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AB-499 Personal information: social security numbers: state agencies.(2019-2020)

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Date Published: 01/15/2020 09:00 PM
AB499:v97#DOCUMENT

Amended  IN  Assembly  January 15, 2020
Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 499


Introduced by Assembly Member Mayes

February 13, 2019


An act to amend Section 11019.7 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 499, as amended, Mayes. Personal information: social security numbers: state agencies.
Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individual’s social security number, telephone number, driver’s license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.
This bill would prohibit a state agency from sending any outgoing mail that contains an individual’s full social security number unless, under the particular circumstances, federal law requires inclusion of the full social security number. The bill would require each state agency, on or before September 1, 2020, 2021, to report to the Legislature when and why it mails documents that contain individuals’ full social security numbers. The bill would require a state agency that, in its own estimation, is unable to comply with the prohibition to submit an annual corrective action plan to the Legislature until it is in compliance. The bill would require a state agency that is not in compliance with the prohibition to offer to provide appropriate identity theft prevention and mitigation services to any individual, at no cost to the individual, to whom it sent outgoing United States mail that contained the individual’s full social security number, 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.

 Section 11019.7 of the Government Code is amended to read:

11019.7.
 (a) No state agency shall send any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individual’s telephone number, driver’s license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.
(b) (1) Notwithstanding subdivision (a) or any other law, commencing on or before January 1, 2023, a state agency shall not send any outgoing United States mail to an individual that contains the individual’s full social security number unless, under the particular circumstances, federal law requires inclusion of the full social security number.
(2) (A) On or before September 1, 2020, 2021, each state agency shall report to the Legislature when and why it mails documents that contain individuals’ full social security numbers.
(B) A state agency that, in its own estimation, is unable to comply with the requirement of paragraph (1) of this subdivision shall submit an annual corrective action plan to the Legislature until it is in compliance with that paragraph.
(3) A state agency that is not in compliance with paragraph (1) shall offer to provide appropriate identity theft prevention and mitigation services for not less than 12 months to any individual, at no cost to the individual, to whom it sent outgoing United States mail that contained the individual’s full social security number, along with all information necessary to take advantage of the offer.
(4) (A) The requirement for submitting a report imposed under subparagraph (A) of paragraph (2) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(B) A report to be submitted pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(c) “Outgoing United States mail” for the purposes of this section includes correspondence sent via a common carrier, including, but not limited to, a package express service and a courier service.
(d) Notwithstanding subdivision (a) of Section 11000, “state agency” includes the California State University.