Chad Mayes
- Independent
Author
Existing law disqualifies an individual for unemployment compensation benefits if that individual willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, including, but not limited to, using a false name, false social security number, or other false identification, with actual knowledge of the falsity of it, or withheld a material fact in order to obtain unemployment compensation benefits. An individual disqualified from unemployment compensation benefits for making a false statement or representation or withholding material facts is ineligible to receive unemployment compensation benefits for certain periods of time, as provided. This bill, among other things, would require the Employment Development Department, prior to disqualifying an individual and subjecting that person to a period of ineligibility, to provide notice to the individual of the proposed determination. The bill would authorize the notice to be sent in combination with other notices from the department and would require the notice to provide specified information with regard to the eligibility provision related to the false statement or misrepresentation on which the department is determining whether to disqualify the individual and the individual's right to respond. The bill would authorize the department, after certain conditions are fulfilled, to issue a final notice of determination to the individual that includes specified information, including the number of weeks for which the individual is ineligible for benefits and the individual's right of appeal. The bill would require the department to implement these provisions upon completing any necessary technical changes to fulfill these requirements or by September 1, 2022, whichever is earlier. Existing law authorizes the Director of Employment Development to extend the period of ineligibility for not more than 8 weeks when there have been successive disqualifications from unemployment compensation benefits, as provided. This bill would require the department to provide the above-described notices for each successive disqualification for making a false statement or representation or withholding material facts before the director can extend the ineligibility period.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 516, Statutes of 2021.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2972.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2515.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0. Page 1694.) (June 28). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1818.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 16. Noes 0.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (April 15). Re-referred to Com. on APPR.
Coauthors revised.
From printer. May be heard in committee March 6.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB397 | HTML |
| 02/03/21 - Introduced | |
| 08/26/21 - Amended Senate | |
| 09/03/21 - Amended Senate | |
| 09/13/21 - Enrolled | |
| 10/05/21 - Chaptered |
| Document | Format |
|---|---|
| 04/14/21- Assembly Insurance | |
| 05/03/21- Assembly Appropriations | |
| 05/24/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/25/21- Senate Committee on Labor, Public Employment and Retirement | |
| 07/13/21- Senate Appropriations | |
| 08/26/21- Senate Appropriations | |
| 08/31/21- Sen. Floor Analyses | |
| 09/07/21- Sen. Floor Analyses | |
| 09/08/21- ASSEMBLY FLOOR ANALYSIS |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.