BILL ANALYSIS �
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THIRD READING
Bill No: AB 908
Author: Bonilla (D)
Amended: 6/13/13 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 5-0, 6/12/13
AYES: Monning, Wyland, Leno, Padilla, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote
SUBJECT : Unemployment insurance: use of information
SOURCE : California Peace Officers Association
DIGEST : This bill allows the Employment Development
Department (EDD) to share information, with peace officers
employed by the Department of Motor Vehicles (DMV)
Investigations Division in order to assist identity theft
investigations, counterfeiting, document fraud or consumer
fraud.
ANALYSIS : Existing law vests the EDD with the responsibility
of ensuring employers remit appropriate Unemployment Insurance
(UI) contributions and to collect the employee wage deductions
to the Disability Fund. EDD uses these funds to finance the UI
and Disability Insurance (DI) Programs.
Existing law also authorizes EDD to collect personal income
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AB 908
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taxes required to be withheld by employers.
Existing law requires that EDD collects appropriate data in
order to carry out the responsibilities listed above. This
information includes the employer's name and address, the number
and contact information of employees employed by an employer,
the wages paid to those employees, and any independent
contractors that have performed services for an employer.
Existing law requires that, unless specifically provided, the
information obtained in the administration of the UI Program and
DI program are confidential and must be used for the exclusive
use and information of the director of EDD in discharge of
his/her duties. Any person violating the confidentiality of
this information is guilty of a misdemeanor.
Existing law specifically provides that EDD may share with any
law enforcement agency the name, address, telephone number,
birth date, social security number, physical description, and
names and addresses of present and past employers, of any
victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued when:
1. A request for this information is made by any investigator or
peace officer; and
2. The investigator or peace officer is investigating a specific
felonious crime.
Information cannot be shared if doing so violates federal law or
regulations.
This bill allows EDD to share information with a designated
peace officer employed by the DMV Investigations Division if:
1. The request is in the course of, and as part of, an
investigation into identity theft, counterfeiting, document
fraud, or consumer fraud.
2. There is reasonable suspicion that the information requested
is relevant to the investigation and may lead to other
information regarding the identity theft, counterfeiting,
document fraud, or consumer fraud.
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Comments
The author's office notes that, identity theft and criminal
activity associated with it using the California driver license
or identification card has been a long-term and growing problem
facing the state and the public. Identity theft costs American
businesses and consumers a reported $50 billion a year, causing
untold difficulties for an estimated 10 million U.S. victims
annually. The author's office believes that this bill assists
the DMV in their investigations of identity theft and
counterfeiting.
Prior Legislation
SB 691 (Lieu, Statutes of 2012, Chapter 832) permits EDD to
share employment data and information with the Contractors'
State License Board for the purposes of aiding any specific
workers' compensation fraud investigation and the Agricultural
Labor Relations Board for the enforcement of the Agricultural
Labor Relations Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/1/13)
California Peace Officers Association (source)
California Statewide Law Enforcement Association
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
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PQ:d 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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