BILL ANALYSIS Ó
AB 555
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Date of Hearing: May 7, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 555 (Salas) - As Amended: April 30, 2013
SUBJECT : Social Security Numbers: Inmates: Veterans
Key ISSUE : Should a jail or prison facility be permitted to
release an inmate's social security number to a designated
official for the purpose of determining the inmate's status as a
military veteran and his or her eligibility for benefits, so
long as the inmate consents to the release?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
Existing law generally prohibits a person or entity from
publicly posting, displaying, mailing, or otherwise
intentionally communicating an individual's social security
number to the general public. Other laws require redacting
social security numbers, or some portion thereof, from public
records. Existing law also creates a number of reasonable
exemptions to this general rule, including those instances in
which the collection, use, or release of a social security
number is required by state or federal law or is necessary for
internal verification or administrative purposes. This bill,
consistent with other exemptions for verification or
administrative purposes, would authorize a prison or jail to
release an inmate's social security number to a county veterans
service officer or the United States Department of Veteran's
Affairs, but only (1) with the consent of the inmate and (2) for
the purpose of determining the inmate's status as a military
veteran and his or her eligibility for veterans' benefits or
services. This bill is sponsored by the California Association
of County Veterans Service Officers supported by several
veterans' organizations. There is no known opposition to this
bill.
SUMMARY : Permits an adult correctional facility, an adult city
jail, or an adult county jail to release an inmate's social
security number, with the inmate's consent and upon request by
the county veterans service officer or the United States
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Department of Veterans Affairs, for the purpose of determining
the inmate's status as a military veteran and his or her
eligibility for federal, state, or local veterans' benefits of
services.
EXISTING LAW :
1)Prohibits a person or entity from publicly posting or publicly
displaying a person's social security number (SSN). Defines
"publicly post" or "publicly display" to mean intentionally
communicating or otherwise making available to the general
public. (Civil Code Section 1798.85 (a) (1).)
2)Prohibits a person or entity from doing certain things that
might compromise an individual's SSN, including printing a SSN
on any card required to access goods or services; requiring a
person to transmit a SSN over the Internet without a secure
connection or encryption; requiring a person to use his or her
SSN to access an Internet website, except as specified; or
printing an individual's SSN on any materials that are mailed
to the individual, unless the SSN is required to be on the
mailed document by state or federal law. (Civil Code Section
1798.85 (a) (2)-(5).)
3)Specifies that the above provisions do not prevent the
collection, use, or release of a SSN as required by state or
federal law, or the use of a SSN for internal verification or
administrative purpose, and also that the above provisions do
not apply to documents that are required to be open to the
public pursuant to the Public Records Act. (Civil Code
Section 1798.85 (b)-(c).)
4)Requires the Department of Corrections and Rehabilitation to
develop guidance policies relative to the release of veterans
who are inmates, including policies designed to assist
veterans who are inmates in pursuing claims for federal
veterans' benefits, or in establishing rights to any other
privilege, preference, care, or compensation provided under
federal or state law because of honorable service in the
military. In developing the policies, the department may
coordinate with the Department of Veterans Affairs and the
county veterans' service officer or veterans' service
organizations. (Military and Veterans Code Section 1840.)
5)Authorizes the board of supervisors of each county to appoint
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a county veterans' service officer to administer any veterans'
aid or programs provided by the state, to investigate all
claims, applications, or requests for aid made pursuant to
state law, and to perform any other veteran related services
as requested by the county board of supervisors. (Military
and Veterans Code Section 970.)
COMMENTS : Existing law generally prohibits a person or entity
from publicly posting, displaying, mailing, or otherwise
intentionally communicating an individual's social security
number (SSN) to the general public. Other state laws require
redacting the SSN, or some portion thereof, from public records.
Existing law also creates a number of reasonable exemptions to
these general prohibitions, including when the SSN is needed for
certain administrative purposes or when the SSN is required to
be on a mailed form as a matter of state or federal law. Of
particular relevance to this bill, existing law also permits the
use of the SSN "for internal verification or administrative
purposes." (Civil Code Section 1798.85 (b).) At first blush a
broad reading of this language might appear to authorize the
release of the SSN for the purpose of verifying an inmate's
status as a military veteran; however, this existing language
only authorizes the use of the SSN for purposes of "internal"
verification and administration. Thus it does not appear under
existing law that a prison or jail could release or disclose a
SSN, externally, to a county veterans' service officer or the
United States Department of Veterans Affairs. This bill would
expressly authorize a state adult correctional facility, or an
adult city or county jail, to release an inmate's SSN, with the
inmate's consent, to a county veterans' service officer or the
U.S. Department of Veterans Affairs for the limited purpose of
determining an inmate's military veteran status and his or her
eligibility for federal, state, or local veterans' benefits or
services.
Existing state law authorizes each county to appoint a "county
veterans' service officer" to administer any state benefits or
service programs for veterans, and allocates operational funds
to any county that appoints an officer. In addition, existing
law requires the Department of Corrections and Rehabilitation to
develop policies to assist inmates who are veterans in obtaining
any government benefits, services, or rights to which they are
entitled by virtue of having served honorably in the United
States armed forces. In developing these policies, the
Department of Corrections and Rehabilitation is authorized to
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work cooperatively with the county veterans' service officer and
the U.S. Department of Veterans Affairs. This bill seems fully
consistent with those existing law provisions. It appropriately
limits the release of the SSN where the inmate has consented to
the release and where a request has been made by either the
designated county veterans' services officer or the U.S.
Department of Veterans Affairs for the limited purpose of
determining the inmate's status as a veteran and his or her
eligibility for veterans' benefits or services. Finally, it
should be noted that this bill does not provide inmates or
veterans with any new benefits or services; it is simply
intended to help identify veterans who are incarcerated so that
they may obtain any benefits that their military service has
already bestowed upon them.
ARGUMENTS IN SUPPORT : Several veterans' organization, including
state chapters of the American Legion, VFW, and AMVETS, and the
California Association of County Veterans Service Officers,
support this bill because it will "make it easier for inmates,
that are military veterans, who are incarcerated in California
to be identified and to receive the veterans' benefits and
services for which they are already entitled."
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of County Veterans Service Officers
(sponsor)
American Legion - Department of California
AMVETS - Department of California
California State Commanders Veterans Council
Office of the Sheriff of Kings County
VFW- Department of California
Vietnam Veterans of America - California State Council
Two individuals
Opposition
None on file
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334
AB 555
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