BILL ANALYSIS
AB 46
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Date of Hearing: April 9, 2003
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Darrell Steinberg, Chair
AB 46 (Simitian) - As Amended: March 19, 2003
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Prohibits a college or university from using a student's
social security number as a public identifier, but allows a
college or university to use a student's social security
number with third parties when that use is authorized by the
student.
2)Allows a college or university to develop a personal
identifier system for grading and administrative purposes that
is not based on a student's social security number.
3)Prohibits an employer from requiring an employee to use his or
her social security number in a way that makes the social
security number available in a public manner or to
unauthorized third parties.
4)Provides a one-year sentence enhancement for any person who
commits identity theft against a minor and knew or reasonably
should have known he/she was using the personal identifying
information of a minor.
FISCAL EFFECT
1)Annual GF costs - in excess of $200,000 - for increased state
prison commitments. In 2000-01, 192 persons were committed to
state prison for the identity theft offenses referenced in
this bill. If 5% of these crimes were against persons under
the age of 18, and resulted in a one-year sentence
enhancement, with full sentence credits, annual costs would be
AB 46
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about $125,000.
2)State GF costs, potentially in the hundreds of thousands of
dollars to the extent state agencies need to change identifier
practices to comply with this measure.
3)Absorbable GF costs to UC, CSU and the community colleges to
change student identifiers.
COMMENTS
1)Rationale . According to the author, frequent and public use of
social security numbers makes them particularly vulnerable to
theft. Restricting the public display of social security
numbers, which are key financial identifiers, can help protect
students and employees from identity theft.
"This bill prevents California universities and colleges from
using students' social security numbers as their student
identifiers. This bill also prohibits California employers
from using employees' social security numbers for any purposes
other than submitting or receiving tax information."
2)College and University representatives are continuing to work
with the author on language to assure that identifier
compliance without using social security numbers can be
achieved at minimal cost.
3)Current law generally makes identity theft punishable as an
alternate felony/misdemeanor, up to 1 year in county jail, or
16 months, 2, or 3 years in state prison. If the offense
involves an elder or dependant adult, the felony penalty is
increased to 2, 3, or 4 years if the value of the theft
exceeds $400.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081