BILL ANALYSIS Ó
AB 908
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CONCURRENCE IN SENATE AMENDMENTS
AB 908 (Bonilla)
As Amended June 13, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |37-0 |(August 22, |
| | | | | |2013) |
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Original Committee Reference: INS.
SUMMARY : Permits the Employment Development Department (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.
The Senate amendments require that the request for information
must be:
1)Connected to an investigation where there is reasonable
suspicion that the offense is a felony and that the
information would lead to relevant evidence;
2)Consistent with federal law;
3)Available within existing EDD records; and,
4)Filed with the DMV Division of Investigation.
EXISTING LAW :
1)Requires EDD to share information with a number other
AB 908
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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 : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Purpose . According to the author, identity theft and criminal
activity associated with using a 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) AB 174 (Monning), Chapter 815, Statutes of 2012 --
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) SB 691 (Lieu), Chapter 832, Statutes of 2012 -- Allowed
the Contractors' State License Board and the Agricultural
Labor Relations Board access to EDD records.
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c) AB 1844 (Hernandez), Chapter 369, Statutes of 2008 --
Implemented various recommendations made by the Governors
Public Employee Post-Employment Benefits Commission,
allowing Public Employees' Retirement System (PERS) access
to EDD records to seek criminal, civil, or administrative
remedies in connection with the unlawful application for,
or receipt of, benefits.
d) SB 869 (Ridley-Thomas), Chapter 662, Statutes of 2007 --
Allowed the Labor Commissioner's Office access to EDD
records to go after employers who failed to obtain workers'
compensation insurance.
e) AB 798 (Insurance Committee), Chapter 272, Statutes of
2007 -- Authorized the Chancellor of the California
Community Colleges to obtain data from the EDD on community
college students.
Analysis Prepared by : Paul Riches / INS. / (916) 319-2086
FN: 0001463