Bill Text: CA AB2847 | 2021-2022 | Regular Session | Amended
Bill Title: Unemployment: Excluded Workers Pilot Program.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Vetoed) 2022-09-28 - Vetoed by Governor. [AB2847 Detail]
Download: California-2021-AB2847-Amended.html
Amended
IN
Assembly
April 18, 2022 |
Introduced by Assembly Member Eduardo Garcia (Coauthors: Assembly Members Mia Bonta, Calderon, Cristina Garcia, Gipson, Jones-Sawyer, Robert Rivas, Blanca Rubio, and Santiago) (Coauthors: Senators Caballero, Durazo, and Hueso) |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
(2)The Personal Income Tax Law, in
modified conformity with federal law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill, for the taxable year beginning on or after January 1, 2023, and before January 1, 2025, would provide an exclusion from gross income for benefits received under the program. The bill would require the Franchise Tax Board to submit, on or before June 15, 2025, a report to the Legislature on the total number of claims for the exclusion and the amount claimed for each exclusion, and would provide findings and declarations relating to the goals, purposes, and objectives of this
exclusion.
(3)
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5)This
bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares the following:SEC. 2.
Chapter 2 (commencing with Section 2020) is added to Part 8 of Division 2 of the Labor Code, to read:CHAPTER 2. Excluded Workers Pilot Program
2020.
(a) This chapter establishes the Excluded Workers Pilot Program, which shall be administered by the2021.
For purposes of this chapter, the following definitions apply:(b)
(c)
(d)
(e)
(f)“Secretary” means the Secretary of Labor and Workforce Development.
2022.
(a) An individual shall be eligible to receive program benefits with respect to any week that falls between January 1, 2023, and December 31, 2023, inclusive, if the(B)Between the months of January through March of 2020, inclusive.
(a)An individual eligible for benefits under this chapter may submit an application no later than May 1, 2024, to the agency in such form as the secretary may prescribe, which shall establish both of the following:
(1)Proof of the individual’s identity.
(2)Proof of the individual’s eligibility under subdivision (a) of Section 2022.
(b)An individual applying for benefits under this chapter whose claim is denied in whole or in part by the agency shall be entitled to request a review of the denial. The review shall be conducted in a manner specified by the agency.
(c)If an application is denied, the agency shall provide notice within 10 days of the denial that shall include both of the following:
(1)A statement identifying the reasons for the denial.
(2)A statement regarding the individual’s right to request a review of the denial and an explanation of how to initiate the review.
(d)
2023.
(a) On or before January 1, 2024, the department shall promulgate regulations to administer the program. The regulations shall set forth a process by which individuals may apply for the benefits under this chapter, a process for notifying individuals of the acceptance or denial of their application in a timely manner, and a process for individuals to request a review of the denial.
(2)Recording any document an individual provides to prove their identity.
(3)
(4)
(5)
(e)
(f)
(g)Applications for this program shall be accepted until May 1, 2024, or until the program no longer has sufficient funds to pay benefits, whichever occurs first.
2024.
(a) Personal information and documents collected under this chapter(b)This section shall not prohibit the disclosure of personal information collected under this chapter in any of the following circumstances:
(1)The information is disclosed in a manner that cannot be used, whether
alone or in combination with other information, to determine the identity of the individual to whom the data pertains.
(2)(A)The individual has provided signed, written consent allowing their personal information to be disclosed to the person requesting the information.
(B)Notwithstanding subparagraph (A), an individual’s signed, written consent as described in subparagraph (A) shall not be valid to authorize disclosure of information to a prospective employer or in connection with assessing the individual’s fitness or capacity for employment.
(C)A person shall not consider an individual’s failure to provide signed, written consent as described in subparagraph (A) when assessing the individual’s eligibility for a benefit or when considering an employment-related action against the
individual.
(3)Disclosure is made pursuant to an individualized court order. If disclosure is authorized under this paragraph, the agency shall conduct an individualized review to ensure the disclosure is as narrowly tailored to comply with the order as reasonably possible in order to protect the individual’s privacy as much as reasonably possible.
(4)Disclosure is required under state or federal law. If disclosure is authorized under this paragraph, the agency shall conduct an individualized review to ensure the disclosure is as narrowly tailored to comply with the applicable state or federal law as reasonably possible in order to protect the individual’s privacy as much as reasonably possible.
(c)Notwithstanding any other law, personal information and records containing personal information that are collected or
obtained pursuant to this chapter by the state, any state agency, any subdivision of the state, including agents of the California State University and the California Community Colleges, or any private person contracted to administer public services or programs shall only be collected, used, and retained for the purpose of assessing eligibility for, and providing those public services and programs created by, this chapter.
(d)Personal information obtained through this program shall not be used in connection with investigating, locating, or apprehending an individual for any immigration-related violations, including, but not limited to, a query or inquiry under Sections 1324, 1325, or 1326 of Title 8 of the United States Code.
(e)Notwithstanding subdivision (b), there shall be no disclosure of an individual’s information collected under this chapter unless the person or entity
requesting the information certifies that the person or entity will not use the information for any purpose prohibited by subdivision (d). The certification shall be made under penalty of perjury, and a violation of this subdivision shall be a misdemeanor.
(f)
(g)Failure to maintain records as required by this section shall be a misdemeanor.
(h)Except as otherwise provided by this chapter, it shall be a
felony for a person to do either of the following:
(1)Knowingly and willfully obtain records containing individually identifiable information under false pretenses.
(2)Knowingly and willfully violate this chapter to obtain records containing individually identifiable information.
2025.
(a) Any individual found eligible for the program shall receive a payment in the amount of three hundred dollars ($300) for each week of unemployment occurring between January 1, 2023, and December 31, 2023, inclusive.(b)The agency shall issue the initial payment for benefits to an eligible individual within 14 days of receipt of the individual’s properly completed application.
(c)
2026.
(a) On or before2027.
This chapter shall remain in effect only until January 1,For the taxable year beginning on or after January 1, 2023, and before January 1, 2025, gross income does not include benefits or payments received under Chapter 4 (commencing with Section 2020) of Part 8 of Division 2 of the Labor Code.
For purposes of complying with Section 41 of the Revenue and Taxation Code, the Legislature finds and declares as follows:
(a)The goals, purposes, and objectives of this exclusion are to ensure that, as much as is reasonably possible, the benefits received under the Excluded Workers Pilot Program (Chapter 4 (commencing with Section 2020) of Part 8 of Division 2 of the Labor Code) are spent in the communities in which the individuals receiving the benefits live.
(b)The Legislature shall use income reporting for the exclusion provided by the Franchise Tax Board as the performance indicator to measure whether the exclusion meets the goals, purposes, and objectives stated in
subdivision (a).
(c)The Franchise Tax Board shall submit to the Legislature, no later than June 15, 2025, a report that complies with Section 9795 of the Government Code on the total number of claims for the exclusion and the amount claimed for each exclusion. Any individually identifiable information collected pursuant to this subdivision that is used in the report shall be compiled in an aggregate or anonymized manner to preserve confidentiality.
(d)The disclosure provisions of this section shall be treated as an exception to Section 19542, under Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and Taxation Code.
SEC. 5.SEC. 3.
The sum of six hundred ninety million dollars ($690,000,000) is hereby appropriated from the General Fund to theSEC. 6.SEC. 4.
The Legislature finds and declares that Section 2 of this act, which adds Section 2024 to the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: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.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.