AB 397 California Assembly · 2021-2022 Regular Session

Unemployment insurance: benefits: disqualification: notice.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Feb 2021
Committee Review
Jul 2021
Assembly Passage
Jun 2021
Senate Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Feb 3, 2021 Signed Oct 5, 2021
Floor votes · Senate Sep 8, 2021 · Assembly Jun 2, 2021

How they voted

350
Passed · 2 other
Total votes 37
Sep 8, 2021
D Democratic29
27 Yea 2
93% Yea
R Republican8
8 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
10
Committee
8
Amendments
5
Oct 5, 2021
Signed into law
Approved by the Governor.
legislature
Sep 9, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2972.).
lower
Sep 8, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 8, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2515.).
upper
Sep 3, 2021
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 26, 2021
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Aug 26, 2021
Introduced
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).
upper
Jul 15, 2021
Committee
In committee: Referred to suspense file.
upper
Jun 29, 2021
Upper · Passed
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.
upper
Jun 16, 2021
Committee
Referred to Com. on L., P.E. & R.
upper
Jun 2, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1818.)
lower
May 20, 2021
Lower · Passed
From committee: Do pass. (Ayes 16. Noes 0.) (May 20).
lower
May 5, 2021
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 15, 2021
Lower · Passed
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.
lower
Feb 12, 2021
Committee
Referred to Com. on INS.
lower
Feb 4, 2021
Lower · Passed
From printer. May be heard in committee March 6.
lower
1 primary · 5 co-sponsors

Sponsors