Today's Law As Amended


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AB-1066 Unemployment compensation: benefits payable: collection.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1093 of the Unemployment Insurance Code is amended to read:

1093.
 (a) In the event any employer shall fail to keep and furnish to the director, upon notice, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, within such reasonable time as the director may by rule, regulation, or procedure prescribe, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on evidence, that the claimant is entitled to a lesser amount.
(b) (1) Notwithstanding subdivision (a), on and after January 1, 2021, except as provided in paragraph (2), if an employer, within 10 days after receiving an initial notice requesting the employer to furnish over required records or reports for a full determination of any claim for benefits under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.
(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports for a full determination of any claim for benefits under this division.
In  (c)  the event any employer shall fail to keep and furnish to the director, upon notice, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, within such reasonable time as the director may by rule, regulation, or procedure prescribe, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless it is established by other evidence which the director deems sufficient that a lesser total amount of benefits is properly due and owing to the claimant. If so established by other evidence upon default of the employer, after notice, such lesser total amount of benefits thus determined shall be conclusive. In all cases in which such presumptions shall apply, if the  If the  claimant has earned wages in employment for more than one employer during his  the claimant’s  base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which such the  accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.

SEC. 2.

 Section 1120 is added to the Unemployment Insurance Code, to read:

1120.
 (a) The director may delegate their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund.
(b) The director shall reimburse the Attorney General for their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.
(c) For purposes of this section, “employing unit” means a business or employer responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.