BILL NUMBER: AB 2293	CHAPTERED  08/28/06

	CHAPTER  190
	FILED WITH SECRETARY OF STATE  AUGUST 28, 2006
	APPROVED BY GOVERNOR  AUGUST 28, 2006
	PASSED THE SENATE  AUGUST 10, 2006
	PASSED THE ASSEMBLY  MAY 11, 2006
	AMENDED IN ASSEMBLY  MAY 4, 2006

INTRODUCED BY   Assembly Member Nava
   (Coauthors: Assembly Members Koretz, Lieber, and Maze)

                        FEBRUARY 22, 2006

   An act to add Section 1142.1 to the Unemployment Insurance Code,
relating to unemployment insurance, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2293, Nava  Unemployment compensation: false information:
employees of educational institutions.
   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 authorize the director to assess a similar
penalty, for deposit into a specified fund, against an employer if
the director finds that the employer or any employee, officer, or
agent of that employer, in submitting facts concerning the
termination of a claimant's employment, where the claimant was
performing services for an educational institution, as defined,
willfully makes a false statement or representation or willfully
fails to report a material fact regarding any week during which the
services were performed or any time granted to the claimant for
professional development during his or her employment with that
employer.
   This bill, by requiring these penalties to be deposited into the
Employment Development Contingent Fund, a continuously appropriated
general fund, would make an appropriation.
   Appropriation: yes.


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


  SECTION 1.  Section 1142.1 is added to the Unemployment Insurance
Code, to read:
   1142.1.  (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, where the
claimant was performing services for an educational institution, as
described in Section 1253.3, willfully makes a false statement or
representation or willfully fails to report a material fact regarding
any week during which the services were performed, as provided in
Section 1253.3, or any time granted to the claimant for professional
development during his or her employment with that employer, the
director shall assess a penalty against the employer of that claimant
in an amount not less than two, nor more than 10, times the weekly
benefit amount of that claimant.
   (b) 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 Employment Development
Department Contingent Fund.