Bill Text: CA SB1409 | 2015-2016 | Regular Session | Amended

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Bill Title: Employment Development Department: administration: social security numbers: report.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1409 Detail]

Download: California-2015-SB1409-Amended.html

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BILL NUMBER: SB 1409	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Morrell

                        FEBRUARY 19, 2016

   An act to add Division 6.5 (commencing with Section 13500) to the
Unemployment Insurance Code, relating to employment administration.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1409, as amended, Morrell. Employment Development Department:
administration: social security numbers: report.
   Existing law requires the Employment Development Department within
the Labor and Workforce Development Agency to administer various
programs, including the state unemployment and disability
compensation programs, and perform duties relating to income tax
withholding, which require the furnishment of social security numbers
of employees or other individuals.
   This bill would require, if the department discovers that more
than one individual is using a social security number, the department
to determine which user is legally issued that number within 60 days
of discovery, and to provide a notification  to the individual
who is determined to be legally issued that social security number
that a duplicate attempt was made to use that number and a
notification  containing specified information to the other
users of that number within 30 days of making that determination.
This bill would also require the department to keep a record of those
numbers and dates of discoveries and notices, as specified, and
would require the department to submit a report to the Legislature on
or before January 1, 2018, and annually thereafter regarding that
record, as specified.
   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.  Division 6.5 (commencing with Section 13500) is added
to the Unemployment Insurance Code, to read:

      DIVISION 6.5.  Additional Duties of the Employment Development
Department


      CHAPTER 1.  DUPLICATE USE OF SOCIAL SECURITY NUMBERS


   13500.  (a) If the Employment Development Department discovers
that more than one individual is using a social security number, the
department shall determine which user is the individual legally
issued that social security number within 60 days of that discovery.

   (b) (1) Within 30 days of a determination made pursuant to
subdivision (a), the department shall notify the individual who is
determined to be legally issued that social security number that a
duplicate attempt was made to use his or her social security number.
 
   (b) 
    (2)  Within 30 days of a determination made pursuant to
subdivision (a), the department shall notify the  nonlegal
 user or users of that social security number who are not
the individual legally issued that social security number that they
must cease and desist in using that social security number and that
willful use of that social security number after receipt of the
notification may violate state law. Additionally, the department
shall notify that user that he or she can obtain a social security
number from the Social Security Administration to continue to pursue
benefits he or she may be legally entitled.
   (c) The Director of the Employment Development Department shall
keep a record of social security numbers that have been used by more
than one individual, the date of discovery of duplicate use, the date
a notice was issued pursuant to  paragraph (2) of 
subdivision (b), and any further discoveries by the department of
additional uses of that social security number by more than one user
after a notice was issued. That list shall be updated every six
months.
   (d) (1) The department shall submit a report to the Legislature on
or before January 1, 2018, and on or before January 1 each year
thereafter that contains the information in the record described in
subdivision (c), except that social security numbers shall be
redacted.
   (2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.