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



Current Version: 09/25/20 - Chaptered Compare Versions information image


SECTION 1.

 Section 11019.7 of the Government Code is amended to read:

11019.7.
 (a) A state agency shall not send 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.
(b) (1) Notwithstanding 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 social security number unless the number is truncated to its last four digits, except in the following circumstances:
(A) Federal law requires inclusion of the social security number.
(B) The documents are mailed to a current or prospective state employee.
(C) An individual erroneously mailed a document containing a social security number to a state agency, and the state agency is returning the original document by certified or registered United States mail.
(D) The Controller is returning documents to an individual previously submitted by the individual pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(E) The document is sent in response to a valid request for access to personal information, pursuant to Section 1798.34 of the Civil Code.
(2) (A) On or before September 1, 2021, each state agency that mails an individual’s full or truncated part of a social security number to that individual, other than as permitted by paragraph (1), shall report to the Legislature regarding when and why it does so.
(B) A state agency that, in its own estimation, is unable to comply with the requirements of paragraph (1) of this subdivision shall submit an annual corrective action plan to the Legislature until it is in compliance with that paragraph.
(C) A report required by subparagraph (A) of this paragraph or corrective action plan required by subparagraph (B) of this paragraph and communications made in connection with these documents that bear on what mailings do and do not contain an individual’s social security number, are confidential and shall not be disclosed to the public pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(3) (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.
SEC. 2.
 The Legislature finds and declares that Section 1 of this act, which amends Section 11019.7 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
By preventing public disclosure of the reports and corrective action plans of state entities that mail social security numbers to individuals, as well as communications related to these documents, this act limits the ability of identity thieves to target mail for theft and so promotes public safety.

SECTION 1.

 Section 11753.1 of the Insurance Code is amended to read:

11753.1.
 (a) A person aggrieved by a decision, action, or omission to act of a rating organization may request that the rating organization reconsider the decision, action, or omission. If the request for reconsideration is rejected or is not acted upon within 45 days by the rating organization, the person requesting reconsideration may, within a reasonable time, appeal from the decision, action, or omission of the rating organization. The appeal shall be made to the commissioner by filing a written complaint and request for a hearing specifying the grounds relied upon. If the commissioner has information on the subject appealed from and believes that probable cause for the appeal does not exist or that the appeal is not made in good faith, the commissioner may deny the appeal without a hearing. The commissioner shall otherwise hold a hearing to consider and determine the matter presented by the appeal.
(b) An insurer adopting a change in the classification assignment of an employer that results in an increased premium shall notify the employer in writing, or if the insurance was transacted through an insurance agent or broker, the insurer shall notify the agent or broker who shall notify the employer in writing of the change and the reasons for the change. An employer receiving this notice shall have the right to request reconsideration and appeal the reclassification pursuant to this section. The notice required by this section shall inform the employer of the employer’s rights pursuant to this section. A notification shall not be required if the change is a result of a regulation adopted by the Department of Insurance or other action by or under the authority of the commissioner.
An insurer shall provide written notification of the revised classification assignment to an employer within 30 days after adoption.

SEC. 2.

 Section 5814.1 of the Labor Code is amended to read:

5814.1.
 If the payment of compensation has been unreasonably delayed or refused before the issuance of an award, and the director has provided discretionary compensation pursuant to Section 4903.3, the appeals board shall award to the director a penalty to be paid by the employer in an amount not to exceed 10 percent of the compensation provided by the director, that penalty to be in addition to the penalty imposed by Section 5814. The question of delay and the reasonableness of the cause therefor shall be determined by the appeals board in accordance with the facts.