SB 39

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Dec 07, 2020
  • Passed Senate May 28, 2021
  • Assembly
  • Governor

Fraudulent claims: inmates.

Abstract

Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the Employment Development Department, subject to oversight by the Director of Employment Development. Under existing law, the expenses of administering the unemployment insurance program are paid from the Unemployment Administration Fund, a continuously appropriated fund. Existing law requires the Department of Justice to maintain state summary criminal history information, including the identification and criminal history of a person, including name, date of birth, social security number, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. Existing law requires the Attorney General to furnish this information to specified persons, agencies, or organizations, including the Department of Corrections and Rehabilitation, if needed in the course of their duties. Existing law makes it a crime for any person authorized by law to receive state summary criminal history information to knowingly furnish the information to a person who is not authorized by law to receive it. This bill would require the Department of Corrections and Rehabilitation to provide the names and social security numbers of current inmates to the Employment Development Department for the purposes of preventing payments on fraudulent claims for unemployment compensation benefits. The bill would require the Department of Corrections and Rehabilitation to provide the information to the Employment Development Department at least every 90 calendar days and upon that department's request. Because this bill would expand the group of persons who can be convicted for knowingly furnishing state summary criminal history information to unauthorized persons, it would impose a state-mandated local program. This bill would require, for the purpose of preventing payments on fraudulent claims for unemployment compensation benefits, for any unemployment compensation benefits paid on and after July 1, 2021, the Director of Employment Development to verify with the information provided by the Department of Corrections and Rehabilitation before making any payment of unemployment compensation benefits that the claimant is not an inmate currently incarcerated in the state prisons. The bill would also prohibit the department from using the information provided by the Department of Corrections and Rehabilitation unless the information of current inmates is equal to or less than 90 calendar days old. This bill would require, if the department determines a claimant is an inmate currently incarcerated in the state prisons, the department to notify the Department of Corrections and Rehabilitation and the Department of Justice of the attempt to make a fraudulent claim for unemployment compensation benefits. The bill would authorize the Employment Development Department to disseminate social security numbers to the Department of Corrections and Rehabilitation for this purpose. By expanding the purposes of a continuously appropriated fund, the bill would make an appropriation. 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Sponsors (18)

Votes


Actions


Aug 26, 2021

Assembly

August 26 hearing: Held in committee and under submission.

Jul 07, 2021

Assembly

July 7 set for first hearing. Placed on suspense file.

Jun 24, 2021

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 24). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Jun 21, 2021

Assembly

Read second time and amended. Re-referred to Com. on INS.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on INS.

Jun 17, 2021

Assembly

From committee: Do pass as amended and re-refer to Com. on INS. (Ayes 10. Noes 0.) (June 17).

Jun 03, 2021

Assembly

Referred to Coms. on P. & C.P. and INS.

  • Referral-Committee
Coms. on P. & C.P. and INS.

May 28, 2021

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Urgency clause adopted. Passed. (Ayes 38. Noes 0. Page 1276.) Ordered to the Assembly.

May 20, 2021

Senate

Read second time. Ordered to third reading.

Senate

From committee: Do pass. (Ayes 7. Noes 0. Page 1180.) (May 20).

May 14, 2021

Senate

Set for hearing May 20.

May 10, 2021

Senate

May 10 hearing: Placed on APPR suspense file.

Apr 30, 2021

Senate

Set for hearing May 10.

Apr 27, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 918.) (April 26). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 16, 2021

Senate

Set for hearing April 26.

Apr 15, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on L., P.E. & R.

Mar 23, 2021

Senate

Read second time and amended. Re-referred to Com. on L., P.E. & R.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on L., P.E. & R.

Mar 22, 2021

Senate

From committee: Do pass as amended and re-refer to Com. on L., P.E. & R. (Ayes 4. Noes 0. Page 520.) (March 16).

Mar 04, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

Feb 25, 2021

Senate

Set for hearing March 16.

Feb 24, 2021

Senate

March 9 hearing postponed by committee.

Feb 17, 2021

Senate

Set for hearing March 9.

Jan 28, 2021

Senate

Referral to Com. on JUD. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

Senate

Referred to Coms. on PUB. S., L., P.E. & R., and JUD.

  • Referral-Committee
Coms. on PUB. S., L., P.E. & R., and JUD.

Dec 08, 2020

Senate

From printer. May be acted upon on or after January 7.

Dec 07, 2020

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB39 HTML
12/07/20 - Introduced PDF
03/04/21 - Amended Senate PDF
03/23/21 - Amended Senate PDF
04/15/21 - Amended Senate PDF
06/21/21 - Amended Assembly PDF

Related Documents

Document Format
03/15/21- Senate Public Safety PDF
04/23/21- Senate Committee on Labor, Public Employment and Retirement PDF
05/07/21- Senate Appropriations PDF
05/22/21- Sen. Floor Analyses PDF
06/15/21- Assembly Privacy and Consumer Protection PDF
06/23/21- Assembly Insurance PDF
07/05/21- Assembly Appropriations PDF

Sources

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.