Amended IN Senate August 07, 2020 Amended IN Senate June 30, 2020 Amended IN Senate August 30, 2019 Amended IN Assembly April 30, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1066Introduced by Assembly Member GonzalezFebruary 21, 2019 An act to amend Section 1093 of, and to add Sections 1093.1 and 1120 to, the Unemployment Insurance Code, relating to unemployment benefits.LEGISLATIVE COUNSEL'S DIGESTAB 1066, as amended, Gonzalez. Unemployment compensation: benefits payable: collection. 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 instead provide that if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of a claim for unemployment benefits, fails to furnish those required records or reports to the director, it shall 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 also provide that if subject an employer employing that has failed to furnish prescribed records or reports for a total of 5 or more claimants has failed to keep and furnish to the director, claimants, within 10 days after receiving notice from the director, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, then it shall be conclusively presumed that all claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount. to a similar conclusive presumption for all subsequent claimants of that employer.The bill would authorize the director to extend these 10-day deadlines on a determination of good cause for a delay in the furnishing of required records or reports.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 percent of the amount of those contributions, in addition to payment of interest and other specified penalties.This bill would authorize the director to delegate its 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 its 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 that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1093 of the Unemployment Insurance Code is amended to read:1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.SEC. 2. Section 1093.1 is added to the Unemployment Insurance Code, to read:1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.SEC. 3. Section 1120 is added to the Unemployment Insurance Code, to read:1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund. (b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
Amended IN Senate August 07, 2020 Amended IN Senate June 30, 2020 Amended IN Senate August 30, 2019 Amended IN Assembly April 30, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1066Introduced by Assembly Member GonzalezFebruary 21, 2019 An act to amend Section 1093 of, and to add Sections 1093.1 and 1120 to, the Unemployment Insurance Code, relating to unemployment benefits.LEGISLATIVE COUNSEL'S DIGESTAB 1066, as amended, Gonzalez. Unemployment compensation: benefits payable: collection. 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 instead provide that if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of a claim for unemployment benefits, fails to furnish those required records or reports to the director, it shall 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 also provide that if subject an employer employing that has failed to furnish prescribed records or reports for a total of 5 or more claimants has failed to keep and furnish to the director, claimants, within 10 days after receiving notice from the director, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, then it shall be conclusively presumed that all claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount. to a similar conclusive presumption for all subsequent claimants of that employer.The bill would authorize the director to extend these 10-day deadlines on a determination of good cause for a delay in the furnishing of required records or reports.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 percent of the amount of those contributions, in addition to payment of interest and other specified penalties.This bill would authorize the director to delegate its 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 its 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 that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 07, 2020 Amended IN Senate June 30, 2020 Amended IN Senate August 30, 2019 Amended IN Assembly April 30, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 26, 2019
Amended IN Senate August 07, 2020
Amended IN Senate June 30, 2020
Amended IN Senate August 30, 2019
Amended IN Assembly April 30, 2019
Amended IN Assembly April 22, 2019
Amended IN Assembly March 26, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 1066
Introduced by Assembly Member GonzalezFebruary 21, 2019
Introduced by Assembly Member Gonzalez
February 21, 2019
An act to amend Section 1093 of, and to add Sections 1093.1 and 1120 to, the Unemployment Insurance Code, relating to unemployment benefits.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1066, as amended, Gonzalez. Unemployment compensation: benefits payable: collection.
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 instead provide that if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of a claim for unemployment benefits, fails to furnish those required records or reports to the director, it shall 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 also provide that if subject an employer employing that has failed to furnish prescribed records or reports for a total of 5 or more claimants has failed to keep and furnish to the director, claimants, within 10 days after receiving notice from the director, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, then it shall be conclusively presumed that all claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount. to a similar conclusive presumption for all subsequent claimants of that employer.The bill would authorize the director to extend these 10-day deadlines on a determination of good cause for a delay in the furnishing of required records or reports.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 percent of the amount of those contributions, in addition to payment of interest and other specified penalties.This bill would authorize the director to delegate its 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 its 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 that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
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 instead provide that if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of a claim for unemployment benefits, fails to furnish those required records or reports to the director, it shall 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 also provide that if subject an employer employing that has failed to furnish prescribed records or reports for a total of 5 or more claimants has failed to keep and furnish to the director, claimants, within 10 days after receiving notice from the director, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, then it shall be conclusively presumed that all claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount. to a similar conclusive presumption for all subsequent claimants of that employer.
The bill would authorize the director to extend these 10-day deadlines on a determination of good cause for a delay in the furnishing of required records or reports.
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 percent of the amount of those contributions, in addition to payment of interest and other specified penalties.
This bill would authorize the director to delegate its 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 its 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 that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1093 of the Unemployment Insurance Code is amended to read:1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.SEC. 2. Section 1093.1 is added to the Unemployment Insurance Code, to read:1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.SEC. 3. Section 1120 is added to the Unemployment Insurance Code, to read:1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund. (b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1093 of the Unemployment Insurance Code is amended to read:1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.
SECTION 1. Section 1093 of the Unemployment Insurance Code is amended to read:
### SECTION 1.
1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.
1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.
1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.
1093. (a) If (1) Except as provided in paragraph (2), if an employer, within 10 days after receiving notice from the director of the need to furnish required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.
(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports.
(b) If the claimant has earned wages in employment for more than one employer during the claimants base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.
SEC. 2. Section 1093.1 is added to the Unemployment Insurance Code, to read:1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.
SEC. 2. Section 1093.1 is added to the Unemployment Insurance Code, to read:
### SEC. 2.
1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.
1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.
1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.
1093.1. If (a) Except as provided in subdivision (b), for an employer employing that has failed to furnish the required records or reports for a total of five or more claimants, within 10 days after receiving notice from the director of the need to furnish any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any of those claims for benefits in any proceeding under this division, fails to furnish the required records or reports, then it shall be conclusively presumed that all subsequent claimants of that employer are entitled to the maximum total amount of benefits payable under this division, unless the director determines, based on the evidence, that the claimants are entitled to a lesser amount.
(b) The director may extend the 10-day deadline in subdivision (a) on a determination of good cause for a delay in the furnishing of required records or reports.
SEC. 3. Section 1120 is added to the Unemployment Insurance Code, to read:1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund. (b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
SEC. 3. Section 1120 is added to the Unemployment Insurance Code, to read:
### SEC. 3.
1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund. (b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund. (b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund. (b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.
1120. (a) The director may delegate its their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund.
(b) The director shall reimburse the Attorney General for its their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.
(c) For purposes of this section, employing unit means a business or employer that has more than 500 employees, including employees who have been misclassified as independent contractors. responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.