BILL ANALYSIS Ó
AB 908
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Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON INSURANCE
Henry T. Perea, Chair
AB 908 (Bonilla) - As Introduced: February 22, 2013
SUBJECT : Employment Development Department (EDD): Information
Sharing
SUMMARY : Permits EDD to share information with the Department
of Motor Vehicles (DMV). Specifically, this bill :
1)Permits EDD to share information with peace officers employed
by the DMV Investigations Division.
2)Requires that any request for EDD information be made by a
peace officer designated by the Chief of the DMV
Investigations Division.
3)Requires that DMV only request information from EDD as part of
an investigation into identity theft, counterfeiting, document
fraud, or consumer fraud and that there is a reasonable
suspicion that the information requested is relevant to the
investigation.
EXISTING LAW :
1)Requires EDD to share information with a number other
government agencies to:
a) Aid in determining an individual's eligibility for
government benefits.
b) Gather information needed for research purposes.
c) Assist the investigations conducted by these
agencies.
2)Requires agencies to reimburse EDD for the cost of sharing the
information.
FISCAL EFFECT : Unknown.
COMMENTS :
AB 908
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1)Purpose . According to the author, identity theft and criminal
activity associated with it using California driver license or
identification cards has been a long-term and growing problem.
Identify theft costs American businesses and consumers a
reported $50 billion a year, causing untold difficulties for
an estimated 10 million U.S. victims every year. It is
critical that DMV utilize every investigative tool available
in its efforts to investigate crimes associated with identity
theft, counterfeiting, and document or consumer fraud. When
DMV is unable to use the best resources available to protect
the validity of its driver license and vehicle registration
records, DMV not only places its database in jeopardy, but the
databases and security of all other agencies relying upon it.
2)Legislative History . A number of similar bills have been
enacted in recent years. For example:
a) 2012 -- AB 174 (Monning) -- Allowed the State Department
of Health Care Services, the California Health Benefit
Exchange, the Managed Risk Medical Insurance Board, and
county departments and agencies access to EDD records.
b) 2012 -- SB 691 (Lieu) -- Allowed the Contractors' State
License Board and the Agricultural Labor Relations Board
access to EDD records.
c) 2008 -- AB 1844 (Hernández) -- Implemented various
recommendations made by the Governors Public Employee
Post-Employment Benefits Commission, allowing PERS access
to EDD records to seek criminal, civil, or administrative
remedies in connection with the unlawful application for,
or receipt of, benefits.
d) 2007 -- SB 869 (Ridley-Thomas) -- Allowed the Labor
Commissioner's Office access to EDD records to go after
employers who failed to obtain workers' compensation
insurance.
e) 2007 -- AB 798 (Committee on Insurance) -- Authorized
the Chancellor of the California Community Colleges to
obtain data from the EDD on community college students.
REGISTERED SUPPORT / OPPOSITION :
AB 908
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Support
California Statewide Law Enforcement Association
Opposition
None received
Analysis Prepared by : Paul Riches / INS. / (916) 319-2086