Sen. Patricia C. Bates

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.

Existing law imposes a general obligation on both parents of a minor child to support their child in the manner suitable to the child's circumstances. Existing law establishes the statewide uniform guidelines for calculating court-ordered child support, based on the income of both parents and the time each parent spends with the child. Existing law authorizes, if a support obligor is delinquent in paying child support and the local child support agency is enforcing a support obligation, a lien for child support against the personal property of the obligor in specified circumstances. Existing law defines "support obligor is delinquent in payment of support" to mean that the support obligor has failed to make a payment equal to one month's support obligation. Existing law requires the Department of Child Support Services to administer all services and perform all functions necessary to establish, collect, and distribute child support, and requires the department and the local child support agency to promptly and effectively collect and enforce child support obligations. Existing law also authorizes the transmission, filing, and recording of a lien record by departmental and local child support agency staff against the real property of a delinquent support obligor, as specified. Existing law authorizes a child support agency to record a notice of support judgment. This bill would instead define "support obligor is delinquent in payment of support" to mean that the support obligor is over $1,000 in arrears on their support obligation or has failed to make payments equal to 3 months of their support obligation, whichever occurs first. The bill would instead authorize a child support agency to record a notice of support judgment when overdue support exceeds $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first, regardless of whether the amounts of overdue support have been adjudicated or otherwise determined. This bill would provide that if the local child support agency is enforcing the support obligation, as specified, a lien for child support arises, by operation of law, against the real property of the support obligor when the support obligor owes overdue support over $1,000 or when the support obligor has failed to make payments equal to 3 months of their support obligation, whichever occurs first. The bill would require the department to adopt or amend regulations to implement these provisions by March 31, 2022, and would authorize the department, until regulations are adopted or revised, to implement and administer these provisions through a child support services letter or similar instruction.

Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individual's social security number, telephone number, driver's license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. Existing law, commencing on or before January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individual's social security number unless the number is truncated to its last 4 digits or in specified circumstances. This bill would instead require, as soon as feasible, but not later than January 1, 2023, a state agency to stop sending any outgoing United States mail that contains an individual's social security number unless the number is truncated to its last 4 digits or in specified circumstances. The bill, commencing on or before October 1, 2021, would prohibit, with exceptions, the Employment Development Department from sending any outgoing United States mail to an individual containing the individual's social security number, unless that social security number is replaced with a modified unique identifier or the number is truncated to its last 4 digits. Existing law creates, in the Labor and Workforce Development Agency, the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction with respect to job creation activities. Existing law requires the Director of Employment Development to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices doing certain things, including, but not limited to, providing little or no value in identifying or preventing fraud or abuse in the unemployment insurance program. This bill would require the department, on or before January 1, 2022, to identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits. The bill would also require the department, on or before January 1, 2022, using existing resources, to designate a single unit responsible for coordinating fraud prevention and align the unit's duties with best practices for detecting and preventing fraud. This bill would declare that it is to take effect immediately as an urgency statute.

This measure would designate a specified portion of Interstate 5 in the City of Carlsbad as the CAL-FIRE Chief William R. Clayton Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

Existing law, until January 1, 2022, authorizes the County of Orange to establish a neighborhood electric vehicle (NEV) transportation plan for the Ranch Plan Planned Community in that county. Existing law requires the plan to include specified elements, including provisions relating to parking, charging, NEV only lanes, and shared use with conventional vehicle lanes. Existing law makes operating a NEV in violation of certain provisions an infraction. This bill would repeal the January 1, 2022, sunset date, thereby indefinitely extending the County of Orange's authority to establish a NEV transportation plan for the Ranch Plan Planned Community. By indefinitely extending the operative period of a crime, the bill would impose a state-mandated local program. 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.

Existing law sets forth the procedure required in any prosecution for rape or other specified offenses, with certain exceptions, if evidence of sexual conduct of the complaining witness, as defined, is offered to attack the credibility of the complaining witness. This procedure involves, among other things, the filing of a written motion by the defendant, accompanied by an affidavit filed under seal stating an offer of proof, and, if the court determines that the offer is sufficient, a hearing out of the presence of the jury regarding the offer of proof. At the conclusion of the hearing, the court may make an order stating what evidence may be introduced by the defendant. This bill would define "evidence of sexual conduct" for these purposes to include the portions of a social media account about the complaining witness that depict sexual content, as specified, unless the content is related to the alleged offense.

This measure would proclaim May 15, 2021 as Áo Dài Day in California.