Today's Law As Amended


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SB-39 Fraudulent claims: inmates.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 11105.9 of the Penal Code is amended to read:

11105.9.
 (a) (1)  Notwithstanding subdivision (g) of Section 11105 and subdivision (a) of Section 13305, the Department of Corrections and Rehabilitation may provide the social security numbers of current or former inmates to the Employment Development Department, the California Workforce Development Board, or the California Workforce Development Board’s designee for the purposes set forth in subdivision (i) of Section 14013 of the Unemployment Insurance Code. The Employment Development Department, the California Workforce Development Board, and any board designee shall keep the social security numbers confidential and use them only to track the labor market and other employment outcomes of program participants, as described in subdivision (i) of Section 14013 of the Unemployment Insurance Code.
(2) Notwithstanding any law, the Department of Corrections and Rehabilitation shall provide the names and social security numbers, consistent with federal law, of current inmates to the Employment Development Department for the purpose set forth in Section 321.5 of the Unemployment Insurance Code. The Department of Corrections and Rehabilitation shall provide the information to the Employment Development Department pursuant to this paragraph at least every 90 calendar days and upon request by the Employment Development Department.
(b) The (1)  Except as provided in paragraph (2), the  Employment Development Department, the California Workforce Development Board, and any board designee shall not disseminate social security numbers obtained pursuant to this section to an individual or public entity not identified in this section.
(2) Notwithstanding any law, including paragraph (1), the Employment Development Department is authorized to disseminate social security numbers to the Department of Corrections and Rehabilitation pursuant to Section 321.6 of the Unemployment Insurance Code.

SEC. 2.

 Section 321.5 is added to the Unemployment Insurance Code, to read:

321.5.
 For the purpose of preventing payments on fraudulent claims for unemployment compensation benefits under this part, for any unemployment compensation benefits paid on and after July 1, 2021, the Director of Employment Development shall verify with the information provided by the Department of Corrections and Rehabilitation pursuant to Section 11105.9 of the Penal Code before making any payment of unemployment compensation benefits pursuant to this part that the claimant is not an inmate currently incarcerated in the state prisons. The department shall only use the information provided by the Department of Corrections and Rehabilitation if the information of current inmates is equal to or less than 90 calendar days old.

SEC. 3.

 Section 321.6 is added to the Unemployment Insurance Code, to read:

321.6.
 If the department determines a claimant is an inmate currently incarcerated in the state prisons, the department shall notify the Department of Corrections and Rehabilitation and the Department of Justice of the attempt to make a fraudulent claim for unemployment compensation benefits under this part.
SEC. 4.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 5.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to stop the payment of unemployment compensation benefits on fraudulent claims by inmates, thereby preserving benefits for claimants in need as soon as possible, it is necessary that this act take effect immediately.