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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | December 13, 2012 11:21 AM |
|---|---|
| From: | Representative Dom Costa |
| To: | All House members |
| Subject: | Outstanding Overdraft Claimant and Delinquent Employer Amnesty Program |
| In the near future, I will be re-introducing legislation – former House Bill 1597 – that will amend the Unemployment Compensation Law, creating the Outstanding Overdraft Claimant and Delinquent Employer Amnesty Program. The legislation seeks to extend the time period permitted for the Department of Labor and Industry (L&I) to initiate legal proceedings against a claimant who is found guilty of intentional deception. Such practices are in strict violation of section 801 of the Unemployment Compensation Law. At present, the time period to initiate legal proceedings under section 804 of the Unemployment Compensation Law is ten years. My legislation will extend this period to twenty years. Additionally, under my proposal, an amnesty program will be created for persons found in violation of section 801 who have surpassed the current six year time frame during which legal proceedings may be initiated. Employers found in violation of section 802(a)(2) of the UC Law, those who have willfully refused or failed to make unemployment compensation payments would also receive amnesty under this program. Under the provisions of this amnesty program, both delinquent employers and those overdraft claimants who are eligible would be required to repay the amount of the original overpayment, plus one half of the interest accrued on the amount of the original overpayment. Attached fees, fines and all penalties would be waived by L&I with the condition that the claimant or employer meet compliance with the UC Law in the future. Implementation of this amnesty program would facilitate the recoupment of outstanding revenue into the UC fund. Consequently, those in violation of the aforementioned sections of the UC Law would be afforded the opportunity to repay amounts owed, thereby settling their accounts to the benefit of all parties involved. |
Introduced as HB811
Memo Updated: December 13, 2012 11:22 AM