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SB-1409 Employment Development Department: administration: social security numbers: report. (2015-2016)

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SB1409:v98#DOCUMENT

Amended  IN  Senate  March 28, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 1409


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   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.