BILL NUMBER: AB 2055	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 18, 2010

   An act to amend Sections 1030, 1032, 1256, 3701, and 4701 of the
Unemployment Insurance Code, relating to unemployment insurance, and
making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2055, as amended, De La Torre. Unemployment insurance:
benefits: eligibility: reserve accounts: domestic partners.
   Existing law provides for the payment of unemployment compensation
benefits to eligible individuals who are unemployed through no fault
of their own. Existing law specifies that an individual is
disqualified from receiving benefits if the Director of Employment
Development finds that he or she left his or her most recent work
voluntarily without cause or that he or she has been discharged for
misconduct connected with his or her most recent work. Under existing
law, an individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place from which it is
impracticable to commute to the employment, and specifies that, for
purposes of those provisions, "spouse" includes a person to whom
marriage is imminent.
    Existing law authorizes any employer who is entitled to receive
specified notice of an unemployment claim to, within 10 days after
mailing of the notice, submit to the Employment Development
Department specified facts disclosing whether the claimant for
benefits left the employer's employ voluntarily and with good cause
under certain circumstances. Existing law provides that if a claimant
left under specified circumstances, including, among others, if he
or she left the employer's employ to accompany his or her spouse or
domestic partner to a place from which it is impracticable to commute
to the employment, the benefits paid to the claimant are not charged
to the employer's reserve account, as specified.
   This bill would specify that, for purposes of those provisions
governing eligibility for benefits and employer's reserve accounts,
"domestic partner" also includes a person to whom domestic
partnership, as described, is imminent. Because the bill would
provide for additional amounts payable for unemployment benefits from
the Unemployment Fund, a continuously appropriated fund, the bill
would make an appropriation. 
   This bill would incorporate additional changes in Sections 1030,
1032, and 1256 of the Unemployment Insurance Code, proposed by AB
2364, to be operative only if AB 2364 and this bill are both
chaptered and become effective January 1, 2011, and this bill is
chaptered last. 
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 1030 of the Unemployment Insurance Code is
amended to read:
   1030.  (a) Any employer who is entitled under Section 1327 to
receive notice of the filing of a new or additional claim may, within
10 days after mailing of the notice, submit to the department any
facts within its possession disclosing whether the claimant left the
employer's employ voluntarily and without good cause or left under
one of the following circumstances:
   (1) The claimant was discharged from the employment for misconduct
connected with his or her work.
   (2) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
   (3) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
   (4) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or to join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.

   (5) The claimant left the employer's employ to protect his or her
children or himself or herself from domestic violence abuse.
   The period during which the employer may submit these facts may be
extended by the director for good cause.
   (b) Any base period employer that is not entitled under Section
1327 to receive notice of the filing of a new or additional claim and
is entitled under Section 1329 to receive notice of computation may,
within 15 days after mailing of the notice of computation, submit to
the department any facts within its possession disclosing whether
the claimant left the employer's employ voluntarily and without good
cause or left under one of the following circumstances:
   (1) The claimant was discharged from the employment for misconduct
connected with his or her work.
   (2) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
   (3) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.

   (4) The claimant left the employer's employ to protect his or her
children or himself or herself from domestic violence abuse.
   The period during which the employer may submit these facts may be
extended by the director for good cause.
   (c) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
ruling under subdivision (b) or to a determination under Section
1328, the department shall promptly notify the employer of its ruling
as to the cause of the termination of the claimant's employment. The
employer may appeal from a ruling or reconsidered ruling to an
administrative law judge within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling. The 20-day
period may be extended for good cause, which includes, but is not
limited to, mistake, inadvertence, surprise, or excusable neglect.
The director is an interested party to any appeal. The department may
for good cause reconsider any ruling or reconsidered ruling within
either five days after the date an appeal to an administrative law
judge is filed or, if no appeal is filed, within 20 days after
mailing or personal service of notice of the ruling or reconsidered
ruling. However, a ruling or reconsidered ruling that relates to a
determination that is reconsidered pursuant to subdivision (a) of
Section 1332 may also be reconsidered by the department within the
time provided for reconsideration of that determination.
   (d) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons for the leaving, and if the employer submits all of the
facts within its possession concerning the leaving within the
applicable time period referred to in this section, the leaving is
presumed to be without good cause.
   (e) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
   (f) For purposes of this section "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   SEC. 1.5.   Section 1030 of the  
Unemployment Insurance Code   is amended to read: 
   1030.  (a) Any employer who is entitled under Section 1327 to
receive notice of the filing of a new or additional claim may, within
10 days after mailing of the notice, submit to the department any
facts within its possession disclosing whether the claimant left the
employer's employ voluntarily and without good cause or left under
one of the following circumstances:
   (1) The claimant was discharged from the employment for misconduct
connected with his or her work.
   (2) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
   (3) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
   (4) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to  a place  or  to 
join  her   him  or  him 
 her  at a place from which it is impractical to commute to
the employment,  and  to which a transfer of the claimant
by the employer is not available.
   (5) The claimant left the employer's employ to protect his or her
 children   family  or himself or herself
from domestic violence abuse.
   The period during which the employer may submit these facts may be
extended by the director for good cause.
   (b) Any base period employer that is not entitled under Section
1327 to receive notice of the filing of a new or additional claim and
is entitled under Section 1329 to receive notice of computation may,
within 15 days after mailing of the notice of computation, submit to
the department any facts within its possession disclosing whether
the claimant left the employer's employ voluntarily and without good
cause or left under one of the following circumstances:
   (1) The claimant was discharged from the employment for misconduct
connected with his or her work.
   (2) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
   (3) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to  a place  or join 
her   him  or  him   her
 at a place from which it is impractical to commute to the
employment,  and  to which a transfer of the claimant by the
employer is not available.
   (4) The claimant left the employer's employ to protect his or her
 children   family  or himself or herself
from domestic violence abuse.
   The period during which the employer may submit these facts may be
extended by the director for good cause.
   (c) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
ruling under subdivision (b) or to a determination under Section
1328, the department shall promptly notify the employer of its ruling
as to the cause of the termination of the claimant's employment. The
employer may appeal from a ruling or reconsidered ruling to an
administrative law judge within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling. The 20-day
period may be extended for good cause, which includes, but is not
limited to, mistake, inadvertence, surprise, or excusable neglect.
The director is an interested party to any appeal. The department may
for good cause reconsider any ruling or reconsidered ruling within
either five days after the date an appeal to an administrative law
judge is filed or, if no appeal is filed, within 20 days after
mailing or personal service of notice of the ruling or reconsidered
ruling. However, a ruling or reconsidered ruling that relates to a
determination that is reconsidered pursuant to subdivision (a) of
Section 1332 may also be reconsidered by the department within the
time provided for reconsideration of that determination.
   (d) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons for the leaving, and if the employer submits all of the
facts within its possession concerning the leaving within the
applicable time period referred to in this section, the leaving is
presumed to be without good cause.
   (e) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause. 
   (f) For purposes of this section "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent. 
  SEC. 2.  Section 1032 of the Unemployment Insurance Code is amended
to read:
   1032.  If it is ruled under Section 1030 or 1328 that the claimant
left the employer's employ voluntarily and without good cause, or
left under one of the following circumstances, benefits paid to the
claimant subsequent to the termination of employment that are based
upon wages earned from the employer prior to the date of the
termination of employment shall not be charged to the account of the
employer, except as provided by Section 1026, unless the employer
failed to furnish the information specified in Section 1030 within
the time limit prescribed in that section or unless that ruling is
reversed by a reconsidered ruling:
   (a) The claimant was discharged by reason of misconduct connected
with his or her work.
   (b) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
   (c) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to a place or to join him or her at a
place from which it is impractical to commute to the employment, and
to which a transfer of the claimant by the employer is not available.

   (d) The claimant left the employer's employ to protect his or her
children or himself or herself from domestic violence abuse.
   (e) The claimant left the employer's employ to take a
substantially better job.
   (f) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
   (g) For purposes of this section "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   SEC. 2.5.    Section 1032 of the  
Unemployment Insurance Code   is amended to read: 
   1032.  If it is ruled under Section 1030 or 1328 that the claimant
left the employer's employ voluntarily and without good cause, or
left under one of the following circumstances, benefits paid to the
claimant subsequent to the termination of employment that are based
upon wages earned from the employer prior to the date of the
termination of employment shall not be charged to the account of the
employer, except as provided by Section 1026, unless the employer
failed to furnish the information specified in Section 1030 within
the time limit prescribed in that section or unless that ruling is
reversed by a reconsidered ruling:
   (a) The claimant was discharged by reason of misconduct connected
with his or her work.
   (b) The claimant was a student employed on a temporary basis and
whose employment began within, and ended with his or her leaving to
return to school at the close of, his or her vacation period.
   (c) The claimant left the employer's employ to accompany his or
her spouse or domestic partner to  a place  or join 
her   him  or  him   her
 at a place from which it is impractical to commute to the
employment,  and  to which a transfer of the claimant by the
employer is not available.
   (d) The claimant left the employer's employ to protect his or her
 children   family  or himself or herself
from domestic violence abuse.
   (e) The claimant left the employer's employ to take a
substantially better job.
   (f) The claimant's discharge or quitting from his or her most
recent employer was the result of an irresistible compulsion to use
or consume intoxicants including alcoholic beverages.
    (g)    For purposes of this section 
and Section 1030  "spouse" includes a person to whom
marriage is imminent  , and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent  .
  SEC. 3.  Section 1256 of the Unemployment Insurance Code is amended
to read:
   1256.  An individual is disqualified for unemployment compensation
benefits if the director finds that he or she left his or her most
recent work voluntarily without good cause or that he or she has been
discharged for misconduct connected with his or her most recent
work.
   An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
   An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place or to join him or her at
a place from which it is impractical to commute to the employment.
For purposes of this section "spouse" includes a person to whom
marriage is imminent, and "domestic partner" includes a person to
whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her children, or himself or herself, from domestic violence abuse.
   An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to lay off employees.
   SEC. 3.5.    Section 1256 of the  
Unemployment Insurance Code   is amended to read: 
   1256.  An individual is disqualified for unemployment compensation
benefits if the director finds that he or she left his or her most
recent work voluntarily without good cause or that he or she has been
discharged for misconduct connected with his or her most recent
work.
   An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
   An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place  or to join him or
her at a place  from which it is impractical to commute to the
employment. For purposes of this section "spouse" includes a person
to whom marriage is imminent  , and "domestic partner" includes a
person to whom a domestic partnership, as described in Section 297
of the Family Code, is imminent  .
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her  children   family  , or himself or
herself, from domestic violence abuse.
   An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to lay off employees.
  SEC. 4.  Section 3701 of the Unemployment Insurance Code is amended
to read:
   3701.  (a) (1) Any employer who is entitled under Section 3654 to
notice of the filing of a primary claim or additional claim and who,
within 10 days after mailing of the notice, submits to the department
any facts within its possession disclosing whether the exhaustee
left the most recent employment with the employer voluntarily and
without good cause or was discharged from the employment for
misconduct connected with his or her work, or whether the claimant
was a student employed on a temporary basis and whose employment
began within, and ended with his or her leaving to return to school
at the close of, his or her vacation period, or whether the claimant
left the employer's employ to accompany his or her spouse or domestic
partner to a place or join him or her at a place from which it is
impractical to commute to the employment, and to which a transfer of
the claimant by the employer is not available or whether the claimant'
s discharge or quit from his or her most recent employer was the
result of an irresistable compulsion to use or consume intoxicants
including alcoholic beverages, shall be entitled to a ruling as
prescribed by this section. The period during which the employer may
submit these facts may be extended by the director for good cause.
   (2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   (b) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 3655, the department shall promptly
notify the employer of its ruling as to the cause of the termination
of the exhaustee's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal. The department may for good cause
reconsider any ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if no appeal is filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that
any ruling or reconsidered ruling which related to a determination is
reconsidered pursuant to subdivision (a) of Section 1332 may also be
reconsidered by the department within the time provided for
reconsideration of that determination.
   (c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
   (d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
   (e) Rulings under this section shall have the effect prescribed by
Section 1032.
  SEC. 5.  Section 4701 of the Unemployment Insurance Code is amended
to read:
   4701.  (a) (1) Any employer who is entitled under Section 4654 to
notice of the filing of an application or additional claim and who,
within 10 days after mailing of the notice, submits to the department
any facts within its possession disclosing whether the individual
left the most recent employment with the employer voluntarily and
without good cause or was discharged from the employment for
misconduct connected with his or her work, or whether the claimant
was a student employed on a temporary basis and whose employment
began within, and ended with his or her leaving to return to school
at the close of, his or her vacation period, or whether the claimant
left the employer's employ to accompany his or her spouse or domestic
partner to a place or to join him or her at a place from which it is
impractical to commute to the employment, and to which a transfer of
the claimant by the employer is not available or whether the
claimant's discharge or quit from his or her most recent employer was
the result of an irresistible compulsion to use or consume
intoxicants including alcoholic beverages, shall be entitled to a
ruling as prescribed by this section. The period during which the
employer may submit these facts may be extended by the director for
good cause.
   (2) For purposes of this section, "spouse" includes a person to
whom marriage is imminent, and "domestic partner" includes a person
to whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   (b) The department shall consider the facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 4655, the department shall promptly
issue to the employer its ruling as to the cause of the termination
of the individual's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to any appeal. The department may for good cause
reconsider any ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if no appeal is filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that
any ruling or reconsidered ruling that relates to a determination
that is reconsidered pursuant to subdivision (a) of Section 1332 may
also be reconsidered by the department within the time provided for
reconsideration of that determination.
   (c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
   (d) An individual whose employment is terminated under the
compulsory retirement provisions of a collective bargaining agreement
to which the employer is a party shall not be deemed to have
voluntarily left his or her employment without good cause.
   (e) Rulings under this section shall have the effect prescribed by
Section 1032.
   SEC. 6.    Section 1.5 of this bill incorporates
amendments to Section 1030 of the Unemployment Insurance Code
proposed by both this bill and AB 2364. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) each bill amends Section 1030 of the
Unemployment Insurance Code, and (3) this bill is enacted after AB
2364, in which case Section 1 of this bill shall not become
operative. 
   SEC. 7.    Section 2.5 of this bill incorporates
amendments to Section 1032 of the Unemployment Insurance Code
proposed by both this bill and AB 2364. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) each bill amends Section 1032 of the
Unemployment Insurance Code, and (3) this bill is enacted after AB
2364, in which case Section 2 of this bill shall not become
operative. 
   SEC. 8.    Section 3.5 of this bill incorporates
amendments to Section 1256 of the Unemployment Insurance Code
proposed by both this bill and AB 2364. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) each bill amends Section 1256 of the
Unemployment Insurance Code, and (3) this bill is enacted after AB
2364, in which case Section 3 of this bill shall not become
operative.