AB 1389 — Notice of levy.

Summary

Existing law requires the Employment Development Department to implement and administer the unemployment insurance program in this state, and provides for the payment of unemployment compensation benefits to eligible individuals who are unemployed through no fault of their own. Existing law provides for penalties and interest if any person or employing unit is delinquent in the payment of any contributions for unemployment insurance, and authorizes the Director of Employment Development to enforce any state tax liens against a delinquent account receivable or account held by a financial institution if proper notice is given. Existing law requires the person receiving a notice of levy, if the levy is made on an account receivable, to remit any credits or personal property owing to the delinquent person or employing unit to the department within 5 days of receipt of the notice of levy. Existing law also requires a person that comes into possession of credits or property owing to a delinquent person or employing unit within one year of receipt of the notice of an accounts receivable levy to remit the credits or property to the department within 5 days of coming into possession of the credits or property. Existing law requires a financial institution receiving a notice of levy to remit the property to the department within 5 days of receiving the notice of levy, but does not require the financial institution to remit property that is not in their possession at the time the notice of levy is served. This bill would instead require the person in possession of credits or property owing to the delinquent person or employing unit to remit the credits or property to the department after 10 but no later than 14 business days after service of the levy. The bill would also require a person coming into possession of credits or property owing to the delinquent person or employing unit within one year of receipt of the notice of levy to remit the credits or property to the department after 10 but no later than 14 days after coming into possession of the credits or property. The bill would also make clarifying changes to these provisions.

Bill Text

• Chaptered 10/13/23 - Chaptered Current pdf October 13, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 06/05/23 - Amended Senate pdf June 05, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1389 View text html

Action History

1. October 13, 2023

   Chaptered by Secretary of State - Chapter 839, Statutes of 2023.

2. October 13, 2023

   Approved by the Governor.

3. September 13, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 07, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3020.).

5. June 29, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 1 pursuant to Assembly Rule 77.

6. June 29, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1829.).

7. June 27, 2023

   Read second time. Ordered to Consent Calendar.

8. June 26, 2023

   From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

9. June 14, 2023

   From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 14). Re-referred to Com. on APPR.

10. June 05, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.

11. May 10, 2023

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

12. April 27, 2023

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

13. April 27, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1366.)

14. April 20, 2023

    Read second time. Ordered to Consent Calendar.

15. April 19, 2023

    From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 19).

16. March 22, 2023

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (March 22). Re-referred to Com. on APPR.

17. March 09, 2023

    Referred to Com. on INS.

18. February 18, 2023

    From printer. May be heard in committee March 20.

19. February 17, 2023

    Read first time. To print.

Sponsors

• Juan Carrillo · Primary

Votes

Subjects