BILL ANALYSIS �
AB 274
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ASSEMBLY THIRD READING
AB 274 (Garrick)
As Amended May 10, 2011
Majority vote
INSURANCE 12-0 APPROPRIATIONS 16-0
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|Ayes:|Solorio, Hagman, Charles |Ayes:|Fuentes, Harkey, |
| |Calderon, Carter, Feuer, | |Blumenfield, Bradford, |
| |Grove, Hayashi, Miller, | |Campos, Davis, Donnelly, |
| |Olsen, Skinner, Torres, | |Gatto, Hall, Hill, Lara, |
| |Wieckowski | |Mitchell, Nielsen, Smyth, |
| | | |Solorio, Wagner |
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SUMMARY : Requires that employers be notified of the definition
of "good cause" to extend the time to answer a claim for
unemployment benefits. Specifically, this bill :
1)Requires the Employment Development Department (EDD), when
notifying an employer that an unemployment claim has been
filed, to provide them with a direct Internet Web site link to
the page that describes the circumstances that establish good
cause.
2)Specifies that the link is available at
http://www.edd.ca.gov/UIBDG/Miscellaneous_MI_40.htm or its
successor Web site address.
3)Provides that EDD shall not be required to update its standard
forms, publications, and signs to comply with the above
requirement until all of its existing stock of forms,
publications, and signs for this purpose are depleted.
EXISTING LAW :
1)Authorizes each employer affected by a claim of unemployment
insurance (UI) benefits, within 10 days after the mailing of
the notice of the UI claim, to submit to EDD any facts within
its possession disclosing whether the claimant left the
employer's employ voluntarily and without good cause or left
due to specified circumstances including misconduct, or
consumption of alcoholic beverages or other intoxicants.
AB 274
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2)Requires each employer, after being notified by EDD of a UI
claim, to submit within 10 days any facts known that may
affect the claimant's eligibility for benefits, and allows for
an extension for good cause.
3)Provides that if, after the 10-day period, the employer
acquires knowledge of facts that could not reasonably have
been known within the period, the employer shall within 10
days of acquiring that knowledge submit the facts to EDD, and
the 10-day period may also be extended for good cause.
4)Provides that if, after a notice of determination of UI
eligibility, the employer acquires knowledge of facts that may
affect the eligibility of the UI claimant and those facts
could not have reasonably been known within the 10-day period,
the employer shall within 10 days of acquiring that knowledge
submit those facts to EDD, and the 10-day period may be
extended for good cause.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the costs associated with this bill would be minor
and absorbable within existing EDD resources.
COMMENTS :
1)According to the author, the existing law requires EDD to
provide notice of the filing of an unemployment claim to the
claimant's last employing unit, and requires the employer to
submit, within 10 days after the mailing of the notice, any
facts that may affect the claimant's eligibility for benefits.
2)The author states this bill is needed because in many
instances an employer is required to travel for business, and
it is not clear what circumstances constitute good cause to
extend the 10-day period to provide the required facts to EDD.
This bill will clarify the circumstances that constitute good
cause to request and obtain a time extension.
Analysis Prepared by : Manny Hernandez / INS. / (916) 319-2086
FN: 0000756
AB 274
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