Amended in Senate May 1, 2013

Senate BillNo. 558


Introduced by Senator Lieu

February 22, 2013


An act to amend Section 1094 of the Unemployment Insurance Code, relating to unemployment insurance.

LEGISLATIVE COUNSEL’S DIGEST

SB 558, as amended, Lieu. Unemployment insurance: Employment Developmentbegin delete Department:end deletebegin insert Department.end insert

Under existing law, information obtained by the Employment Development Department in the administration of unemployment insurance laws is confidential, subject to specified exceptions, includingbegin delete thatend deletebegin insert authorizingend insert an employee or the employee’s representativebegin delete mayend deletebegin insert toend insert receivebegin delete his or herend deletebegin insert the employee’send insert wage information uponbegin delete his or herend deletebegin insert the employee’send insert written request.

This bill wouldbegin delete delete the requirement that the employee’s request to receive his or her wage information be in writingend deletebegin insert authorize an employee to make that request in a form other than writing if permitted by the Director of Employment Developmentend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1094 of the Unemployment Insurance
2Code
is amended to read:

3

1094.  

(a) Except as otherwise specifically provided in this
4code, the information obtained in the administration of this code
P2    1is confidential, not open to the public, and shall be for the exclusive
2use and information of the director inbegin insert theend insert discharge of his or her
3duties.

4(b) The information released to authorized entities pursuant to
5other provisions of the code shall not be admissible in evidence
6in any action or special proceeding, other than one arising out of
7the provisions of this code or one described in Section 1095.

8(c) The information may be tabulated and published in statistical
9form for use by federal, state, and local governmental departments
10and agencies, and the public, except that the name of the employing
11unit or of any worker shall never be divulged in the course of the
12tabulation or publication.

13(d) Wagesbegin insert,end insert as defined by Section 13009begin insert,end insert and amounts required
14to be deducted and withheld under Section 13020 shall not be
15disclosed except as provided in Article 2 (commencing with
16Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
17Revenue and Taxation Code.

18(e) begin deleteAny end deletebegin insertAn end insertemployee or his or her representative may receive
19the employee’s wage information uponbegin insert writtenend insert request by the
20employee.begin insert An employee may make that request in a form other
21than writing if permitted by the director.end insert
The information shall be
22provided without charge.

23(f) begin deleteAny end deletebegin insertA end insertperson who knowingly accesses, uses, or discloses
24any confidential information without authorization is in violation
25of this section and is guilty of a misdemeanor.



O

    98