BILL NUMBER: AB 1324 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 14, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Bass
FEBRUARY 27, 2009
An act to amend Section 10618.6 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1324, as amended, Bass. Foster youth: identity theft.
Under existing law, a county welfare department is required to
request a consumer disclosure, pursuant to federal law, on behalf of
a youth in a foster care placement in the county, when the youth
reaches his or her 16th birthday, in order to ascertain whether the
youth has been the victim of identity theft. If the consumer
disclosure reveals any negative items, or evidence that identity
theft has occurred, existing law requires the county welfare
department to refer the youth to an approved organization that
provides services to victims of identity theft. Existing law requires
the department to develop a list of approved organizations for this
purpose, in consultation with the County Welfare Directors
Association and others.
This bill would revise the above provisions, to require the county
welfare department to ascertain whether identity theft may have
occurred under the described circumstances. The bill would require
the youth to be referred to a government or nonprofit organization
that provides information and assistance to victims of identity
theft, rather than to an approved counseling organization. It
would require the department to consult with the Office of
Information Security and Privacy Protection, in addition to the other
specified entities, in developing the list of government or
nonprofit organizations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10618.6 of the Welfare and Institutions Code is
amended to read:
10618.6. When a youth in a foster care placement reaches his or
her 16th birthday, the county welfare department shall request a
consumer disclosure, from the three national credit reporting
agencies, pursuant to the free annual disclosure provision of
the federal Fair Credit Reporting Act, on the youth's behalf,
notwithstanding any other provision of law, to ascertain whether or
not identity theft may have occurred. If a consumer disclosure for
the youth exists, and if the consumer disclosure reveals any negative
items, or any evidence that some form of identity theft may have
occurred, the county welfare department shall refer the youth to a
governmental or nonprofit organization that provides information and
assistance to victims of identity theft. The State Department of
Social Services, in consultation with the County Welfare Directors
Association, the Office of Information Security and Privacy
Protection, consumer credit reporting agencies, and other
relevant stakeholders, shall develop a list of organizations to which
youth may be referred for assistance in responding to an instance of
suspected identity theft. Nothing in this section shall be construed
to require the county welfare department to request more than one
consumer disclosure on behalf of a youth in care, or to take steps
beyond referring the youth to an organization.