Tom Umberg
- Democratic
- Senator
- District 34
Author
Existing law establishes the Employment Development Department (department) within the Labor and Workforce Development Agency and sets forth its powers and duties, including administration of the unemployment and disability insurance programs for California. Existing law requires the department to pay unemployment compensation benefits from the Unemployment Fund to unemployed individuals meeting specified requirements, and continuously appropriates the Unemployment Fund for that purpose. Existing law requires the department to maintain a field investigating staff, whose function includes investigation of violations of the unemployment and disability insurance programs. Existing law establishes the Department of Justice within state government, and establishes the Attorney General as the head of the department and as the chief law officer of the state. Existing law sets forth the powers and duties of the Attorney General, including the direct supervision over the district attorneys of the several counties of the state. Existing law authorizes the Attorney General to assist any district attorney in the discharge of their duties, as prescribed. This bill would establish the Unemployment Insurance Integrity Enforcement Program within the Department of Justice, administered by the Attorney General. The bill would require the Attorney General to establish a task force consisting of the Director of Employment Development and 5 members appointed by the Attorney General. The bill would require the task force to coordinate with local district attorneys and, when available and necessary, with the United States Attorney's Office to pursue available methods to recover improper benefit payments made from the department. The bill would require the task force, prior to pursuing any civil or criminal action, to prepare a cost-benefit analysis, as specified. The bill would make an appropriation by depositing funds recovered pursuant to the program into the continuously appropriated Unemployment Fund. This bill would also require the Attorney General, beginning January 1, 2023, and upon appropriation by the Legislature, to fund a grant program targeted at the successful prosecution and elimination of fraudulent unemployment insurance claims. The bill would require the Attorney General, in determining whether to award a grant, to consider specified criteria, and to give priority to those grant applications with the greatest potential to reduce unemployment fraud activity and lessen the economic losses from that fraud. The bill would also prioritize grant applications for multicounty efforts to investigate and prosecute unemployment insurance fraud activity. Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of the director's duties and is not open to the public. Existing law permits the use of the information for specified purposes, including providing authorized governmental agencies with information relevant to various types of fraud investigations, including insurance and Department of Motor Vehicle document fraud. Existing law permits the director to require reimbursement for all direct costs incurred in providing information pursuant to these provisions, except as specified. Existing law makes it a crime for a person to knowingly access, use, or disclose this confidential information without authorization. This bill would require the Employment Development Department (EDD) to provide specified information relevant to investigations of potential unemployment insurance fraud. The bill would require that the information be provided to the extent allowed by federal law. This bill would exempt conduct related to information provided under this provision from the criminal sanctions.
August 26 hearing: Held in committee and under submission.
August 19 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (July 13). Re-referred to Com. on APPR.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Read second time and amended. Re-referred to Com. on PUB. S.
From committee: Do pass as amended and re-refer to Com. on PUB. S. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 24).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1383.) Ordered to the Assembly.
From committee: Do pass. (Ayes 7. Noes 0. Page 1191.) (May 20).
Read second time. Ordered to third reading.
Set for hearing May 20.
May 10 hearing: Placed on APPR suspense file.
Set for hearing May 10.
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 940.) (April 27). Re-referred to Com. on APPR.
Set for hearing April 27.
From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 0. Page 574.) (March 22). Re-referred to Com. on RLS.
Set for hearing March 22.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
(Ayes 32. Noes 4.)
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB420 | HTML |
| 02/12/21 - Introduced | |
| 03/09/21 - Amended Senate | |
| 06/29/21 - Amended Assembly | |
| 07/06/21 - Amended Assembly |
| Document | Format |
|---|---|
| 03/19/21- Senate Committee on Labor, Public Employment and Retirement | |
| 04/25/21- Senate Public Safety | |
| 05/07/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 06/23/21- Assembly Insurance | |
| 07/12/21- Assembly Public Safety | |
| 08/16/21- Assembly Appropriations |
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