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SB-357 Death: notification: consumer credit reporting agencies. (2019-2020)

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Date Published: 03/28/2019 09:00 PM
SB357:v98#DOCUMENT

Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 357


Introduced by Senator Borgeas
(Coauthors: Senators Bates, Nielsen, Stone, and Wilk)
(Coauthors: Assembly Members Mathis and Rodriguez)

February 19, 2019


An act to add Section 102779 to the Health and Safety Code, relating to vital statistics.


LEGISLATIVE COUNSEL'S DIGEST


SB 357, as amended, Borgeas. Death: notification: consumer credit reporting agencies.
Existing law creates the State Department of Public Health and provides that the head of that department is the State Registrar of Vital Statistics. Existing law requires the state registrar to establish registration districts within the state for the purpose of registering births and deaths. Existing law requires that a death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death. Existing law requires the department to implement an electronic death registration system for the creation, storage, and transfer of death registration information. Existing state and federal law define and regulate credit reporting agencies, which provide reports bearing on a consumer’s creditworthiness.
This bill would require the State Department of Public Health, Health to negotiate with a credit reporting agency, as defined, that wishes to receive notices of death from the department. If the department and agency reach a mutually acceptable agreement in this regard, the bill would require the department, within 14 days of a death registration with the electronic death registration system, to provide notice of an individual’s death to the credit reporting agencies that compile and maintain files on consumers on a nationwide basis. agency for the purpose of placing a warning in the decedent’s credit report, as specified. The bill would require the department to furnish the necessary information in its possession to properly identify the individual. The bill would authorize the department to provide the notification in the manner it deems most economical and efficient, including electronically.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 102779 is added to the Health and Safety Code, to read:

102779.
 (a) The department shall negotiate with any consumer reporting agency that wishes to receive notices of death from the department. If the department and the consumer reporting agency reach a mutually acceptable agreement pursuant to which the agency will receive updates from the department, then the department shall provide notification, as described in subdivision (b), within 14 days of a death registration with the electronic death registration system implemented pursuant to Section 102791. 102778.
(b) The department shall provide notice of an individual’s death to credit reporting agencies that compile and maintain files on consumers on a nationwide basis. that have agreed to accept this information for the purpose of placing a warning in the decedent’s credit report and cautioning a user of the credit report against issuing credit in the decedent’s name. The department shall furnish the necessary information in its possession to properly identify the individual. The department may provide the notification in the manner it deems most economical and efficient, including electronically.
(c) For purposes of this section, “consumer reporting agency” means one that compiles and maintains files on consumers on a nationwide basis and meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).