising the industry or sector partnership.

4(l) “Industry sector” means those firms that produce similar
5products or provide similar services using somewhat similar
6business processes, and are closely linked by workforce needs,
7within a regional labor market.

8(m) “Local labor federation” means a central labor council that
9is an organization of local unions affiliated with the California
10Labor Federation or a local building and construction trades council
11affiliated with the State Building and Construction Tradesbegin delete Council.end delete
12begin insert Council of California.end insert

13(n) “Sector strategies” means methods of prioritizing
14investments in competitive and emerging industry sectors and
15industry clusters on the basis of labor market and other economic
16data indicating strategic growth potential, especially with regard
17to jobs and income, and exhibit the following characteristics:

18(1) Focus workforce investment in education and workforce
19training programs that are likely to lead to jobs providing economic
20security or to an entry-level job with a well-articulated career
21pathway into a job providing economic security.

22(2) Effectively boost labor productivity or reduce business
23barriers to growth and expansion stemming from workforce supply
24problems, including skills gaps and occupational shortages by
25directing resources and making investments to plug skills gaps
26and provide education and training programs for high-priority
27occupations.

28(3) May be implemented using articulated career pathways or
29lattices and a system of stackable credentials.

30(4) May target underserved communities, disconnected youths,
31incumbent workers, and recently separated military veterans.

32(5) Frequently are implemented using industry or sector
33partnerships.

34(6) Typically are implemented at the regional level where sector
35firms, those employers described in subdivisions (j) and (l), often
36share a common labor market and supply chains. However, sector
37strategies may also be implemented at the state or local level
38depending on sector needs and labor market conditions.

39(o) “Workforce Investment Act of 1998” means the federal act
40enacted as Public Law 105-220.

P9    1(p) (1) “Earn and learn” includes, but is not limited to, a
2program that doesbegin delete anyend deletebegin insert eitherend insert of the following:

3(A) Combinesbegin delete applied-learningend deletebegin insert applied learningend insert in a workplace
4setting with compensation allowing workers or students to gain
5work experience and secure a wage as they develop skills and
6competencies directly relevant to the occupation or career for
7which they are preparing.

8(B) Brings together classroom instruction with on-the-job
9training to combine both formal instruction and actual paid work
10experience.

11(2) “Earn and learn” programs include, but are not limited to,
12all of the following:

13(A) Apprenticeships.

14(B) Preapprenticeships.

15(C) Incumbent worker training.

16(D) Transitional and subsidized employment, particularly for
17individuals with barriers to employment.

18(E) Paid internships and externships.

19(F) Project-based compensated learning.

20begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 14005 of the end insertbegin insertUnemployment Insurance Codeend insert
21begin insert is amended to read:end insert

22

14005.  

For purposes of this division:

23(a) “Board” means the California Workforcebegin delete Investmentend delete
24begin insert Developmentend insert Board.

25(b) “Agency” means the Labor and Workforce Development
26Agency.

27(c) “Career pathways,” “career ladders,” or “career lattices”
28begin delete meanend deletebegin insert areend insert an identified series of positions, work experiences, or
29educational benchmarks or credentials with multiple access points
30that offer occupational and financial advancement within a
31specified career field or related fields over time.begin insert end insertbegin insert“Career
32pathways,” “career ladders,” and “career lattices” offer combined
33programs of rigorous and high-quality education, training, and
34other services that do all of the following: end insert

begin insert

35(1) Align with the skill needs of industries in the economy of the
36state or regional economy involved.

end insert
begin insert

37(2) Prepare an individual to be successful in any of a full range
38of secondary or postsecondary education options, including
39apprenticeships registered under the National Apprenticeship Act
P10   1of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of
2Title 29 of the United States Code.

end insert
begin insert

3(3) Include counseling to support an individual in achieving the
4individual’s education and career goals.

end insert
begin insert

5(4) Include, as appropriate, education offered concurrently with
6and in the same context as workforce preparation activities and
7training for a specific occupation or occupational cluster.

end insert
begin insert

8(5) Organize education, training, and other services to meet the
9particular needs of an individual in a manner that accelerates the
10educational and career advancement of the individual to the extent
11 practicable.

end insert
begin insert

12(6) Enable an individual to attain a secondary school diploma
13or its recognized equivalent, and at least one recognized
14postsecondary credential.

end insert
begin insert

15(7) Help an individual enter or advance within a specific
16occupation or occupational cluster.

end insert

17(d) “Cluster-based sector strategies”begin delete meansend deletebegin insert meanend insert methods of
18focusing workforce and economic development on those sectors
19that have demonstrated a capacity for economic growth and job
20creation in a particular geographic area.

21(e) “Data driven” means a process of making decisions about
22investments and policies based on systematic analysis of data,
23which may include data pertaining to labor markets.

24(f) “Economic security” means, with respect to a worker, earning
25a wage sufficient to support a family adequately, and, over time,
26to save for emergency expenses and adequate retirement income,
27based on factors such as household size, the cost of living in the
28worker’s community, and other factors that may vary by region.

29(g) “Evidence-based” means making use of policy research as
30a basis for determining best policy practices. Evidence-based
31policymakers adopt policies that research has shown to produce
32positive outcomes, in a variety of settings, for a variety of
33populations over time. Successful, evidence-based programs deliver
34quantifiable and sustainable results. Evidence-based practices
35differ from approaches that are based on tradition, belief,
36convention, or anecdotal evidence.

37(h) “High-priority occupations” mean occupations that have a
38significant presence in a targeted industry sector or industry cluster,
39are inbegin delete demandend deletebegin insert demand, or projected to be in demand,end insert by
P11   1employers, and pay or lead to payment of a wage that provides
2economic security.

begin insert

3(i) (1) “In-demand industry sector or occupation” means either
4of the following:

end insert
begin insert

5(A) An industry sector that has a substantial current or potential
6impact, including through jobs that lead to economic
7self-sufficiency and opportunities for advancement, on the state,
8regional, or local economy, as appropriate, and that contributes
9to the growth or stability of other supporting businesses, or the
10growth of other industry sectors.

end insert
begin insert

11(B) An occupation that currently has or is projected to have a
12number of positions, including positions that lead to economic
13self-sufficiency and opportunities for advancement, in an industry
14sector so as to have a significant impact on the state, regional, or
15local economy, as appropriate.

end insert
begin insert

16(2) The determination of whether an industry sector or
17 occupation is “in-demand” under this subdivision shall be made
18by the board or local board, or through the regional planning
19process in which local boards participate under the Workforce
20Innovation and Opportunity Act, as appropriate, using state and
21regional business and labor market projections, including the use
22of labor market information.

end insert
begin delete

23(i)

end delete

24begin insert(j)end insert “Individual with employment barriers” means an individual
25with any characteristic that substantially limits an individual’s
26ability to obtain employment, including indicators of poor work
27history, lack of work experience, or access to employment in
28nontraditional occupations, long-term unemployment, lack of
29educational or occupational skills attainment, dislocation from
30high-wage and high-benefit employment, low levels of literacy or
31English proficiency, disability status, or welfarebegin delete dependency.end delete
32begin insert dependency, including members of all of the following groups:end insert

begin insert

33(1) Displaced homemakers.

end insert
begin insert

34(2) Low-income individuals.

end insert
begin insert

35(3) Indians, Alaska Natives, and Native Hawaiians, as those
36terms are defined in Section 3221 of Title 29 of the United States
37Code.

end insert
begin insert

38(4) Individuals with disabilities, including youths who are
39 individuals with disabilities.

end insert
begin insert

40(5) Older individuals.

end insert
begin insert

P12   1(6) Ex-offenders.

end insert
begin insert

2(7) Homeless individuals, as defined in Section 14043e-2(6) of
3Title 42 of the United States Code, or homeless children and
4youths, as defined in Section 11434a(2) of Title 42 of the United
5States Code.

end insert
begin insert

6(8) Youth who are in, or have aged out of, the foster care system.

end insert
begin insert

7(9) Individuals who are English language learners, individuals
8who have low levels of literacy, and individuals facing substantial
9cultural barriers.

end insert
begin insert

10(10) Eligible migrant and seasonal farmworkers, as defined in
11Section 3322(i) of Title 29 of the United States Code.

end insert
begin insert

12(11) Individuals within two years of exhausting lifetime
13eligibility under Part A of Title IV of the Social Security Act (42
14U.S.C. Sec. 601 et seq.).

end insert
begin insert

15(12) Single parents, including single, pregnant women.

end insert
begin insert

16(13) Long-term unemployed individuals.

end insert
begin insert

17(14) Any other groups as the Governor determines to have
18barriers to employment.

end insert
begin delete

19(j)

end delete

20begin insert(k)end insert “Industry cluster” means a geographic concentration or
21emerging concentration of interdependent industries with direct
22service, supplier, and research relationships, or independent
23industries that share common resources in a given regional
24economy or labor market. An industry cluster is a group of
25employers closely linked by common product or services,
26workforce needs, similar technologies, and supply chains in a given
27regional economy or labor market.

begin insert

28(l) “Industry or sector partnership” means a workforce
29collaborative, convened or acting in partnership with the board
30or a local board, that does the following:

end insert
begin delete

31(k) (1) “Industry or sector partnership” means a workforce
32collaborative that organizes

end delete

33begin insert(1)end insertbegin insertend insertbegin insertOrganizes end insertkey stakeholders inbegin delete a targetedend deletebegin insert anend insert industry cluster
34into a working group that focuses on thebegin delete workforceend deletebegin insert shared goals
35and human resourcesend insert
needs of the begin delete targeted industry cluster. An
36industry or sector partnership organizes the stakeholders connected
37with a specific local or regional industry--multiple firms, labor
38groups, education and training providers, and workforce and
39education systems--to develop workforce development strategies
40within the industry. Successful sector partnerships leverage partner
P13   1resources to address both short-term and long-term human capital
2needs of a particular sector, including by analyzing current labor
3markets and identifying barriers to employment within the industry,
4developing cross-firm skill standards, curricula, and training
5programs, and developing occupational career ladders to ensure
6workers of all skill levels can advance within the industry.end delete
begin insert industry
7cluster and that includes, at the appropriate stages of development
8of the partnership:end insert

begin delete

9(2) Industry or sector partnerships include, at the appropriate
10stage of development of the partnership, all of the following:

end delete

11(A) Representatives of multiplebegin delete firmsend deletebegin insert businessesend insert orbegin insert otherend insert
12 employers in thebegin delete targetedend delete industry cluster, includingbegin delete small-sizedend delete
13begin insert smallend insert and medium-sized employers when practicable.

14(B) One or more representatives ofbegin insert a recognizedend insert state labor
15begin delete organizations,end deletebegin insert organization orend insert central laborbegin delete coalitions,end deletebegin insert council,end insert or
16begin delete other labor organizations, except in instances where no labor
17representations exists.end delete
begin insert another labor representative, as appropriate.end insert

18(C) One or more representatives ofbegin delete local workforce investment
19boards.end delete
begin insert end insertbegin insertan institution of higher education with, or another provider
20of, education or training programs that support the industry
21cluster.end insert

begin delete

22(D) One or more representatives of kindergarten and grades 1
23to 12, inclusive, and postsecondary educational institutions or other
24training providers, including, but not limited to, career technical
25educators.

26(E) One or more representatives of state workforce agencies or
27other entities providing employment services.

28(3) An industry or sector partnership may also include
29representatives from the following:

end delete
begin insert

30(2) The workforce collaborative may include representatives of
31any of the following:

end insert

32(A) State or local government.

33(B) State or local economic development agencies.

begin insert

34(C) State boards or local boards, as appropriate.

end insert
begin insert

35(D) A state workforce agency or entity providing employment
36services.

end insert
begin delete

37(C)

end delete

38begin insert(E)end insert Other state or local agencies.

begin delete

39(D) Chambers of commerce.

end delete
begin delete

40(E) Nonprofit organizations.

end delete
begin delete

P14   1(F) Philanthropic organizations.

end delete
begin insert

2(F) Business or trade associations.

end insert

3(G) Economic development organizations.

begin insert

4(H) Nonprofit organizations, community-based organizations,
5or intermediaries.

end insert
begin insert

6(I) Philanthropic associations.

end insert
begin delete

7(H)

end delete

8begin insert(J)end insert Industry associations.

begin delete

9(I)

end delete

10begin insert(K)end insert Other organizations, as determinedbegin insert to beend insert necessary by the
11members comprising the industrybegin delete orend delete sectorbegin insert orend insert partnership.

begin delete

12(l)

end delete

13begin insert(m)end insert “Industry sector” means those firms that produce similar
14products or provide similar services using somewhat similar
15business processes, and are closely linked by workforce needs,
16within a regional labor market.

begin delete

17(m)

end delete

18begin insert(n)end insert “Local labor federation” means a central labor council that
19is an organization of local unions affiliated with the California
20Labor Federation or a local building and construction trades council
21affiliated with the State Building and Construction Tradesbegin delete Council.end delete
22begin insert Council of California.end insert

begin delete

23(n)

end delete

24begin insert(o)end insert “Sector strategies” means methods of prioritizing
25investments in competitive and emerging industry sectors and
26industry clusters on the basis of labor market and other economic
27data indicating strategic growth potential, especially with regard
28to jobs and income, and exhibit the following characteristics:

29(1) Focus workforce investment in education and workforce
30training programs that are likely to lead to jobs providing economic
31security or to an entry-level job with a well-articulated career
32pathway into a job providing economic security.

33(2) Effectively boost labor productivity or reduce business
34barriers to growth and expansion stemming from workforce supply
35problems, including skills gaps and occupational shortages by
36directing resources and making investments to plug skills gaps
37and provide education and training programs for high-priority
38occupations.

39(3) May be implemented using articulated career pathways or
40lattices and a system of stackable credentials.

P15   1(4) May target underserved communities, disconnected youths,
2incumbent workers, and recently separated military veterans.

3(5) Frequently are implemented using industry or sector
4partnerships.

5(6) Typically are implemented at the regional level where sector
6firms, those employers described in subdivisions (j) and (l), often
7share a common labor market and supply chains. However, sector
8strategies may also be implemented at the state or local level
9depending on sector needs and labor market conditions.

begin delete

10(o)

end delete

11begin insert(p)end insert “Workforcebegin delete Investmentend deletebegin insert Innovation and Opportunityend insert Act of
12begin delete 1998”end deletebegin insert 2014end insertbegin insertend insert means the federal act enacted as Public Lawbegin delete 105-220.end delete
13begin insert 113-128.end insert

begin insert

14(q) (1) “Earn and learn” includes, but is not limited to, a
15program that does either of the following:

end insert
begin insert

16(A) Combines applied learning in a workplace setting with
17compensation allowing workers or students to gain work
18experience and secure a wage as they develop skills and
19competencies directly relevant to the occupation or career for
20which they are preparing.

end insert
begin insert

21(B) Brings together classroom instruction with on-the-job
22training to combine both formal instruction and actual paid work
23experience.

end insert
begin insert

24(2) “Earn and learn” programs include, but are not limited to,
25all of the following:

end insert
begin insert

26(A) Apprenticeships.

end insert
begin insert

27(B) Preapprenticeships.

end insert
begin insert

28(C) Incumbent worker training.

end insert
begin insert

29(D) Transitional and subsidized employment, particularly for
30individuals with barriers to employment.

end insert
begin insert

31(E) Paid internships and externships.

end insert
begin insert

32(F) Project-based compensated learning.

end insert
33

SEC. 3.  

Section 14013 of the Unemployment Insurance Code
34 is amended to read:

35

14013.  

The board shall assist the Governor in the following:

36(a) Promoting the development of a well-educated and highly
37skilled 21st century workforce.

38(b) Developing the State Workforce Investment Plan.

39(c) Developing guidelines for the continuous improvement and
40operation of the workforce investment system, including:

P16   1(1) Developing policies to guide the one-stop system.

2(2) Providing technical assistance for the continuous
3improvement of the one-stop system.

4(3) Recommending state investments in the one-stop system.

5(4) Targeting resources to competitive and emerging industry
6sectors and industry clusters that provide economic security and
7are either high-growth sectors or critical to California’s economy,
8or both. These industry sectors and clusters shall have significant
9economic impacts on the state and its regional and workforce
10development needs and have documented career opportunities.

11(5) To the extent permissible under state and federal laws,
12recommending youth policies and strategies that support linkages
13between kindergarten and grades 1 to 12, inclusive, and community
14college educational systems and youth training opportunities in
15order to help youth secure educational and career advancement.
16These policies and strategies may be implemented using a sector
17strategies framework and should ultimately lead to placement in
18a job providing economic security or job placement in an
19entry-level job that has a well-articulated career pathway or career
20ladder to a job providing economic security.

21(6) To the extent permissible under state and federal law,
22recommending adult and dislocated worker training policies and
23investments that offer a variety of career opportunities while
24upgrading the skills of California’s workforce. These may include
25training policies and investments pertaining to any of the following:

26(A) Occupational skills training, including training for
27nontraditional employment.

28(B) On-the-job training.

29(C) Programs that combine workplace training with related
30instruction, which may include cooperative education programs.

31(D) Training programs operated by the private sector.

32(E) Skill upgrading and retraining.

33(F) Entrepreneurial training.

34(G) Job readiness training.

35(H) Adult education and literacy activities provided in
36combination with any of the services described in this paragraph.

37(I) Customized training conducted with a commitment by an
38employer or group of employers to employ an individual upon
39successful completion of the training.

P17   1(d) Developing and continuously improving the statewide
2workforce investment system as delivered via the one-stop delivery
3system and via other programs and services supported by funding
4from the federal Workforce Investment Act of 1998, including:

5(1) Developing linkages in order to ensure coordination and
6nonduplication among workforce programs and activities.

7(2) Reviewing local workforce investment plans.

8(3) Leveraging state and federal funds to ensure that resources
9are invested in activities that meet the needs of the state’s
10competitive and emerging industry sectors and advance the
11education and employment needs of students and workers so they
12can keep pace with the education and skill needs of the state, its
13regional economies, and leading industry sectors.

14(e) Commenting, at least once annually, on the measures taken
15pursuant to the Carl D. Perkins Vocational and Applied Technology
16 Education Act Amendments of 1990 (Public Law 101-392; 20
17U.S.C. Sec. 2301 et seq.).

18(f) Designating local workforce investment areas within the
19state based on information derived from all of the following:

20(1) Consultations with the Governor.

21(2) Consultations with the chief local elected officials.

22(3) Consideration of comments received through the public
23comment process, as described in Section 112(b)(9) of the federal
24Workforce Investment Act of 1998.

25(g) Developing and modifying allocation formulas, as necessary,
26for the distribution of funds for adult employment and training
27activities, for youth activities to local workforce investment areas,
28and dislocated worker employment and training activities, as
29permitted by federal law.

30(h) Coordinating the development and continuous improvement
31of comprehensive state performance measures, including state
32adjusted levels of performance, to assess the effectiveness of the
33workforce investment activities in the state.

34(i) Preparing the annual report to the United States Secretary of
35Labor.

36(j) Recommending policy for the development of the statewide
37employment statistics system, including workforce and economic
38data, as described in Section 49l-2 of Title 29 of the United States
39Code, and using, to the fullest extent possible, the Employment
P18   1Development Department’s existing labor market information
2systems.

3(k) Recommending strategies to the Governor for strategic
4training investments of the Governor’s 15-percent discretionary
5funds.

6(l) Developing and recommending waivers, in conjunction with
7local workforce investment boards, to the Governor as provided
8for in the federal Workforce Investment Act of 1998.

9(m) Recommending policy to the Governor for the use of the
1025-percent rapid response funds, as authorized under the federal
11Workforce Investment Act of 1998.

12(n) Developing an application to the United States Department
13of Labor for an incentive grant under Section 9273 of Title 20 of
14the United States Code.

15(o) (1) Developing a workforce metrics dashboard, to be
16updated annually, that measures the state’s human capital
17investments in workforce development to better understand the
18collective impact of these investments on the labor market. The
19workforce metrics dashboard shall be produced using existing
20available data and resources that are currently collected and
21accessible to state agencies. The board shall convene workforce
22program partners to develop a standardized set of inputs and
23outputs for the workforce metrics dashboard. The workforce
24metrics dashboard shall do all of the following:

25(A) Provide a status report on credential attainment, training
26completion, degree attainment, and participant earnings from
27workforce education and training programs. The board shall publish
28and distribute the final report.

29(B) Provide demographic breakdowns, including, to the extent
30possible, race, ethnicity, age, gender, veteran status, wage and
31credential or degree outcomes, and information on workforce
32outcomes in different industry sectors.

33(C) Measure, at a minimum and to the extent feasible with
34existing resources, the performance of the following workforce
35programs: community college career technical education, the
36Employment Training Panel, Title I and Title II of the federal
37Workforce Investment Act of 1998, Trade Adjustment Assistance,
38and state apprenticeship programs.

39(D) Measure participant earnings in California, and to the extent
40feasible, in other states. The Employment Development Department
P19   1shall assist the board by calculating aggregated participant earnings
2using unemployment insurance wage records, without violating
3any applicable confidentiality requirements.

4(2) The State Department of Education is hereby authorized to
5collect the social security numbers of adults participating in adult
6education programs so that accurate participation in those programs
7can be represented in the report card. However, an individual shall
8not be denied program participation if he or she refuses to provide
9a social security number. The State Department of Education shall
10keep this information confidential and shall only use this
11information for tracking purposes, in compliance with all applicable
12state and federal law.

13(3) (A) Participating workforce programs, as specified in
14subparagraph (C) of paragraph (1), shall provide participant data
15in a standardized format to the Employment Development
16Department.

17(B) The Employment Development Department shall aggregate
18data provided by participating workforce programs and shall report
19the data, organized by demographics, earnings, and industry of
20employment, to the board to assist the board in producing the
21annual workforce metrics dashboard.

22(p) Helping individuals with barriers to employment, including
23low-skill, low-wage workers, the long-term unemployed, and
24members of single-parent households, achieve economic security
25and upward mobility by implementing policies that encourage the
26attainment of marketable skills relevant to current labor market
27trends.

28begin insert

begin insertSEC. 3.5.end insert  

end insert

begin insertSection 14013 of the end insertbegin insertUnemployment Insurance Codeend insert
29begin insert is amended to read:end insert

30

14013.  

The board shall assist the Governor in the following:

31(a) Promoting the development of a well-educated and highly
32skilled 21st century workforce.

begin delete

33(b) Developing the State Workforce Investment Plan.

end delete
begin insert

34(b) Developing, implementing, and modifying the State Plan.
35The State Plan shall serve as the comprehensive framework and
36coordinated plan for the aligned investment of all federal and state
37workforce training and employment services funding streams and
38programs. To the extent feasible and when appropriate, the state
39plan should reinforce and work with adult education and career
P20   1technical education efforts that are responsive to labor market
2trends.

end insert
begin insert

3(c) The review of statewide policies, of statewide programs, and
4of recommendations on actions that should be taken by the state
5to align workforce, education, training, and employment funding
6programs in the state in a manner that supports a comprehensive
7and streamlined workforce development system in the state,
8including the review and provision of comments on the State Plan,
9if any, for programs and activities of one-stop partners that are
10not core programs.

end insert
begin delete

11(c)

end delete

12begin insert(d)end insert Developingbegin delete guidelines for the continuous improvement and
13operation of theend delete
begin insert and continuously improving the statewideend insert
14 workforce investment system, including:

begin delete

15(1) Developing policies to guide the one-stop system.

end delete
begin delete

16(2) Providing technical assistance for the continuous
17improvement of the one-stop system.

end delete
begin delete

18(3) Recommending state investments in the one-stop system.

end delete
begin delete

19(4) Targeting resources to competitive and emerging industry
20sectors and industry clusters that provide economic security and
21are either high-growth sectors or critical to California’s economy,
22or both. These industry sectors and clusters shall have significant
23economic impacts on the state and its regional and workforce
24development needs and have documented career opportunities.

end delete
begin insert

25(1) The identification of barriers and means for removing
26barriers to better coordinate, align, and avoid duplication among
27the programs and activities carried out through the system.

end insert
begin delete

28(5)

end delete

29begin insert(2)end insertbegin insertend insertbegin insertThe development of strategies to support the use of career
30pathways for the purpose of providing individuals, including
31low-skilled adults, youth, and individuals with barriers to
32employment, and including individuals with disabilities, with
33workforce investment activities, education, and supportive services
34to enter or retain employment. end insert
To the extent permissible under
35 state and federal laws,begin delete recommending youthend deletebegin insert theseend insert policies and
36strategiesbegin delete thatend deletebegin insert shouldend insert support linkages between kindergarten and
37grades 1 to 12, inclusive, and community college educational
38systemsbegin delete and youth training opportunitiesend delete in order to helpbegin delete youthend delete
39 secure educational and career advancement. These policies and
40strategies may be implemented using a sector strategies framework
P21   1and should ultimately lead to placement in a job providing
2economic security or job placement in an entry-level job that has
3a well-articulated career pathway or career ladder to a job providing
4economic security.

begin insert

5(3) The development of strategies for providing effective
6outreach to and improved access for individuals and employers
7who could benefit from services provided through the workforce
8development system.

end insert
begin insert

9(4) The development and expansion of strategies for meeting
10the needs of employers, workers, and jobseekers, particularly
11through industry or sector partnerships related to in-demand
12industry sectors and occupations, including policies targeting
13resources to competitive and emerging industry sectors and
14industry clusters that provide economic security and are either
15high-growth sectors or critical to California’s economy, or both.
16These industry sectors and clusters shall have significant economic
17impacts on the state and its regional and workforce development
18needs and have documented career opportunities.

end insert
begin delete

19(6) To the extent permissible under state and federal law,
20recommending

end delete

21begin insert(5)end insertbegin insertend insertbegin insertRecommending end insertadult and dislocated worker training policies
22and investments that offer a variety of career opportunities while
23upgrading the skills of California’s workforce. These may include
24training policies and investments pertaining to any of the following:

25(A) Occupational skills training, including training for
26nontraditional employment.

27(B) On-the-job training.

begin insert

28(C) Incumbent worker training in accordance with Section
293174(d)(4) of Title 29 of the United States Code.

end insert
begin delete

30(C)

end delete

31begin insert(D)end insert Programs that combine workplace training with related
32instruction, which may include cooperative education programs.

begin delete

33(D)

end delete

34begin insert(E)end insert Training programs operated by the private sector.

begin delete

35(E)

end delete

36begin insert(F)end insert Skill upgrading and retraining.

begin delete

37(F)

end delete

38begin insert(G)end insert Entrepreneurial training.

begin insert

39(H) Transitional jobs in accordance with Section 3174 (d)(5)
40of Title 29 of the United States Code.

end insert
begin delete

P22   1(G)

end delete

2begin insert(I)end insert Job readinessbegin delete training.end deletebegin insert training provided in combination with
3any of the services described in subparagraphs (A) to (H),
4inclusive. end insert

begin delete

5(H)

end delete

6begin insert(J)end insert Adult education and literacy activities provided in
7combination with any of the services described inbegin delete this paragraph.end delete
8begin insert subparagraphs (A) to (G), inclusive.end insert

begin delete

9(I)

end delete

10begin insert(K)end insert Customized training conducted with a commitment by an
11employer or group of employers to employ an individual upon
12successful completion of the training.

begin delete

13(d) Developing and continuously improving the statewide
14workforce investment system as delivered via the one-stop delivery
15system and via other programs and services supported by funding
16from the federal Workforce Investment Act of 1998, including:

17(1) Developing linkages in order to ensure coordination and
18nonduplication among workforce programs and activities.

19(2) Reviewing local workforce investment plans.

20(3) Leveraging state and federal funds to ensure that resources
21are invested in activities that meet the needs of the state’s
22competitive and emerging industry sectors and advance the
23education and employment needs of students and workers so they
24can keep pace with the education and skill needs of the state, its
25regional economies, and leading industry sectors.

26(e) Commenting, at least once annually, on the measures taken
27pursuant to the Carl D. Perkins Vocational and Applied Technology
28 Education Act Amendments of 1990 (Public Law 101-392; 20
29U.S.C. Sec. 2301 et seq.).

30(f) Designating local workforce investment areas within the
31state based on information derived from all of the following:

32(1) Consultations with the Governor.

33(2) Consultations with the chief local elected officials.

34(3) Consideration of comments received through the public
35comment process, as described in Section 112(b)(9) of the federal
36Workforce Investment Act of 1998.

37(g) Developing and modifying allocation formulas, as necessary,
38for the distribution of funds for adult employment and training
39activities, for youth activities to local workforce investment areas,
P23   1and dislocated worker employment and training activities, as
2permitted by federal law.

3(h) Coordinating the development and continuous improvement
4of comprehensive state performance measures, including state
5adjusted levels of performance, to assess the effectiveness of the
6workforce investment activities in the state.

7(i) Preparing the annual report to the United States Secretary of
8Labor.

9(j) Recommending policy for the development of the statewide
10employment statistics system, including workforce and economic
11data, as described in Section 49l-2 of Title 29 of the United States
12Code, and using, to the fullest extent possible, the Employment
13Development Department’s existing labor market information
14systems.

end delete
begin insert

15(e) The identification of regions, including planning regions,
16for the purposes of Section 3121(a) of Title 29 of the United States
17Code, and the designation of local areas under Section 3121 of
18Title 29 of the United States Code, after consultation with local
19boards and chief elected officials.

end insert
begin insert

20(f) The development and continuous improvement of the one-stop
21delivery system in local areas, including providing assistance to
22local boards, one-stop operators, one-stop partners, and providers
23with planning and delivering services, including training services
24and supportive services, to support effective delivery of services
25to workers, job seekers, and employers.

end insert
begin delete

26(k)

end delete

27begin insert(g)end insert Recommending strategies to the Governor for strategic
28training investments of the Governor’s 15-percent discretionary
29funds.

begin delete

30(l) Developing and recommending waivers, in conjunction with
31local workforce investment boards, to the Governor as provided
32for in the federal Workforce Investment Act of 1998.

33(m) Recommending policy to the Governor for the use of the
3425-percent rapid response funds, as authorized under the federal
35Workforce Investment Act of 1998.

36(n) Developing an application to the United States Department
37of Labor for an incentive grant under Section 9273 of Title 20 of
38the United States Code.

end delete
begin insert

P24   1(h) Developing strategies to support staff training and awareness
2across programs supported under the workforce development
3system.

end insert
begin insert

4(i) The development and updating of comprehensive state
5performance accountability measures, including state adjusted
6levels of performance, to assess the effectiveness of the core
7programs in the state as required under Section 3141(b) of Title
829 of the United States Code. As part of this process the board
9shall do all of the following:

end insert
begin delete

10(o) (1) Developing

end delete

11begin insert(1)end insertbegin insertend insertbegin insertDevelop end inserta workforce metrics dashboard, to be updated
12annually, that measures the state’s human capital investments in
13workforce development to better understand the collective impact
14of these investments on the labor market. The workforce metrics
15dashboard shall be produced using existing available data and
16resources that are currently collected and accessible to state
17agencies. The board shall convene workforce program partners to
18develop a standardized set of inputs and outputs for the workforce
19metrics dashboard. The workforce metrics dashboard shall do all
20of the following:

21(A) Provide a status report on credential attainment, training
22completion, degree attainment, and participant earnings from
23workforce education and training programs. The board shall publish
24and distribute the final report.

25(B) Provide demographic breakdowns, including, to the extent
26possible, race, ethnicity, age, gender, veteran status, wage and
27credential or degree outcomes, and information on workforce
28outcomes in different industry sectors.

29(C) Measure, at a minimum and to the extent feasible with
30existing resources, the performance of the following workforce
31programs: community college career technical education, the
32Employment Training Panel, Title I and Title II of the federal
33Workforce Investment Act of 1998, Trade Adjustment Assistance,
34and state apprenticeship programs.

35(D) Measure participant earnings in California, and to the extent
36feasible, in other states. The Employment Development Department
37shall assist the board by calculating aggregated participant earnings
38using unemployment insurance wage records, without violating
39any applicable confidentiality requirements.

P25   1(2) The State Department of Education is hereby authorized to
2collect the social security numbers of adults participating in adult
3education programs so that accurate participation in those programs
4can be represented in the report card. However, an individual shall
5not be denied program participation if he or she refuses to provide
6a social security number. The State Department of Education shall
7keep this information confidential and shall only use this
8information for tracking purposes, in compliance with all applicable
9state and federal law.

10(3) (A) Participating workforce programs, as specified inbegin delete clauseend delete
11 subparagraph (C) of paragraph (1), shall provide participant data
12in a standardized format to the Employment Development
13Department.

14(B) The Employment Development Department shall aggregate
15data provided by participating workforce programs and shall report
16the data, organized by demographics, earnings, and industry of
17employment, to the board to assist the board in producing the
18annual workforce metrics dashboard.

begin insert

19(j) The identification and dissemination of information on best
20practices, including best practices for all of the following:

end insert
begin insert

21(1) The effective operation of one-stop centers, relating to the
22use of business outreach, partnerships, and service delivery
23strategies, including strategies for serving individuals with barriers
24to employment.

end insert
begin insert

25(2) The development of effective local boards, which may include
26information on factors that contribute to enabling local boards to
27exceed negotiated local levels of performance, sustain fiscal
28integrity, and achieve other measures of effectiveness.

end insert
begin insert

29(3) Effective training programs that respond to real-time labor
30market analysis, that effectively use direct assessment and prior
31learning assessment to measure an individual’s prior knowledge,
32skills, competencies, and experiences, and that evaluate such skills,
33and competencies for adaptability, to support efficient placement
34into employment or career pathways.

end insert
begin insert

35(k) The development and review of statewide policies affecting
36the coordinated provision of services through the state’s one-stop
37delivery system described in Section 3151(e) of Title 29 of the
38United States Code, including the development of all of the
39following:

end insert
begin insert

P26   1(1) Objective criteria and procedures for use by local boards
2in assessing the effectiveness and continuous improvement of
3one-stop centers described in Section 3151(e) of Title 29 of the
4United States Code.

end insert
begin insert

5(2) Guidance for the allocation of one-stop center infrastructure
6funds under Section 3151(h) of Title 29 of the United States Code.

end insert
begin insert

7(3) Policies relating to the appropriate roles and contributions
8of entities carrying out one-stop partner programs within the
9one-stop delivery system, including approaches to facilitating
10equitable and efficient cost allocation in such a system.

end insert
begin insert

11(l) The development of strategies for technological improvements
12to facilitate access to, and improve the quality of, services and
13activities provided through the one-stop delivery system, including
14such improvements to all of the following:

end insert
begin insert

15(1) Enhance digital literacy skills, as defined in Section 9101
16of Title 20 of the United States Code, referred to in this division
17as “digital literacy skills.”

end insert
begin insert

18(2) Accelerate the acquisition of skills and recognized
19postsecondary credentials by participants.

end insert
begin insert

20(3) Strengthen the professional development of providers and
21 workforce professionals.

end insert
begin insert

22(4) Ensure the technology is accessible to individuals with
23disabilities and individuals residing in remote areas.

end insert
begin insert

24(m) The development of strategies for aligning technology and
25data systems across one-stop partner programs to enhance service
26delivery and improve efficiencies in reporting on performance
27accountability measures, including the design and implementation
28of common intake, data collection, case management information,
29and performance accountability measurement and reporting
30processes and the incorporation of local input into such design
31and implementation, to improve coordination of services across
32one-stop partner programs.

end insert
begin insert

33(n) The development of allocation formulas for the distribution
34of funds for employment and training activities for adults, and
35youth workforce investment activities, to local areas as permitted
36under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United
37States Code.

end insert
begin insert

38(o) The preparation of the annual reports described in
39paragraphs (1) and (2) of Section 3141(d) of Title 29 of the United
40States Code.

end insert
begin insert

P27   1(p) The development of the statewide workforce and labor
2market information system described in Section 49l-2(e) of Title
329 of the United States Code.

end insert
begin insert

4(q) The development of such other policies as may promote
5statewide objectives for, and enhance the performance of, the
6workforce development system in the state.

end insert
begin insert

7(r) Helping individuals with barriers to employment, including
8low-skill, low-wage workers, the long-term unemployed, and
9members of single-parent households, achieve economic security
10and upward mobility by implementing policies that encourage the
11attainment of marketable skills relevant to current labor market
12trends.

end insert
13begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

(a) Section 1.5 of this bill incorporates amendments
14to Section 14000 of the Unemployment Insurance Code proposed
15by both this bill and Assembly Bill 1270. It shall only become
16operative if (1) both bills are enacted and become effective on or
17before January 1, 2016, (2) each bill amends Section 14000 of the
18Unemployment Insurance Code, and (3) this bill is enacted after
19Assembly Bill 1270, in which case Section 1 of this bill shall not
20become operative.

end insert
begin insert

21(b) Section 2.5 of this bill incorporates amendments to Section
2214005 of the Unemployment Insurance Code proposed by both
23this bill and Assembly Bill 1270. It shall only become operative if
24(1) both bills are enacted and become effective on or before
25January 1, 2016, (2) each bill amends Section 14005 of the
26Unemployment Insurance Code, and (3) this bill is enacted after
27Assembly Bill 1270, in which case Section 2 of this bill shall not
28become operative.

end insert
begin insert

29(c) Section 3.5 of this bill incorporates amendments to Section
3014013 of the Unemployment Insurance Code proposed by both
31this bill and Assembly Bill 1270. It shall only become operative if
32(1) both bills are enacted and become effective on or before
33January 1, 2015, (2) each bill amends Section 14013 of the
34Unemployment Insurance Code, and (3) this bill is enacted after
35Assembly Bill 1270, in which case Section 3 of this bill shall not
36become operative.

end insert


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