Gloria Romero
- Democratic
Author
Under existing law, any person who receives an overpayment of unemployment compensation benefits is liable for the amount overpaid. Existing law also permits the Director of Employment Development to take specified steps to recover overpayment of unemployment compensation benefits and unemployment compensation disability benefits, including filing a civil action against the liable person within one year after certain actions have been taken. Existing law also permits the director to initiate summary judgment proceedings against a liable person to recover overpayment of unemployment compensation benefits due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient. This bill would require the Director of Employment Development to find an overpayment of unemployment benefits where the individual who received them was an elected official whose claim was based solely on income received as an elected official. This bill would permit the director, in addition to filing a civil action against the liable person for the overpayment amount, to initiate summary judgment proceedings against such a person to recover these overpayment amounts, as provided. Existing law requires every employer, with specified exceptions, to pay contributions to the Unemployment Fund at specified rates, for the purpose of funding unemployment insurance benefits for eligible unemployed workers. Existing law defines "employment" for those purposes and, with respect to certain public entities, exempts from that definition certain services performed by an individual in the exercise of his or her duties as an elected official. This bill would require the Employment Development Department, by July 1, 2011, to adopt regulations to clarify that the above-described provision governing eligibility for unemployment compensation excludes elected officials from coverage under the unemployment insurance compensation system for purposes of benefit eligibility. The bill would also require the department to revise language in a specified California employment guide with regard to the exclusion of elected officials from unemployment insurance coverage and benefit eligibility, as specified.
Chaptered by Secretary of State. Chapter 222, Statutes of 2010.
Approved by Governor.
Enrolled. To Governor at 5 p.m.
Senate concurs in Assembly amendments. (Ayes 33. Noes 1. Page 4650.) To enrollment.
Read third time. Passed. (Ayes 78. Noes 0. Page 6179.) To Senate.
In Senate. To unfinished business.
Read second time. To Consent Calendar.
(Heard in committee on August 4.)
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)
Read second time. Amended. Re-referred to Com. on APPR.
(Heard in committee on June 23.)
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on INS.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on INS.
To Coms. on INS. and JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 30. Noes 0. Page 3480.) To Assembly.
Read second time. To Consent Calendar.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be placed on Consent Calendar.
Set for hearing May 3.
From committee: Do pass, but first be re-referred to Com. on APPR with recommendation: To Consent Calendar. (Ayes 6. Noes 0. Page 3306.) Re-referred to Com. on APPR.
Set for hearing April 19.
Set, second hearing. Further hearing to be set.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. & I.R.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. & I.R.
Set for hearing April 14.
Set, first hearing. Hearing canceled at the request of author.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. & I.R.
Set for hearing March 24.
To Com. on L. & I.R.
From print. May be acted upon on or after March 21.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1211 | HTML |
| 02/18/10 - Introduced | |
| 03/22/10 - Amended Senate | |
| 04/07/10 - Amended Senate | |
| 04/08/10 - Amended Senate | |
| 05/28/10 - Amended Assembly | |
| 06/14/10 - Amended Assembly | |
| 06/29/10 - Amended Assembly | |
| 08/23/10 - Enrolled | |
| 09/13/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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