BILL ANALYSIS AB 46 Page 1 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 Page 2 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