AB 1066 — Unemployment compensation: benefits payable: collection.

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. Unemployment compensation benefits are paid from the Unemployment Fund, and the expenses of administering the unemployment insurance program are paid from the Unemployment Administration Fund. Under existing law, if an employer fails to keep and furnish to the director any required records or reports necessary for a full determination, decision, or other proper disposition of a claim for unemployment benefits within a reasonable time as the director may by rule, regulation, or procedure prescribe, it is to be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable unless the director deems sufficient a lesser total amount is due and owing to the claimant. This bill would require, on and after January 1, 2021, that if an employer, within 10 days after receiving an initial notice from the director of the need to furnish over required records or reports necessary for a full determination of a claim for unemployment compensation benefits, fails to furnish those required records or reports to the director, it be conclusively presumed that the claimant is entitled to the maximum total benefits payable, unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount. The bill would authorize the director to extend the 10-day deadline on a determination of good cause for a delay in the furnishing of required records or reports for a full determination of any claim for unemployment compensation benefits. Under existing law, employer contributions to the Unemployment Fund are required to be paid by each employer to the department for deposit in the Unemployment Fund, and become delinquent if not paid in accordance with specified timeframes and procedures. Under existing law, any employer who, without good cause, fails to pay required contributions is subject to a penalty of 15% of the amount of those contributions, in addition to payment of interest and other specified penalties. This bill would authorize the director to delegate their authority to recover and collect contributions from an employing unit that has 5 or more persons claiming unemployment benefits to the Attorney General. The bill would require, if this authority is delegated to the Attorney General, that the Attorney General collect the entire required contribution from the employing unit, including interest and penalties, and this amount be deposited into the Unemployment Fund. The bill would require the director to reimburse the Attorney General for their reasonable regulatory costs in recovering and collecting contributions from the Unemployment Administration Fund. The bill would define "employing unit" for purposes of this provision to mean a business or employer responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.

Bill Text

• Enrolled 09/04/20 - Enrolled Current pdf September 04, 2020
• Amended 08/20/20 - Amended Senate pdf August 20, 2020
• Amended 08/07/20 - Amended Senate pdf August 07, 2020
• Amended 06/30/20 - Amended Senate pdf June 30, 2020
• Amended 08/30/19 - Amended Senate pdf August 30, 2019
• Amended 04/30/19 - Amended Assembly pdf April 30, 2019
• Amended 04/22/19 - Amended Assembly pdf April 22, 2019
• Amended 03/26/19 - Amended Assembly pdf March 26, 2019
• Introduced 02/21/19 - Introduced pdf February 21, 2019
• AB1066 View text html

Action History

1. September 24, 2020

   Vetoed by Governor.

2. September 14, 2020

   Enrolled and presented to the Governor at 4 p.m.

3. August 31, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 54. Noes 17. Page 5505.).

4. August 31, 2020

   Assembly Rule 63 suspended. (Ayes 57. Noes 16. Page 5498.)

5. August 31, 2020

   From committee: That the Senate amendments be concurred in. (Ayes 8. Noes 0.) (August 31).

6. August 31, 2020

   Joint Rule 62(a), file notice suspended. (Page 5456.)

7. August 31, 2020

   Re-referred to Com. on INS. pursuant to Assembly Rule 77.2.

8. August 31, 2020

   In Assembly. Concurrence in Senate amendments pending.

9. August 31, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10.).

10. August 24, 2020

    Read second time. Ordered to third reading.

11. August 20, 2020

    Read second time and amended. Ordered returned to second reading.

12. August 20, 2020

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

13. August 17, 2020

    In committee: Referred to APPR. suspense file.

14. August 07, 2020

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

15. August 06, 2020

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (August 5).

16. July 02, 2020

    Re-referred to Com. on L., P.E. & R.

17. July 02, 2020

    Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c).

18. July 01, 2020

    Read second time. Ordered to third reading.

19. June 30, 2020

    Read second time and amended. Ordered returned to second reading.

20. June 30, 2020

    Ordered to second reading.

21. June 30, 2020

    From inactive file.

22. January 13, 2020

    Ordered to inactive file at the request of Senator Leyva.

23. September 14, 2019

    Reconsideration granted. (Ayes 31. Noes 0. Page 2959.)

24. September 14, 2019

    Read third time. Refused passage. (Ayes 19. Noes 14. Page 2959.).

25. September 03, 2019

    Read second time. Ordered to third reading.

26. August 30, 2019

    Read second time and amended. Ordered returned to second reading.

27. August 30, 2019

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 30).

28. August 12, 2019

    In committee: Referred to APPR. suspense file.

29. July 10, 2019

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 10). Re-referred to Com. on APPR.

30. May 29, 2019

    Referred to Com. on L., P.E. & R.

31. May 23, 2019

    In Senate. Read first time. To Com. on RLS. for assignment.

32. May 22, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 19. Page 1825.)

33. May 20, 2019

    Read second time. Ordered to third reading.

34. May 16, 2019

    From committee: Do pass. (Ayes 12. Noes 3.) (May 16).

35. May 16, 2019

    Joint Rule 62(a), file notice suspended. (Page 1760.)

36. May 15, 2019

    In committee: Set, first hearing. Referred to APPR. suspense file.

37. May 13, 2019

    Joint Rule 62(a), file notice suspended. (Page 1609.)

38. May 01, 2019

    Re-referred to Com. on APPR.

39. April 30, 2019

    Read second time and amended.

40. April 29, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 24).

41. April 23, 2019

    Re-referred to Com. on INS.

42. April 22, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

43. March 27, 2019

    Re-referred to Com. on INS.

44. March 26, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on INS. Read second time and amended.

45. March 25, 2019

    Referred to Com. on INS.

46. February 22, 2019

    From printer. May be heard in committee March 24.

47. February 21, 2019

    Read first time. To print.

Sponsors

• Jeff Gonzalez · Primary

Votes

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