Amended in Assembly April 10, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 555


Introduced by Assembly Member Salas

February 20, 2013


begin deleteAn act to amend Section 35 of the Business and Professions Code, relating to professions and vocations. end deletebegin insertAn act to amend Section 1798.85 of the Civil Code, relating to privacy.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 555, as amended, Salas. begin deleteProfessions and vocations: military and veterans. end deletebegin insertSocial security numbers.end insert

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Existing law prohibits a person or entity, with specified exceptions, from publicly posting or displaying an individual’s social security number or doing certain other acts that might compromise the security of an individual’s social security number, unless otherwise required by federal or state law.

end insert
begin insert

This bill would declare that those provisions do not prevent an adult state correctional facility, an adult city jail, or an adult county jail, from releasing an inmate’s social security number, upon request by the county veterans service officer or the United States Department of Veterans Affairs, for the purposes of determining the inmate’s status as a military veteran and his or her eligibility for federal, state, or local veterans’ benefits or services.

end insert
begin delete

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law requires these boards to adopt rules and regulations to provide for methods of evaluating education, training, and experience obtained in the armed services, if applicable to the requirements of the business, occupation, or profession regulated, and to specify how this education, training, and experience may be used to meet the licensure requirements for the particular business, occupation, or profession regulated.

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This bill would require a board to consider any relevant training an applicant for a license received while serving in the armed services of the United States for purposes of satisfying the requirements for a license, if applicable to the requirements for the particular business, occupation, or profession regulated by the board. This bill would also authorize a board to consult with the Department of Veterans Affairs and the Military Department when evaluating whether training acquired during service in the armed services of the United States is applicable to requirements for the license an applicant seeks.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1798.85 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

1798.85.  

(a) Except as provided in this section, a person or
4entity may not do any of the following:

5(1) Publicly post or publicly display in any manner an
6individual’s social security number. “Publicly post” or “publicly
7display” means to intentionally communicate or otherwise make
8available to the general public.

9(2) Print an individual’s social security number on any card
10required for the individual to access products or services provided
11by the person or entity.

12(3) Require an individual to transmit his or her social security
13number over the Internet, unless the connection is secure or the
14social security number is encrypted.

15(4) Require an individual to use his or her social security number
16to access an Internet Web site, unless a password or unique
17personal identification number or other authentication device is
18also required to access the Internet Web site.

19(5) Print an individual’s social security number on any materials
20that are mailed to the individual, unless state or federal law requires
P3    1the social security number to be on the document to be mailed.
2Notwithstanding this paragraph, social security numbers may be
3included in applications and forms sent by mail, including
4documents sent as part of an application or enrollment process, or
5to establish, amend or terminate an account, contract or policy, or
6to confirm the accuracy of the social security number. A social
7security number that is permitted to be mailed under this section
8may not be printed, in whole or in part, on a postcard or other
9mailer not requiring an envelope, or visible on the envelope or
10without the envelope having been opened.

11(b) This section does not prevent the collection, use, or release
12of a social security number as required by state or federal law or
13the use of a social security number for internal verification or
14administrative purposes.

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15(c) This section does not prevent an adult state correctional
16facility, an adult city jail, or an adult county jail from releasing
17an inmate’s social security number, upon request by the county
18veterans service officer or the United States Department of
19Veterans Affairs, for the purposes of determining the inmate’s
20status as a military veteran and his or her eligibility for federal,
21state, or local veterans’ benefits or services.

end insert
begin delete

22 (c)

end delete

23begin insert (d)end insert This section does not apply to documents that are recorded
24or required to be open to the public pursuant to Chapter 3.5
25(commencing with Section 6250), Chapter 14 (commencing with
26Section 7150) or Chapter 14.5 (commencing with Section 7220)
27of Division 7 of Title 1 of, Article 9 (commencing with Section
2811120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, or Chapter
299 (commencing with Section 54950) of Part 1 of Division 2 of
30Title 5 of, the Government Code. This section does not apply to
31records that are required by statute, case law, or California Rule
32of Court, to be made available to the public by entities provided
33for in Article VI of the California Constitution.

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34 (d)

end delete

35begin insert (e)end insert (1) In the case of a health care service plan, a provider of
36health care, an insurer or a pharmacy benefits manager, a contractor
37as defined in Section 56.05, or the provision by any person or
38entity of administrative or other services relative to health care or
39insurance products or services, including third-party administration
P4    1or administrative services only, this section shall become operative
2in the following manner:

3(A) On or before January 1, 2003, the entities listed in paragraph
4(1) shall comply with paragraphs (1), (3), (4), and (5) of subdivision
5(a) as these requirements pertain to individual policyholders or
6individual contractholders.

7(B) On or before January 1, 2004, the entities listed in paragraph
8(1) shall comply with paragraphs (1) to (5), inclusive, of
9subdivision (a) as these requirements pertain to new individual
10policyholders or new individual contractholders and new groups,
11including new groups administered or issued on or after January
121, 2004.

13(C) On or before July 1, 2004, the entities listed in paragraph
14(1) shall comply with paragraphs (1) to (5), inclusive, of
15subdivision (a) for all individual policyholders and individual
16contractholders, for all groups, and for all enrollees of the Healthy
17Families and Medi-Cal programs, except that for individual
18policyholders, individual contractholders and groups in existence
19prior to January 1, 2004, the entities listed in paragraph (1) shall
20comply upon the renewal date of the policy, contract, or group on
21or after July 1, 2004, but no later than July 1, 2005.

22(2) A health care service plan, a provider of health care, an
23insurer or a pharmacy benefits manager, a contractor, or another
24person or entity as described in paragraph (1) shall make reasonable
25efforts to cooperate, through systems testing and other means, to
26ensure that the requirements of this article are implemented on or
27before the dates specified in this section.

28(3) Notwithstanding paragraph (2), the Director of the
29Department of Managed Health Care, pursuant to the authority
30granted under Section 1346 of the Health and Safety Code, or the
31Insurance Commissioner, pursuant to the authority granted under
32Section 12921 of the Insurance Code, and upon a determination
33of good cause, may grant extensions not to exceed six months for
34compliance by health care service plans and insurers with the
35requirements of this section when requested by the health care
36service plan or insurer. Any extension granted shall apply to the
37health care service plan or insurer’s affected providers, pharmacy
38benefits manager, and contractors.

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39 (e)

end delete

P5    1begin insert (f)end insert If a federal law takes effect requiring the United States
2Department of Health and Human Services to establish a national
3unique patient health identifier program, a provider of health care,
4a health care service plan, a licensed health care professional, or
5a contractor, as those terms are defined in Section 56.05, that
6complies with the federal law shall be deemed in compliance with
7this section.

begin delete

8 (f)

end delete

9begin insert (g)end insert A person or entity may not encode or embed a social
10security number in or on a card or document, including, but not
11limited to, using a barcode, chip, magnetic strip, or other
12technology, in place of removing the social security number, as
13required by this section.

begin delete

14 (g)

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15begin insert (h)end insert This section shall become operative, with respect to the
16University of California, in the following manner:

17(1) On or before January 1, 2004, the University of California
18shall comply with paragraphs (1), (2), and (3) of subdivision (a).

19(2) On or before January 1, 2005, the University of California
20shall comply with paragraphs (4) and (5) of subdivision (a).

begin delete

21 (h)

end delete

22begin insert (i)end insert This section shall become operative with respect to the
23Franchise Tax Board on January 1, 2007.

begin delete

24 (i)

end delete

25begin insert (j)end insert This section shall become operative with respect to the
26California community college districts on January 1, 2007.

begin delete

27 (j)

end delete

28begin insert (k)end insert This section shall become operative with respect to the
29California State University system on July 1, 2005.

begin delete

30 (k)

end delete

31begin insert (end insertbegin insertlend insertbegin insert)end insert This section shall become operative, with respect to the
32California Student Aid Commission and its auxiliary organization,
33in the following manner:

34(1) On or before January 1, 2004, the commission and its
35auxiliary organization shall comply with paragraphs (1), (2), and
36(3) of subdivision (a).

37(2) On or before January 1, 2005, the commission and its
38auxiliary organization shall comply with paragraphs (4) and (5)
39of subdivision (a).

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P6    1

SECTION 1.  

Section 35 of the Business and Professions Code
2 is amended to read:

3

35.  

(a) It is the policy of this state that, consistent with the
4provision of high-quality services, persons with skills, knowledge,
5and experience obtained in the armed services of the United States
6should be permitted to apply this learning and contribute to the
7employment needs of the state at the maximum level of
8responsibility and skill for which they are qualified. To this end,
9rules and regulations of boards provided for in this code shall
10provide for methods of evaluating education, training, and
11experience obtained in the armed services, if applicable to the
12requirements of the business, occupation, or profession regulated.
13These rules and regulations shall also specify how this education,
14training, and experience may be used to meet the licensure
15requirements for the particular business, occupation, or profession
16regulated. Each board shall consult with the Department of
17Veterans Affairs and the Military Department before adopting
18these rules and regulations. Each board shall perform the duties
19required by this section within existing budgetary resources of the
20agency within which the board operates.

21(b) A board provided for in this code shall consider, and may
22accept, any relevant training an applicant for a license received
23while serving in the armed services of the United States for
24purposes of satisfying the requirements for a license, if applicable
25to the requirements for the particular business, occupation, or
26profession regulated by the board. A board may consult with the
27Department of Veterans Affairs and the Military Department when
28evaluating whether training acquired during service in the armed
29services of the United States is applicable to requirements for the
30license an applicant seeks.

end delete


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