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SB-680 Names.(2019-2020)

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Date Published: 06/05/2019 09:00 PM
SB680:v96#DOCUMENT

Amended  IN  Assembly  June 05, 2019
Amended  IN  Assembly  May 28, 2019
Amended  IN  Senate  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 680


Introduced by Senator Wieckowski

February 22, 2019


An act to amend Sections 1747.81, 1785.14, and 1798.92 of the Civil Code, to amend Section 1355 of the Code of Civil Procedure, to amend Section 180 of the Family Code, to amend Section 964 of the Penal Code, and to amend Section 219.5 of the Welfare and Institutions Code, relating to names.


LEGISLATIVE COUNSEL'S DIGEST


SB 680, as amended, Wieckowski. Names.
Existing law, the Song-Beverly Credit Card Act of 1971, among other things, authorizes a credit card issuer to issue a card to a married woman bearing either her maiden name or her married name as the woman directs and also authorizes a credit card issuer to require a married woman requesting a card bearing her maiden name to open an account in that name.
Existing law, the Consumer Credit Reporting Agencies Act, among other things, prohibits a consumer credit reporting agency from furnishing a consumer credit report to a retail seller who intends to use the report for specified purposes, unless the consumer credit reporting agency matches at least 3 categories of identifying information within the file maintained by the agency on the consumer with the information provided by the agency to the retail seller. Existing law defines “categories of information” for these purposes to not include a mother’s maiden name.
Existing law defines the term “personal identifying information” for purposes of provisions relating to civil identity theft actions to include a mother’s maiden name.
Existing law generally regulates the recovery of unclaimed property by verified petition that must, among other things, state the full name, and the place and date of birth of the decedent whose estate, or any part thereof, is claimed, and the full name of the decedent’s father and maiden name of the decedent’s mother.
Existing law authorizes a county, the district attorney, and the courts, in consultation with a local law enforcement agency, to establish a mutually agreeable procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report. Existing law defines “confidential personal information” for these purposes to include a mother’s maiden name.
Existing law prohibits a ward of the juvenile court or of the Department of Youth Authority from being employed to perform a function that provides access to personal information of private individuals. Existing law defines “personal information” for these purposes to include a mother’s maiden name.
This bill would modify those provisions to replace the terms “maiden name” with “last name before marriage,” “mother’s maiden name” with “parent’s last name before marriage,” “full name of the decedent’s father and maiden name of the decedent’s mother” with “name of each of the decedent’s parents and the last name before first marriage of each of the decedent’s parents,” and “woman” with “person.”
The bill would also make nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1747.81 of the Civil Code is amended to read:

1747.81.
 (a) If a card issuer has determined in the normal course of business that it will issue a card to a married person, the card shall be issued bearing the legal name before marriage, last name before first marriage, or married name of the person, as the person may direct.
(b) A card issuer may require a married person requesting a card bearing the person’s legal name before first marriage or last name before first marriage to open a new account in that name.

SEC. 2.

 Section 1785.14 of the Civil Code is amended to read:

1785.14.
 (a) A consumer credit reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1785.13 and to limit furnishing of consumer credit reports to the purposes listed under Section 1785.11. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purposes. From the effective date of this act, the consumer credit reporting agency shall keep a record of the purposes as stated by the user. A consumer credit reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user a consumer report. A consumer credit reporting agency shall not furnish a consumer credit report to a person unless the consumer credit reporting agency has reasonable grounds for believing that the consumer credit report will be used by the person for the purposes listed in Section 1785.11. A consumer credit reporting agency does not have reasonable grounds for believing that a consumer credit report will be used by the person for the purposes listed in Section 1785.11 unless all of the following requirements are met:
(1) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the consumer credit reporting agency shall, with a reasonable degree of certainty, match at least three categories of identifying information within the file maintained by the consumer credit reporting agency on the consumer with the information provided to the consumer credit reporting agency by the retail seller. The categories of identifying information may include, but are not limited to, first and last name, month and date of birth, driver’s license number, place of employment, current residence address, previous residence address, or social security number. The categories of information shall not include a parent’s last name before first marriage.
(2) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the retail seller certifies, in writing, to the consumer credit reporting agency that it instructs its employees and agents to inspect a photo identification of the consumer at the time the application was submitted in person. This paragraph does not apply to an application for credit submitted by mail.
(3) If the prospective user intends to extend credit by mail pursuant to a solicitation by mail, the extension of credit shall be mailed to the same address as on the solicitation unless the prospective user verifies an address change by, among other methods, contacting the person to whom the extension of credit will be mailed.
(b) Whenever a consumer credit reporting agency prepares a consumer credit report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. These reasonable procedures shall include, but not be limited to, permanent retention by the consumer credit reporting agency in the consumer’s file, or a separately individualized file, of that portion of the data in the file that is used by the consumer credit reporting agency to identify the individual consumer pursuant to paragraph (1) of subdivision (a). This permanently retained data shall be available for use in either a reinvestigation pursuant to subdivision (a) of Section 1785.16, an investigation where the consumer has filed a police report pursuant to subdivision (k) of Section 1785.16, or a restoration of a file involving the consumer. If the permanently retained identifying information is retained in a consumer’s file, it shall be clearly identified in the file in order for an individual who reviews the file to easily distinguish between the permanently stored identifying information and other identifying information that may be a part of the file. This retention requirement shall not apply to data that is reported in error, that is obsolete, or that is found to be inaccurate through the results of a reinvestigation initiated by a consumer pursuant to subdivision (a) of Section 1785.16.
(c) A consumer credit reporting agency shall not prohibit a user of a consumer credit report furnished by the consumer credit reporting agency from disclosing the contents of the consumer credit report to the consumer who is the subject of the report if adverse action may be taken by the user based in whole or in part on the consumer credit report. The act of disclosure to the consumer by the user of the contents of a consumer credit report shall not be a basis for liability of the consumer credit reporting agency or the user under Section 1785.31.
(d) A consumer credit reporting agency shall provide a written notice to any person who regularly and in the ordinary course of business supplies information to the consumer credit reporting agency concerning any consumer or to whom a consumer credit report is provided by the consumer credit reporting agency. The notice shall specify the person’s obligations under this title. Copies of the appropriate code sections shall satisfy the requirement of this subdivision.

SEC. 3.

 Section 1798.92 of the Civil Code is amended to read:

1798.92.
 For the purposes of this title:
(a) “Claimant” means a person who has or purports to have a claim for money or an interest in property in connection with a transaction procured through identity theft.
(b) “Identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property.
(c) “Personal identifying information” means a person’s name, address, telephone number, driver’s license number, social security number, place of employment, employee identification number, a parent’s last name before first marriage, demand deposit account number, savings account number, or credit card number.
(d) “Victim of identity theft” means a person who had the person’s personal identifying information used without authorization by another to obtain credit, goods, services, money, or property, and did not use or possess the credit, goods, services, money, or property obtained by the identity theft and filed a police report in this regard pursuant to Section 530.5 of the Penal Code.

SEC. 4.

 Section 1355 of the Code of Civil Procedure is amended to read:

1355.
 Within five years after date of entry of judgment in a proceeding under the provisions of Chapter 5 or within five years after completion of notice by publication in an escheat action taken under the provisions of Section 1415, a person not a party or privy to that proceeding or action, if not otherwise barred, may file a petition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing that person’s claim or right to the money or other property, or the proceeds thereof.
Said petition shall be verified; and, in a proceeding for the recovery by the petitioner as heir, devisee, or legatee, or the successor in interest of an heir, devisee or legatee, of money or other property received by the State from the estate of a decedent under the provisions of Article 1 of Chapter 6, such petition, among other things must state:
The full name and the place and date of birth of the decedent whose estate, or any part thereof, is claimed.
The full name of each of the decedent’s parents and the last name before first marriage of each of the decedent’s parents, the places and dates of their respective births, the place and date of their marriage, the full names of all children the issue of such marriage, with the date of birth of each, and the place and date of death of all children of the marriage who have died unmarried and without issue.
Whether the decedent was ever married, and if so, where, when, and to whom.
How, when, and where the marriage, if any, was dissolved.
Whether the decedent was ever remarried, and, if so, where, when, and to whom.
The full names and the dates and places of birth of all lineal descendants, if any, of said decedent; the dates and places of death of any thereof who died prior to the filing of such petition; and the places of residence of all who are then surviving, with the degree of relationship of each of those survivors to said decedent.
Whether any of the brothers or sisters of the decedent ever married, and, if so, where, when, and to whom.
The full names and the places and dates of birth of all children who are born the issue of the marriage of any brother or sister of the decedent, and the date and place of death of all deceased nephews and nieces of the decedent.
Whether the decedent, if of foreign birth, ever became a naturalized citizen of the United States, and, if so, when, where, and by what court citizenship was conferred.
The post-office names of the cities, towns, or other places, each in its appropriate connection, wherein are preserved the records of the births, marriages, and deaths hereinbefore enumerated, and, if known, the title of the public official or other person having custody of those records.
The nationality of each of the heirs of the decedent.
The street address of each of the heirs of the decedent.
If, for any reason, the petitioner is unable to set forth any of the matters or things hereinbefore required, the petitioner shall clearly state that reason in the petition.
At least 20 days before the hearing of the petition, a copy of the petition and notice of hearing shall be served on the Attorney General and on the Controller, and the Attorney General may answer the same at the Attorney’s General discretion.
If the claim includes a claim to real property or an interest therein, the petitioner shall record in the office of the county recorder of the county in which the real property is situated, a notice of the pendency of the petition containing the object of the action and a description of the property in the county affected thereby. From the time of filing the notice for record only shall a purchaser or encumbrancer of the property be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names.
The court must thereupon try the issue as issues are tried in civil actions; and if it is determined that the person is entitled to the money or other property or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to the person, or if it has been sold and the proceeds thereof paid into the State Treasury, it must order the Controller to draw the Controller’s warrant on the Treasurer for the payment of the same but without interest or cost to the state. A copy of the order, under the seal of the court, shall be a sufficient voucher for drawing the warrant.
All persons who fail to appear and file their petitions within the time limited are forever barred; saving, however, to infants and persons of unsound mind, the right to appear and file their petitions at any time within the time limited or within one year after their respective disabilities cease.

SEC. 5.

 Section 180 of the Family Code is amended to read:

180.
 (a) In an Indian child custody proceeding, notice shall comply with subdivision (b) of this section.
(b) A notice sent under this section shall be sent to the minor’s parent or legal guardian, Indian custodian, if any, and the Indian child’s tribe and shall comply with all of the following requirements:
(1) Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is recommended but not required.
(2) Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service.
(3) Notice shall be sent to all tribes of which the child may be a member or eligible for membership until the court makes a determination as to which tribe is the Indian child’s tribe in accordance with subdivision (d) of Section 170, after which notice need only be sent to the tribe determined to be the Indian child’s tribe.
(4) Notice, to the extent required by federal law, shall be sent to the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs. If the identity or location of the Indian child’s tribe is known, a copy of the notice shall also be sent directly to the Secretary of the Interior unless the Secretary of the Interior has waived that notice in writing, and the person responsible for giving notice under this section has filed proof of the waiver with the court.
(5) In addition to the information specified in other sections of this article, notice shall include all of the following information:
(A) The name, birthdate, and birthplace of the Indian child, if known.
(B) The name of any Indian tribe in which the child is a member or may be eligible for membership, if known.
(C) All names known of the Indian child’s biological parents, grandparents, and great-grandparents, or Indian custodians, including married and former names or aliases, as well as their current and former addresses, birthdates, places of birth and death, tribal enrollment numbers, and any other identifying information, if known.
(D) A copy of the petition by which the proceeding was initiated.
(E) A copy of the child’s birth certificate, if available.
(F) The location, mailing address, and telephone number of the court and all parties notified pursuant to this section.
(G) A statement of the following:
(i) The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding.
(ii) The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court.
(iii) The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding.
(iv)  The potential legal consequences of the proceedings on the future custodial rights of the child’s parents or Indian custodians.
(v) That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(vi)  That the information contained in the notice, petition, pleading, and other court documents is confidential, so a person or entity notified shall maintain the confidentiality of the information contained in the notice concerning the particular proceeding and not reveal it to anyone who does not need the information in order to exercise the tribe’s rights under the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(c) Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing thereafter, including, but not limited to, the hearing at which a final adoption order is to be granted. After a tribe acknowledges that the child is a member or eligible for membership in that tribe, or after the Indian child’s tribe intervenes in a proceeding, the information set out in subparagraphs (C), (D), (E), and (G) of paragraph (5) of subdivision (b) need not be included with the notice.
(d) Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing except as permitted under subdivision (e).
(e) A proceeding shall not be held until at least 10 days after receipt of notice by the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or the tribe shall, upon request, be granted up to 20 additional days to prepare for the proceeding. Nothing herein shall be construed as limiting the rights of the parent, Indian custodian, or tribe to 10 days’ notice if a lengthier notice period is required under this code.
(f) With respect to giving notice to Indian tribes, a party shall be subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child or counsels a party to do so.
(g) The inclusion of contact information of an adult or child that would otherwise be required to be included in the notification pursuant to this section shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking.

SEC. 6.

 Section 964 of the Penal Code is amended to read:

964.
 (a) In each county, the district attorney and the courts, in consultation with any local law enforcement agencies that may desire to provide information or other assistance, shall establish a mutually agreeable procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report if one of these reports is submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant.
(b) For purposes of this section, “confidential personal information” includes, but is not limited to, an address, telephone number, driver’s license or California Identification Card number, social security number, date of birth, place of employment, employee identification number, a parent’s last name before first marriage, demand deposit account number, savings or checking account number, or credit card number.
(c) (1) This section may not be construed to impair or affect the provisions of Chapter 10 (commencing with Section 1054) of Title 6 of Part 2.
(2) This section may not be construed to impair or affect procedures regarding informant disclosure provided by Sections 1040 to 1042, inclusive, of the Evidence Code, or as altering procedures regarding sealed search warrant affidavits as provided by People v. Hobbs (1994) 7 Cal.4th 948.
(3) This section shall not be construed to impair or affect a criminal defense counsel’s access to unredacted reports otherwise authorized by law, or the submission of documents in support of a civil complaint.
(4) This section applies as an exception to California Rule of Court 2.550, as provided by paragraph (2) of subdivision (a) of that rule.

SEC. 7.

 Section 219.5 of the Welfare and Institutions Code is amended to read:

219.5.
 (a) A ward of the juvenile court or Department of the Youth Authority shall not perform any function that provides access to personal information of private individuals, including, but not limited to: addresses; telephone numbers; health insurance, taxpayer, school, or employee identification numbers; a parent’s last name before first marriage; demand deposit account, debit card, credit card, savings or checking account numbers, PINs, or passwords; social security numbers; places of employment; dates of birth; state or government issued driver’s license or identification numbers; alien registration numbers; government passport numbers; unique biometric data, such as fingerprints, facial scan identifiers, voice prints, retina or iris images, or other similar identifiers; unique electronic identification numbers; address or routing codes; and telecommunication identifying information or access devices.
(b) Subdivision (a) shall apply to a person who has been adjudicated to have committed an offense described by any of the following categories:
(1) An offense involving forgery or fraud.
(2) An offense involving misuse of a computer.
(3) An offense for which the person is required to register as a sex offender pursuant to Section 290 of the Penal Code.
(4) An offense involving misuse of the personal or financial information of another person.
(c) If asked, a person who is a ward of the juvenile court or the Department of the Youth Authority who has access to any personal information, shall disclose that the person is a ward of the juvenile court or the Department of the Youth Authority before taking personal information from anyone.
(d) A program involving the taking of personal information over the telephone by a person who is a ward of the juvenile court or the Department of the Youth Authority shall be subject to random monitoring of those telephone calls.
(e) A program involving the taking of personal information by a person who is a ward of the juvenile court or the Department of the Youth Authority shall provide supervision at all times of the ward’s activities.
(f) This section shall not apply to wards in employment programs or public service facilities where incidental contact with personal information may occur.