| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2621Introduced by Assembly Member ValladaresFebruary 18, 2022 An act to add Section 317.1 of the Unemployment Insurance Code, relating to unemployment insurance. LEGISLATIVE COUNSEL'S DIGESTAB 2621, as introduced, Valladares. Unemployment insurance: policies and practices.Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud.Existing law makes it a violation of the unemployment insurance law to willfully make a false statement or representation, to knowingly failing to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under specified statutes.Existing law prohibits any employer or employee, officer, or agent of the employer from willfully making false statements or representations, or willfully failing to report a material fact in connection with a separation issue or a written statement concerning reasonable assurance of a claimants reemployment. Existing law requires the director of the Employment Development Department to assess a penalty of not less than 2 but no more than 10 times the weekly benefit amount of the claimant against the employer or employee, officer, or agent of the employer, as specified.This bill would require specified forms used by the department to administer unemployment insurance claims to require claimants, their employers, or an employee, officer, or agent of the employer, to sign an acknowledgment that they understand they may be subject to penalties under the above provisions. This bill would provide that these signed acknowledgments would not be made under penalty of perjury.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 317.1 is added to the Unemployment Insurance Code, to read:317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10.(b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10.(c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2621Introduced by Assembly Member ValladaresFebruary 18, 2022 An act to add Section 317.1 of the Unemployment Insurance Code, relating to unemployment insurance. LEGISLATIVE COUNSEL'S DIGESTAB 2621, as introduced, Valladares. Unemployment insurance: policies and practices.Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud.Existing law makes it a violation of the unemployment insurance law to willfully make a false statement or representation, to knowingly failing to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under specified statutes.Existing law prohibits any employer or employee, officer, or agent of the employer from willfully making false statements or representations, or willfully failing to report a material fact in connection with a separation issue or a written statement concerning reasonable assurance of a claimants reemployment. Existing law requires the director of the Employment Development Department to assess a penalty of not less than 2 but no more than 10 times the weekly benefit amount of the claimant against the employer or employee, officer, or agent of the employer, as specified.This bill would require specified forms used by the department to administer unemployment insurance claims to require claimants, their employers, or an employee, officer, or agent of the employer, to sign an acknowledgment that they understand they may be subject to penalties under the above provisions. This bill would provide that these signed acknowledgments would not be made under penalty of perjury.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2621 |
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| 15 | 15 | | Introduced by Assembly Member ValladaresFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Valladares |
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| 18 | 18 | | February 18, 2022 |
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| 20 | 20 | | An act to add Section 317.1 of the Unemployment Insurance Code, relating to unemployment insurance. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2621, as introduced, Valladares. Unemployment insurance: policies and practices. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud.Existing law makes it a violation of the unemployment insurance law to willfully make a false statement or representation, to knowingly failing to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under specified statutes.Existing law prohibits any employer or employee, officer, or agent of the employer from willfully making false statements or representations, or willfully failing to report a material fact in connection with a separation issue or a written statement concerning reasonable assurance of a claimants reemployment. Existing law requires the director of the Employment Development Department to assess a penalty of not less than 2 but no more than 10 times the weekly benefit amount of the claimant against the employer or employee, officer, or agent of the employer, as specified.This bill would require specified forms used by the department to administer unemployment insurance claims to require claimants, their employers, or an employee, officer, or agent of the employer, to sign an acknowledgment that they understand they may be subject to penalties under the above provisions. This bill would provide that these signed acknowledgments would not be made under penalty of perjury. |
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| 29 | 29 | | |
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| 30 | 30 | | Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud. |
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| 31 | 31 | | |
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| 32 | 32 | | Existing law makes it a violation of the unemployment insurance law to willfully make a false statement or representation, to knowingly failing to disclose a material fact, or to use a false name, false social security number, or other false identification to obtain, increase, reduce, or defeat any benefit or payment, whether for the maker or for any other person, under specified statutes. |
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| 34 | 34 | | Existing law prohibits any employer or employee, officer, or agent of the employer from willfully making false statements or representations, or willfully failing to report a material fact in connection with a separation issue or a written statement concerning reasonable assurance of a claimants reemployment. Existing law requires the director of the Employment Development Department to assess a penalty of not less than 2 but no more than 10 times the weekly benefit amount of the claimant against the employer or employee, officer, or agent of the employer, as specified. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would require specified forms used by the department to administer unemployment insurance claims to require claimants, their employers, or an employee, officer, or agent of the employer, to sign an acknowledgment that they understand they may be subject to penalties under the above provisions. This bill would provide that these signed acknowledgments would not be made under penalty of perjury. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 317.1 is added to the Unemployment Insurance Code, to read:317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10.(b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10.(c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 317.1 is added to the Unemployment Insurance Code, to read:317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10.(b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10.(c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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| 50 | 50 | | SECTION 1. Section 317.1 is added to the Unemployment Insurance Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10.(b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10.(c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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| 56 | 56 | | 317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10.(b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10.(c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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| 58 | 58 | | 317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10.(b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10.(c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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| 62 | 62 | | 317.1. (a) Each application for unemployment insurance shall require a claimant to sign an acknowledgment that the claimant understands they may be subject to penalties under Chapter 10. |
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| 64 | 64 | | (b) Each notice of unemployment insurance claim filed that is sent to an employer or employee, officer, or agent of the employer when an application for unemployment insurance is filed shall require the employer or employee, officer, or agent of the employer to sign an acknowledgment that they understand they may be subject to penalties under Section 1142 and Chapter 10. |
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| 66 | 66 | | (c) Signed acknowledgments made pursuant to this section shall not constitute a crime under Section 118 of the Penal Code. |
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