Bill Text: CA AB2698 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Foster youth: identity theft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2698 Detail]

Download: California-2009-AB2698-Amended.html

---

BILL NUMBER: AB 2698	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2010

INTRODUCED BY   Assembly Member Block

                        FEBRUARY 19, 2010

   An act to amend Section 10618.6 of the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2698, as amended, Block. Foster youth: identity theft.
   Under existing law, a county welfare department is required to
request a consumer disclosure, pursuant to federal law, on behalf of
a youth in a foster care placement in the county, when the youth
reaches his or her 16th birthday, in order to ascertain whether the
youth has been the victim of identity theft. If the consumer
disclosure reveals any negative items, or evidence that identity
theft has occurred, existing law requires the county welfare
department to refer the youth to an approved organization that
provides services to victims of identity theft. Existing law requires
the department to develop a list of approved organizations for this
purpose, in consultation with the County Welfare Directors
Association and others.
   This bill would revise the above provisions, to require the county
welfare department or the State Department of Social Services to
ascertain whether identity theft may have occurred under the
described circumstances. The bill would require the matter to be
referred to a governmental agency or nonprofit organization that
provides information and assistance to victims of identity theft,
rather than to an approved counseling organization. The bill would
authorize the agency or the nonprofit organization to take remedial
actions to clear the youth's credit record and to report the results
to the referring agency. The bill would require the Office of Privacy
Protection, in consultation with the State Department of Social
Services and other specified entities, to develop a list of
governmental agencies and nonprofit organizations  to which the
matter may be referred for assistance in responding to an instance of
suspected identity theft  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10618.6 of the Welfare and Institutions Code is
amended to read:
   10618.6.  In the year that a youth in a foster care placement
reaches his or her 16th birthday, the county welfare department or
the State Department of Social Services shall request a consumer
disclosure from  each of  the  three 
national  consumer  credit reporting agencies, pursuant to
the free annual disclosure provision of the federal Fair Credit
Reporting Act  (15 U.S.C. Sec. 1681 et seq.)  , on the youth'
s behalf, notwithstanding any other provision of law, to ascertain
whether or not identity theft may have occurred. Notwithstanding
Section 827, Section 10850, or any other provision of law, both the
county and the department are authorized under this section to make
the request on a foster youth's behalf. If a consumer disclosure for
the youth exists, and if the consumer disclosure reveals any negative
items, or any evidence that some form of identity theft may have
occurred, the state or county, acting on behalf of the foster youth,
shall refer the matter to a governmental agency or nonprofit
organization that provides information and assistance to victims of
identity theft. The agency or nonprofit organization is authorized
under this section to take remedial action on behalf of the foster
youth to clear his or her credit record and to report the results of
the action to the referring county or state department. The Office of
Privacy Protection, in consultation with the State Department of
Social Services, the County Welfare Directors Association, consumer
credit reporting agencies, and other relevant stakeholders, shall
develop a list of agencies and organizations to which the matter may
be referred for assistance in responding to an instance of suspected
identity theft. Nothing in this section shall be construed to require
the county welfare department or the State Department of Social
Services to make more than one request for a consumer disclosure on
behalf of a youth in care, or to take steps beyond referring the
matter to an agency or organization.