BILL NUMBER: AB 2412	CHAPTERED  09/27/04

	CHAPTER  808
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  AUGUST 12, 2004
	AMENDED IN ASSEMBLY  APRIL 21, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Yee
   (Principal coauthor:  Assembly Member Bermudez)
   (Coauthors:  Assembly Members Dutra and Koretz)

                        FEBRUARY 19, 2004

   An act to amend Section 1142 of the Unemployment Insurance Code,
relating to unemployment insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2412, Yee.  Unemployment insurance:  false information:
penalty.
   Existing unemployment insurance law provides that if the Director
of the Employment Development Department finds that any employer or
any employee, officer, or agent of any employer, in submitting facts
concerning the termination of a claimant's employment pursuant to
specified provisions of that law, willfully makes a false statement
of representation or willfully fails to report a material fact
concerning that termination, the director shall assess a penalty
against the employer in an amount not less than 2 nor more than 10
times the weekly benefit amount of that claimant.
   This bill would also impose that penalty against the employer if
the director finds that any employer or any employee, officer, or
agent of any employer, in submitting a written statement concerning
the reasonable assurance, as defined, of a claimant's reemployment,
as required by specified provisions of that law, willfully makes a
false statement or representation or willfully fails to report a
material fact concerning the reasonable assurance of that
reemployment.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1142 of the Unemployment Insurance Code is
amended to read:
   1142.  (a) If the director finds that any employer or any
employee, officer, or agent of any employer, in submitting facts
concerning the termination of a claimant's employment pursuant to
Section 1030, 1327, 3654, 3701, 4654, or 4701, willfully makes a
false statement or representation or willfully fails to report a
material fact concerning that termination, the director shall assess
a penalty against the employer in an amount not less than 2 nor more
than 10 times the weekly benefit amount of that claimant.
   (b) If the director finds that any employer or any employee,
officer, or agent of any employer, in submitting a written statement
concerning the reasonable assurance, as defined in subdivision (g) of
Section 1253.3, of a claimant's reemployment, as required by
subdivisions (b), (c), and (i) of Section 1253.3, willfully makes a
false statement or representation or willfully fails to report a
material fact concerning the reasonable assurance of that
reemployment, the director shall assess a penalty against the
employer in an amount not less than two nor more than 10 times the
weekly benefit amount of that claimant.
   (c) This article, Article 9 (commencing with Section 1176) of this
chapter with respect to refunds, and Chapter 7 (commencing with
Section 1701) of this part with respect to collections shall apply to
the assessments provided by this section.  Penalties collected under
this section shall be deposited in the contingent fund.