Unemployment insurance: benefits: disqualification: notice.
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AB 397 — Unemployment insurance: benefits: disqualification: notice.
Last action — Chaptered by Secretary of State - Chapter 516, Statutes of 2021.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 03, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
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Cleared a recorded vote
Passed 8 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
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 Text
- Chaptered 10/05/21 - Chaptered Current pdf October 05, 2021
- Enrolled 09/13/21 - Enrolled pdf September 13, 2021
- Amended 09/03/21 - Amended Senate pdf September 03, 2021
- Amended 08/26/21 - Amended Senate pdf August 26, 2021
- Introduced 02/03/21 - Introduced pdf February 03, 2021
- AB397 View text html
Action History
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Chaptered by Secretary of State - Chapter 516, Statutes of 2021.
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Approved by the Governor.
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Enrolled and presented to the Governor at 3 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2972.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2515.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).
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In committee: Referred to suspense file.
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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.
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Referred to Com. on L., P.E. & R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1818.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 16. Noes 0.) (May 20).
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In committee: Set, first hearing. Referred to APPR. suspense file.
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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.
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Coauthors revised.
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Referred to Com. on INS.
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From printer. May be heard in committee March 6.
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Read first time. To print.
Sponsors
- Mayes · Primary
- Chiu · Cosponsor
- Isaac G. Bryan · Cosponsor
- Nazarian · Cosponsor
- Santiago · Cosponsor
- Buffy Wicks · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 116 not signed on
Sponsors (1)
- Mayes
Co-sponsors (5)
- Chiu
- Bryan, Isaac G. Democratic
- Nazarian
- Santiago
- Wicks, Buffy Democratic
Not signed on (116)
116 members have not signed on to this bill.
Show all 116 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 27 | 0 | 0 | 0 |
| Unaffiliated | 44 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 80 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Friedman | — | Yea |
| Bigelow | — | Yea |
| Chiu | — | Yea |
| Rendon | — | Yea |
| Villapudua | — | Yea |
| Salas | — | Yea |
| Quirk | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| Daly | — | Yea |
| Gray | — | Yea |
| Burke | — | Yea |
| Mathis | — | Yea |
| Santiago | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Chau | — | Yea |
| Bloom | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Wood | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Cooper | — | Yea |
| Voepel | — | Yea |
| Cooley | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Kiley | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Medina | — | Yea |
| McCarty | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Valladares, Suzette Martinez | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 1 |
| Democratic | 12 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Bates | — | Yea |
| Kamlager | — | Yea |
| Wilk | — | Yea |
| Leyva | — | Yea |
| Rubio | — | Yea |
| Hertzberg | — | Yea |
| Pan | — | Yea |
| Bradford | — | Yea |
| Borgeas | — | Yea |
| Gonzalez | — | Yea |
| Skinner | — | Yea |
| Glazer | — | Yea |
| Melendez | — | Yea |
| Min | — | Yea |
| Portantino | — | Yea |
| Atkins | — | Yea |
| Dodd | — | Yea |
| Roth | — | Yea |
| Wieckowski | — | Yea |
| Hueso | — | Yea |
| Nielsen | — | Yea |
| Newman | — | Yea |
| Eggman | — | Not Voting |
| 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 | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Not Voting |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Kamlager | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Bradford | — | Yea |
| Laird, John | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Bradford | — | Yea |
| Kamlager | — | Yea |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Newman | — | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 28 | 0 | 0 | 0 |
| Unaffiliated | 40 | 0 | 0 | 1 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Wood | — | Yea |
| Smith | — | Yea |
| Cunningham | — | Yea |
| Cooper | — | Yea |
| Voepel | — | Yea |
| Cooley | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Kiley | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| O'Donnell | — | Yea |
| Waldron | — | Yea |
| Medina | — | Yea |
| McCarty | — | Yea |
| Friedman | — | Yea |
| Chiu | — | Yea |
| Rendon | — | Yea |
| Villapudua | — | Yea |
| Salas | — | Yea |
| Quirk | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| Daly | — | Yea |
| Gray | — | Yea |
| Burke | — | Yea |
| Mathis | — | Yea |
| Santiago | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Chau | — | Yea |
| Bigelow | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Valladares, Suzette Martinez | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 6 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Levine | — | Yea |
| Holden | — | Yea |
| Quirk | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Eduardo Garcia | — | Yea |
| Lorena Gonzalez | — | Yea |
| Luz Rivas | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 3 | 0 | 0 | 0 |
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Cooper | — | Yea |
| Mayes | — | Yea |
| Frazier | — | Yea |
| Daly | — | Yea |
| Rodriguez | — | Yea |
| Bigelow | — | Yea |
| Cooley | — | Yea |
| Wood | — | Yea |
| Voepel | — | Yea |
| Berman, Marc | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 397 do?
- 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.
- Who sponsors AB 397?
- AB 397 is sponsored by Mayes, Chiu, Bryan, Isaac G. (Democratic), Nazarian, Santiago, and Wicks, Buffy (Democratic).
- What is the current status of AB 397?
- This bill has been enacted into law. Introduced February 03, 2021. Enacted.
- Where can I track AB 397?
- Track AB 397 free on One Click Politics — get push/email alerts when it moves.
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