California 2021-2022 Regular Session Status: Passed Senate Bipartisan · 8 R · 1 D cosponsors

SB 39 — Fraudulent claims: inmates.

Last action — August 26 hearing: Held in committee and under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. August 26 hearing: Held in committee and under submission.

  2. July 7 set for first hearing. Placed on suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 24). Re-referred to Com. on APPR.

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

  5. From committee: Do pass as amended and re-refer to Com. on INS. (Ayes 10. Noes 0.) (June 17).

  6. Referred to Coms. on P. & C.P. and INS.

  7. In Assembly. Read first time. Held at Desk.

  8. Read third time. Urgency clause adopted. Passed. (Ayes 38. Noes 0. Page 1276.) Ordered to the Assembly.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 7. Noes 0. Page 1180.) (May 20).

  11. Set for hearing May 20.

  12. May 10 hearing: Placed on APPR suspense file.

  13. Set for hearing May 10.

  14. 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.

  15. Set for hearing April 26.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  17. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  18. From committee: Do pass as amended and re-refer to Com. on L., P.E. & R. (Ayes 4. Noes 0. Page 520.) (March 16).

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  20. Set for hearing March 16.

  21. March 9 hearing postponed by committee.

  22. Set for hearing March 9.

  23. 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.

  24. Referred to Coms. on PUB. S., L., P.E. & R., and JUD.

  25. From printer. May be acted upon on or after January 7.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 17 co-sponsors · 104 not signed on

Sponsors (1)

Co-sponsors (17)

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass and be re-referred to the Committee on [Appropriations]

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 4000
Republican 1000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Cooley — Yea
Daly — Yea
Bigelow — Yea
Frazier — Yea
Rodriguez — Yea
Wood — Yea
Cooper — Yea
Mayes — Yea
Voepel — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Insurance]

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Kiley — Yea
Chau — Yea
Cunningham — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Carrillo, Juan Democratic Yea
Gabriel, Jesse Democratic Yea
Irwin, Jacqui Democratic Yea
Wicks, Buffy Democratic Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading SB39 Grove et al. Urgency Clause

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Republican 4000
Democratic 12001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Glazer — Yea
Pan — Yea
Rubio — Yea
Atkins — Not Voting
Hertzberg — Yea
Bates — Yea
Roth — Yea
Newman — Yea
Nielsen — Yea
Dodd — Yea
Borgeas — Yea
Melendez — Yea
Bradford — Yea
Skinner — Yea
Wilk — Yea
Gonzalez — Yea
Min — Yea
Hueso — Yea
Leyva — Yea
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Eggman — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety finance labor
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Frequently asked questions

What does SB 39 do?
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.
Who sponsors SB 39?
SB 39 is sponsored by Grove, Shannon (Republican), Bates, Hurtado, Melissa (Democratic), Jones, Brian W. (Republican), Melendez, Nielsen, Ochoa Bogh, Rosilicie (Republican), Wilk, Chen, Phillip (Republican), Choi, Steven S. (Republican), Dahle, Megan (Republican), Kiley, Lackey, Tom (Republican), Mathis, Nguyen, Seyarto, Kelly (Republican), Jim Patterson, and Cristina Garcia.
What is the current status of SB 39?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 39?
Track SB 39 free on One Click Politics — get push/email alerts when it moves.

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