SB 39 California Senate · 2021-2022 Regular Session

Fraudulent claims: inmates.

Summary
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 status passed 3 of 5 stages cleared
Introduction
Dec 2020
Committee Review
Aug 2021
Senate Passage
May 2021
Assembly Passage
Governor
Introduced Dec 7, 2020 Last action Aug 26, 2021
Floor votes · Senate May 28, 2021

How they voted

350
Passed · 2 other
Total votes 37
May 28, 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
26
Key actions
12
Committee
8
Amendments
6
Aug 26, 2021
Lower · Passed
August 26 hearing: Held in committee and under submission.
lower
Jun 24, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 24). Re-referred to Com. on APPR.
lower
Jun 21, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on INS.
lower
Jun 17, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on INS. (Ayes 10. Noes 0.) (June 17).
lower
Jun 3, 2021
Committee
Referred to Coms. on P. & C.P. and INS.
lower
May 28, 2021
Upper · Passed
Read third time. Urgency clause adopted. Passed. (Ayes 38. Noes 0. Page 1276.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1180.) (May 20).
upper
Apr 27, 2021
Upper · Passed
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.
upper
Apr 15, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
upper
Mar 23, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on L., P.E. & R.
upper
Mar 22, 2021
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on L., P.E. & R. (Ayes 4. Noes 0. Page 520.) (March 16).
upper
Mar 4, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Feb 24, 2021
Upper · Passed
March 9 hearing postponed by committee.
upper
Jan 28, 2021
Committee
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.
upper
Jan 28, 2021
Committee
Referred to Coms. on PUB. S., L., P.E. & R., and JUD.
upper
Dec 7, 2020
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 17 co-sponsors

Sponsors