Amended in Assembly May 23, 2014

Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1792


Introduced by Assembly Member Gomez

February 18, 2014


An act to add Section 13084 to the Government Code,begin delete and to add Section 2110.9 to, and to add Division 11 (commencing with Section 19000) to,end deletebegin insert to amend Section 1095 ofend insert the Unemployment Insurance Code,begin insert and to add Section 11026.5 to the Welfare and Institutions Code,end insert relating to public benefits.

LEGISLATIVE COUNSEL’S DIGEST

AB 1792, as amended, Gomez. Public benefits: reports on employers.

begin delete

Existing law establishes various health programs under which low-income persons are provided health care services. These programs include the Medi-Cal program, which is administered by the State Department of Health Care Services.

end delete
begin insert

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, and under which qualified low-income persons receive health care benefits. The Medi-Cal program is governed, in part, by federal Medicaid provisions.

end insert
begin insert

Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP), under which each county distributes nutrition assistance benefits provided by the federal government to eligible households. In California, federal nutrition assistance benefits are administered through CalFresh. Existing law requires that the eligibility of households be determined to the extent permitted by federal law, and requires the State Department of Social Services to establish a program of categorical eligibility for CalFresh in accordance with federal law.

end insert
begin insert

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds.

end insert

This bill would require thebegin delete Employment Development Department to collaborate with theend delete State Department of Health Carebegin delete Services,end deletebegin insert Services andend insert the State Department of Socialbegin delete Services, and the State Department of Education to identify and compile a list of employers of a beneficiary in this state who is enrolled inend deletebegin insert Services to annually inform the Employment Development Department of the names and social security numbers of all recipients ofend insert the above-described public assistance programs. The bill wouldbegin delete define an employer as an individual or type of organization that employs for wages or salary 25 or more persons to work in this stateend deletebegin insert require these departments to determine the average per individual cost to the state to provide the benefits of each of these public assistance programs and inform the Employment end insertbegin insertDevelopment Department and the Department of Finance of these costsend insert. The bill would requirebegin delete the Employment Development Department to provide this list to the Department of Finance and would requireend delete the Department of Finance to collaborate withbegin insert these departments andend insert the Employment Development Department to determine the total cost to the state of thebegin delete benefitsend deletebegin insert aggregated public assistanceend insert provided to each identified employer’s employees under each public assistance program and the total cost to the state of the aggregated benefits provided to each identified employer’s employees.begin delete The bill would require the Employment Development Department to prepare a report with this information and provide it to the Department of Finance.end deletebegin insert The bill would define an employer as an individual or organization that employs 25 or more beneficiaries of the above-described public assistance programs.end insert

The bill would also require the Department of Finance to, afterbegin delete collaborating withend deletebegin insert obtaining specified information fromend insert the Employment Development Department, annually transmit to the Legislature and post on the department’s Internet Web sitebegin delete theend deletebegin insert aend insert report no later than April 15 of each yearbegin insert that, among other things, identifies employers that employ 25 or more beneficiaries in the stateend insert.

begin delete

The bill would provide that an employer who discharges or discriminates or retaliates against an employee who enrolls in a public assistance program, as defined, or refuses to hire a beneficiary of a public assistance program would be in violation of specified provisions subject to criminal penalty. By creating a new crime, this bill would impose a state-mandated local program.

end delete
begin insert

Under existing law, the information obtained in the administration of the Unemployment Insurance Code is for the exclusive use and information of the Director of Employment Development in the discharge of his or her duties and is not open to the public. However, existing law permits the use of the information for specified purposes, and allows the director to require reimbursement for direct costs incurred. Existing law provides that a person who knowingly accesses, uses, or discloses this confidential information without authorization is guilty of a misdemeanor.

end insert
begin insert

This bill would require the Director of Employment Development to permit the use of specified information in his or her possession by the Department of Finance to prepare and submit the above-described report. By requiring this information to be provided to the Department of Finance for these purposes, this bill would expand the crime of unauthorized access, use, or disclosure of this information, and would impose a state-mandated local program.

end insert
begin insert

This bill would prohibit an employer from discharging or in any manner discriminating or retaliating against an employee who enrolls in a public assistance program and from refusing to hire a beneficiary for reason of being enrolled in a public assistance program.

end insert
begin insert

This bill would prohibit an employer from disclosing to a nongovernmental entity that an employee receives or is applying for public benefits.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

begin insert

3  (1) Public benefit programs are essential to provide Californians
4with access to fresh, healthy food, quality health coverage, basic
5needs, cash assistance, child care, and income supports, among
6other benefits.

end insert
begin insert

7(2) The state needs to preserve and expand public benefit
8programs to ensure that no Californian has to go hungry or forego
9medical care because he or she cannot afford these basic life
10necessities.

end insert
begin delete

11(1)

end delete

12begin insert(3)end insert In 2013, California had the highest number of working poor
13families in the country. More than one-third of the state’s working
14families are low income, making less than 200 percent of the
15federal poverty line.

begin delete

16(2)

end delete

17begin insert(4)end insert When low wages and a lack of benefits leave workers unable
18to make ends meet, they turn to public assistance programs for
19health care,begin delete healthyend delete food, and other basic necessities.

begin delete

20(3)

end delete

21begin insert(5)end insert Employers that pay low wages and offer no benefits shift
22thebegin delete burden of keeping workers out of povertyend deletebegin insert costs of doing
23businessend insert
onto taxpayers.

begin delete

24(4) State public assistance programs are crucial to keeping
25Californians out of deep poverty by providing income supports,
26health care, and food.

end delete
begin delete

27(5) The increase in the numbers of the working poor stretches
28the state safety net to the limit and burdens the state budget,
29programs, and services.

end delete
begin delete

30(6) The Legislature continues to address the issues of a living
31wage and the availability of affordable health coverage while
32developing sound budget and programmatic priorities.

end delete
begin insert

33(6) Large, profitable employers should pay wages and benefits
34that do not impoverish workers or shift costs onto taxpayers.

end insert
begin insert

35(7) Employers that shift the costs of their business expenses
36onto taxpayers put responsible employers at a competitive
37disadvantage, creating an unfair playing field for business in the
38state.

end insert
begin delete

P5    1(7) 

end delete

2begin insert(end insertbegin insert8)end insertbegin insertend insertTo promote a deeper understanding of the causes and sources
3of underemployment, povertybegin delete levelend delete wages, and the economic
4impacts on Californiansbegin insert, businessend insertbegin insert,end insert and the state budget, it is
5appropriate for policymakers to possess a broader set of empirical
6data with which to make informed decisions.

7(b) Therefore, it is the intent of the Legislature to do all of the
8following:

9(1) Produce a report on employers that have employees enrolled
10in public assistance programs and on the cost to the state of
11providing those benefits.

begin delete

12(2) Use the report to analyze those employers that create the
13greatest burden on the state by having the largest numbers of
14workers enrolled in public assistance programs.

end delete
begin insert

15(2) Use the report described in paragraph (1), along with other
16studies related to labor trends, to analyze practices within industry
17sectors detrimental to economic competitiveness in the
18marketplace.

end insert
begin insert

19(3) Ensure that all Californians have access to public benefit
20programs that safeguard their identity and privacy and ensure
21that receipt of public benefits never is the cause of workplace
22discrimination.

end insert
begin delete

23(3)

end delete

24begin insert(4)end insert Develop policies to decrease the number of working poor
25in California by increasing the quality of jobs and employment
26opportunitiesbegin delete for Californiansend deletebegin insert and informed employment and
27training programsend insert
.

begin delete

28(4)

end delete

29begin insert(5)end insert Use the data contained within the report to promote sound
30and reasonable policies to ensure that employers do not shift the
31responsibility for providing health care and basic necessities for
32their workers onto taxpayers through the use of the data contained
33within the report to develop reasonable and sound policies.

begin delete

34(5)

end delete

35begin insert(6)end insert Ensure that no worker is discriminated or retaliated against
36for the reason of being enrolled in a public benefit program.

37

SEC. 2.  

Section 13084 is added to the Government Code, to
38read:

39

13084.  

(a) begin deleteThe end deletebegin insertFor purposes of this section, the following
40definitions shall apply:end insert

begin insert

P6    1(1) “Beneficiary” means an individual who is both of the
2following:

end insert
begin insert

3(A) Enrolled in a public assistance program, unless the
4individual is enrolled by reason of disability or being over 65 years
5of age or is employed in a CalWORKs subsidized private or public
6employment (Chapter 2 (commencing with Section 11200) of Part
73 of Division 9 of the Welfare and Institutions Code).

end insert
begin insert

8(B) Employed by an employer for at least one quarter or three
9months.

end insert
begin insert

10(2) (A) “Employer” means an individual or type of organization
11that employs for wages and salary 25 or more beneficiaries to
12work in this state and includes all of the members of a controlled
13group of corporations as defined in Section 1563(a) of the Internal
14Revenue Code, except that “more than 50 percent” shall be
15substituted for “at least 80 percent” each place it appears in
16Section 1563(a)(1) of the Internal Revenue Code, and the
17determination shall be made without regard to Sections 1563(a)(4)
18and 1563(e)(3)(C) of the Internal Revenue Code.

end insert
begin insert

19(B) “Employer” shall include the state, a city, county, city and
20county, district, or any other governmental employer.

end insert
begin insert

21(3) “Public assistance program” means the Medi-Cal program
22(Chapter 7 (commencing with Section 14000) of Part 3 of Division
239 of the Welfare and Institutions Code), CalFresh (Chapter 10
24(commencing with Section 18900) of Part 6 of Division 9 of the
25Welfare and Institutions Code), and CalWORKs program (Chapter
262 (commencing with Section 11200) of Part 3 of Division 9 of the
27Welfare and Institutions Code).

end insert

28begin insert(b)end insertbegin insertend insertbegin insertTheend insert department shall, afterbegin delete collaborating withend deletebegin insert obtaining the
29information fromend insert
the Employment Development Department
30begin insert described in paragraphs (1) to (end insertbegin insert4), inclusiveend insertbegin insert, and determining the
31total costs to the state pursuant to subdivision (c)end insert
, annually transmit
32to the Legislature and post on the department’s Internet Web site
33no later than April 15 of each year,begin delete the report described in Section
3419001 of the Unemployment Insurance Codeend delete
begin insert a report that identifies
35each employerend insert
. The report shall be submitted to the Legislature
36pursuant to Section 9795.begin insert The report shall include all of the
37following:end insert

begin insert

38(1) The employer’s name.

end insert
begin insert

39(2) The employer’s address, as filed with the Employment
40Development Department.

end insert
begin insert

P7    1(3) The total number of beneficiaries each employer employs.

end insert
begin insert

2(4) The percentage of the employer’s total workforce in the state
3that are beneficiaries.

end insert
begin insert

4(5) The total cost to the state of the aggregated benefits provided
5to an identified employer’s employees who are beneficiaries under
6each public assistance program.

end insert
begin insert

7(6) The total cost to the state of the aggregated benefits provided
8to each identified employer’s employees who are beneficiaries.

end insert
begin insert

9(c) The department, in collaboration with the Employment
10Development Department, State Department of Health Care
11Services and the State Department of Social Services, shall
12determine the total costs to the state described in paragraphs (5)
13and (6) of subdivision (b).

end insert
begin insert

14(d) (1) The report, and any list provided to the department,
15shall not include the name or identifying information of an
16individual beneficiary.

end insert
begin delete

17(b)

end delete

18begin insert(2)end insert The report shall remain available to the public on the
19department’s Internet Web site for at least five years.

begin delete

20(c)

end delete

21begin insert(e)end insert Nothing in this section shall be construed to authorize an
22employer to discourage or prevent an employee from enrolling or
23continuing enrollment in a public benefit program while employed
24nor to discriminate against an applicant for employment or
25employee for applying to be or being enrolled in a public assistance
26program.

begin delete

27(d)

end delete

28begin insert(f)end insert The department shall be permitted access to and be provided
29data and information from other state agencies as required to
30implement this section, to the extent not prohibited by state and
31federal confidentiality statutes and regulations. The department
32may enter into interagency agreements or adopt regulations as are
33reasonably necessary to implement this section.

begin insert

34(g) (1) An employer shall not discharge or in any manner
35discriminate or retaliate against an employee who enrolls in a
36public assistance program and shall not refuse to hire a beneficiary
37for reason of being enrolled in a public assistance program.

end insert
begin insert

38(2) An employer shall not disclose to a nongovernmental entity
39that an employee receives or is applying for public benefits.

end insert
begin delete
P8    1

SEC. 3.  

Section 2110.9 is added to the Unemployment Insurance
2Code
, to read:

3

2110.9.  

(a) For purpose of this section, the following
4definitions shall apply:

5(1) “Beneficiary” shall have the same meaning as in Section
619000.

7(2) “Employer” shall have the same meaning as in Section
819000.

9(3) “Public assistance program” shall have the same meaning
10as in Section 19000.

11(b) An employer who discharges or in any manner discriminates
12or retaliates against an employee who enrolls in a public assistance
13program or refuses to hire a beneficiary for reason of being enrolled
14 in a public assistance program, is in violation of this chapter.

15

SEC. 4.  

Division 11 (commencing with Section 19000) is added
16to the Unemployment Insurance Code, to read:

17 

18Division 11.  Employers With Employees That
19Receive Public Benefits

20

 

21

19000.  

For purposes of this division, the following definitions
22shall apply:

23(a) “Beneficiary” means an individual who is all of the
24following:

25(1) Enrolled in a public assistance program, unless the individual
26is enrolled by reason of disability or being over 65 years of age.

27(2) Employed by an employer.

28(b) “Department” means the State Department of Health Care
29Services, the State Department of Social Services, and the State
30Department of Education.

31(c) (1)  Except as provided in paragraph (2) “employer” means
32an individual or type of organization that employs for wages or
33salary 25 or more persons to work in this state and includes all of
34the members of a controlled group of corporations, as defined in
35Section 1563(a) of the Internal Revenue Code, except that “more
36than 50 percent” shall be substituted for “at least 80 percent” each
37place it appears in Section 1563(a)(1) of the Internal Revenue
38Code, and the determination shall be made without regard to
39Sections 1563(a)(4) and 1563(e)(3)(C) of the Internal Revenue
40Code.

P9    1(2) “Employer” does not include a state, city, county, city and
2county, district, or any other governmental employer.

3(d) “Public assistance program” means the Medi-Cal program
4(Chapter 7 (commencing with Section 14000) of Part 3 of Division
59 of the Welfare and Institutions Code), CalFresh (Chapter 10
6(commencing with Section 18900) of Part 6 of Division 9 of the
7Welfare and Institutions Code), CalWORKS (Chapter 2
8(commencing with Section 11200) of Part 3 of Division 9 of the
9Welfare and Institutions Code), and the Women, Infants, and
10Children program (Article 2 (commencing with Section 123275)
11of Chapter 1 of Part 2 of Division 106 of the Health and Safety
12Code).

13

19001.  

(a) The Employment Development Department shall,
14to the extent not prohibited by state and federal confidentiality and
15privacy statutes and regulations, collaborate with a department to
16identify and compile a list of employers of a beneficiary in the
17state, that includes all of the following:

18(1) The employer’s name.

19(2) The employer’s address, as filed with the Employment
20Development Department.

21(3) The total number of each employer’s employees who are
22beneficiaries.

23(b) The Employment Development Department shall provide
24the list described in subdivision (a) to the Department of Finance.
25The Department of Finance, in collaboration with the Employment
26Development Department, shall determine both of the following:

27(1) The total cost to the state of the benefits provided to each
28identified employer’s employees under each public assistance
29program.

30(2) The total cost to the state of the aggregated benefits provided
31to each identified employer’s employees.

32(c) The Employment Development Department shall, to the
33extent not prohibited by state and federal confidentiality and
34privacy statutes and regulations, prepare and provide to the
35Department of Finance a report that includes the information
36described in subdivisions (b) and (c).

37(d) The list and the report shall not include the names or any
38 identifying information of any individual beneficiary under a public
39assistance program and shall be subject to all state and federal
40confidentiality and privacy laws and regulations.

end delete
P10   1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 1095 of the end insertbegin insertUnemployment Insurance Codeend insertbegin insert is
2amended to read:end insert

3

1095.  

The director shall permit the use of any information in
4his or her possession to the extent necessary for any of the
5following purposes and may require reimbursement for all direct
6costs incurred in providing any and all information specified in
7this section, except information specified in subdivisions (a) to
8(e), inclusive:

9(a) To enable the director or his or her representative to carry
10out his or her responsibilities under this code.

11(b) To properly present a claim for benefits.

12(c) To acquaint a worker or his or her authorized agent with his
13or her existing or prospective right to benefits.

14(d) To furnish an employer or his or her authorized agent with
15information to enable him or her to fully discharge his or her
16obligations or safeguard his or her rights under this division or
17Division 3 (commencing with Section 9000).

18(e) To enable an employer to receive a reduction in contribution
19rate.

20(f) To enable federal, state, or local government departments
21or agencies, subject to federal law, to verify or determine the
22eligibility or entitlement of an applicant for, or a recipient of, public
23social services provided pursuant to Division 9 (commencing with
24Section 10000) of the Welfare and Institutions Code, or Part A of
25Title IV of the Social Security Act, where the verification or
26determination is directly connected with, and limited to, the
27administration of public social services.

28(g) To enable county administrators of general relief or
29assistance, or their representatives, to determine entitlement to
30locally provided general relief or assistance, where the
31determination is directly connected with, and limited to, the
32administration of general relief or assistance.

33(h) To enable state or local governmental departments or
34agencies to seek criminal, civil, or administrative remedies in
35connection with the unlawful application for, or receipt of, relief
36provided under Division 9 (commencing with Section 10000) of
37the Welfare and Institutions Code or to enable the collection of
38expenditures for medical assistance services pursuant to Part 5
39(commencing with Section 17000) of Division 9 of the Welfare
40and Institutions Code.

P11   1(i) To provide any law enforcement agency with the name,
2address, telephone number, birth date, social security number,
3physical description, and names and addresses of present and past
4employers, of any victim, suspect, missing person, potential
5witness, or person for whom a felony arrest warrant has been
6issued, when a request for this information is made by any
7investigator or peace officer as defined by Sections 830.1 and
8830.2 of the Penal Code, or by any federal law enforcement officer
9to whom the Attorney General has delegated authority to enforce
10federal search warrants, as defined under Sections 60.2 and 60.3
11of Title 28 of the Code of Federal Regulations, as amended, and
12when the requesting officer has been designated by the head of
13the law enforcement agency and requests this information in the
14course of and as a part of an investigation into the commission of
15a crime when there is a reasonable suspicion that the crime is a
16felony and that the information would lead to relevant evidence.
17The information provided pursuant to this subdivision shall be
18provided to the extent permitted by federal law and regulations,
19and to the extent the information is available and accessible within
20the constraints and configurations of existing department records.
21Any person who receives any information under this subdivision
22shall make a written report of the information to the law
23enforcement agency that employs him or her, for filing under the
24normal procedures of that agency.

25(1) This subdivision shall not be construed to authorize the
26release to any law enforcement agency of a general list identifying
27individuals applying for or receiving benefits.

28(2) The department shall maintain records pursuant to this
29subdivision only for periods required under regulations or statutes
30enacted for the administration of its programs.

31(3) This subdivision shall not be construed as limiting the
32information provided to law enforcement agencies to that pertaining
33only to applicants for, or recipients of, benefits.

34(4) The department shall notify all applicants for benefits that
35release of confidential information from their records will not be
36protected should there be a felony arrest warrant issued against
37the applicant or in the event of an investigation by a law
38enforcement agency into the commission of a felony.

39(j) To provide public employee retirement systems in California
40with information relating to the earnings of any person who has
P12   1applied for or is receiving a disability income, disability allowance,
2or disability retirement allowance, from a public employee
3retirement system. The earnings information shall be released only
4upon written request from the governing board specifying that the
5person has applied for or is receiving a disability allowance or
6disability retirement allowance from its retirement system. The
7request may be made by the chief executive officer of the system
8or by an employee of the system so authorized and identified by
9name and title by the chief executive officer in writing.

10(k) To enable the Division of Labor Standards Enforcement in
11the Department of Industrial Relations to seek criminal, civil, or
12administrative remedies in connection with the failure to pay, or
13the unlawful payment of, wages pursuant to Chapter 1
14(commencing with Section 200) of Part 1 of Division 2 of, and
15Chapter 1 (commencing with Section 1720) of Part 7 of Division
162 of, the Labor Code.

17(l) To enable federal, state, or local governmental departments
18or agencies to administer child support enforcement programs
19under Title IV of the federal Social Security Act (42 U.S.C. Sec.
20651 et seq.).

21(m) To provide federal, state, or local governmental departments
22or agencies with wage and claim information in its possession that
23will assist those departments and agencies in the administration
24of the Victims of Crime Program or in the location of victims of
25crime who, by state mandate or court order, are entitled to
26restitution that has been or can be recovered.

27(n) To provide federal, state, or local governmental departments
28or agencies with information concerning any individuals who are
29or have been:

30(1) Directed by state mandate or court order to pay restitution,
31fines, penalties, assessments, or fees as a result of a violation of
32law.

33(2) Delinquent or in default on guaranteed student loans or who
34owe repayment of funds received through other financial assistance
35programs administered by those agencies. The information released
36by the director for the purposes of this paragraph shall not include
37unemployment insurance benefit information.

38(o) To provide an authorized governmental agency with any or
39all relevant information that relates to any specific workers’
40compensation insurance fraud investigation. The information shall
P13   1be provided to the extent permitted by federal law and regulations.
2For the purposes of this subdivision, “authorized governmental
3agency” means the district attorney of any county, the office of
4the Attorney General, the Contractors’ State License Board, the
5Department of Industrial Relations, and the Department of
6Insurance. An authorized governmental agency may disclose this
7information to the State Bar, the Medical Board of California, or
8any other licensing board or department whose licensee is the
9subject of a workers’ compensation insurance fraud investigation.
10This subdivision shall not prevent any authorized governmental
11agency from reporting to any board or department the suspected
12misconduct of any licensee of that body.

13(p) To enable the Director of the Bureau for Private
14Postsecondary Education, or his or her representatives, to access
15unemployment insurance quarterly wage data on a case-by-case
16basis to verify information on school administrators, school staff,
17and students provided by those schools who are being investigated
18for possible violations of Chapter 8 (commencing with Section
1994800) of Part 59 of Division 10 of Title 3 of the Education Code.

20(q) To provide employment tax information to the tax officials
21of Mexico, if a reciprocal agreement exists. For purposes of this
22subdivision, “reciprocal agreement” means a formal agreement to
23exchange information between national taxing officials of Mexico
24and taxing authorities of the State Board of Equalization, the
25Franchise Tax Board, and the Employment Development
26Department. Furthermore, the reciprocal agreement shall be limited
27to the exchange of information that is essential for tax
28administration purposes only. Taxing authorities of the State of
29California shall be granted tax information only on California
30residents. Taxing authorities of Mexico shall be granted tax
31information only on Mexican nationals.

32(r) To enable city and county planning agencies to develop
33economic forecasts for planning purposes. The information shall
34be limited to businesses within the jurisdiction of the city or county
35whose planning agency is requesting the information, and shall
36not include information regarding individual employees.

37(s) To provide the State Department of Developmental Services
38with wage and employer information that will assist in the
39collection of moneys owed by the recipient, parent, or any other
40legally liable individual for services and supports provided pursuant
P14   1to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
2and Chapter 2 (commencing with Section 7200) and Chapter 3
3(commencing with Section 7500) of Division 7 of, the Welfare
4and Institutions Code.

5(t) To provide the State Board of Equalization with employment
6tax information that will assist in the administration of tax
7programs. The information shall be limited to the exchange of
8employment tax information essential for tax administration
9purposes to the extent permitted by federal law and regulations.

10(u) Nothing in this section shall be construed to authorize or
11permit the use of information obtained in the administration of this
12code by any private collection agency.

13(v) The disclosure of the name and address of an individual or
14business entity that was issued an assessment that included
15penalties under Section 1128 or 1128.1 shall not be in violation
16of Section 1094 if the assessment is final. The disclosure may also
17include any of the following:

18(1) The total amount of the assessment.

19(2) The amount of the penalty imposed under Section 1128 or
201128.1 that is included in the assessment.

21(3) The facts that resulted in the charging of the penalty under
22Section 1128 or 1128.1.

23(w) To enable the Contractors’ State License Board to verify
24the employment history of an individual applying for licensure
25pursuant to Section 7068 of the Business and Professions Code.

26(x) To provide any peace officer with the Division of
27Investigation in the Department of Consumer Affairs information
28pursuant to subdivision (i) when the requesting peace officer has
29been designated by the Chief of the Division of Investigation and
30requests this information in the course of and as part of an
31investigation into the commission of a crime or other unlawful act
32when there is reasonable suspicion to believe that the crime or act
33may be connected to the information requested and would lead to
34relevant information regarding the crime or unlawful act.

35(y) To enable the Labor Commissioner of the Division of Labor
36Standards Enforcement in the Department of Industrial Relations
37to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
38uninsured employers. The information shall be provided to the
39extent permitted by federal law and regulations.

P15   1(z) To enable the Chancellor of the California Community
2Colleges, in accordance with the requirements of Section 84754.5
3of the Education Code, to obtain quarterly wage data, commencing
4January 1, 1993, on students who have attended one or more
5community colleges, to assess the impact of education on the
6employment and earnings of students, to conduct the annual
7evaluation of district-level and individual college performance in
8achieving priority educational outcomes, and to submit the required
9reports to the Legislature and the Governor. The information shall
10be provided to the extent permitted by federal statutes and
11regulations.

12(aa) To enable the Public Employees’ Retirement System to
13seek criminal, civil, or administrative remedies in connection with
14the unlawful application for, or receipt of, benefits provided under
15Part 3 (commencing with Section 20000) of Division 5 of Title 2
16of the Government Code.

17(ab) To enable the State Department of Education, the University
18of California, the California State University, and the Chancellor
19of the California Community Colleges, pursuant to the
20requirements prescribed by the federal American Recovery and
21Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
22wage data, commencing July 1, 2010, on students who have
23attended their respective systems to assess the impact of education
24on the employment and earnings of those students, to conduct the
25annual analysis of district-level and individual district or
26postsecondary education system performance in achieving priority
27educational outcomes, and to submit the required reports to the
28Legislature and the Governor. The information shall be provided
29to the extent permitted by federal statutes and regulations.

30(ac) To provide the Agricultural Labor Relations Board with
31employee, wage, and employer information, for use in the
32investigation or enforcement of the
33Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
34Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
352 of the Labor Code). The information shall be provided to the
36extent permitted by federal statutes and regulations.

37(ad) (1) To enable the State Department of Health Care
38Services, the California Health Benefit Exchange, the Managed
39Risk Medical Insurance Board, and county departments and
40agencies to obtain information regarding employee wages,
P16   1California employer names and account numbers, employer reports
2of wages and number of employees, and disability insurance and
3unemployment insurance claim information, for the purpose of:

4(A) Verifying or determining the eligibility of an applicant for,
5or a recipient of, state health subsidy programs, limited to the
6Medi-Cal Program, provided pursuant to Chapter 7 (commencing
7with Section 14000) of Part 3 of Division 9 of the Welfare and
8Institutions Code; the Healthy Families Program, provided pursuant
9to Part 6.2 (commencing with Section 12693) of Division 2 of the
10Insurance Code; and the Access for Infants and Mothers Program,
11provided pursuant to Part 6.3 (commencing with Section 12695)
12of Division 2 of the Insurance Code; where the verification or
13determination is directly connected with, and limited to, the
14administration of the state health subsidy programs referenced in
15this subparagraph.

16(B) Verifying or determining the eligibility of an applicant for,
17or a recipient of, federal subsidies offered through the California
18Health Benefit Exchange, provided pursuant to Title 22
19(commencing with Section 100500) of the Government Code,
20including federal tax credits and cost-sharing assistance pursuant
21to the federal Patient Protection and Affordable Care Act (Public
22Law 111-148), as amended by the federal Health Care and
23Education Reconciliation Act of 2010 (Public Law 111-152), where
24the verification or determination is directly connected with, and
25limited to, the administration of the California Health Benefit
26Exchange.

27(C) Verifying or determining the eligibility of employees and
28employers for health coverage through the Small Business Health
29Options Program, provided pursuant to Section 100502 of the
30Government Code, where the verification or determination is
31directly connected with, and limited to, the administration of the
32Small Business Health Options Program.

33(2) The information provided under this subdivision shall be
34subject to the requirements of, and provided to the extent permitted
35by, federal law and regulations, including Part 603 of Title 20 of
36the Code of Federal Regulations.

37(ae) To provide any peace officer with the Investigations
38Division of the Department of Motor Vehicles with information
39 pursuant to subdivision (i), when the requesting peace officer has
40been designated by the Chief of the Investigations Division and
P17   1requests this information in the course of, and as part of, an
2investigation into identity theft, counterfeiting, document fraud,
3or consumer fraud, and there is reasonable suspicion that the crime
4is a felony and that the information would lead to relevant evidence
5regarding the identity theft, counterfeiting, document fraud, or
6consumer fraud. The information provided pursuant to this
7subdivision shall be provided to the extent permitted by federal
8law and regulations, and to the extent the information is available
9and accessible within the constraints and configurations of existing
10department records. Any person who receives any information
11under this subdivision shall make a written report of the
12information to the Investigations Division of the Department of
13Motor Vehicles, for filing under the normal procedures of that
14division.

begin insert

15(af) To enable the Department of Finance to prepare and submit
16the report required by Section 13084 of the Government Code that
17identifies all employers in California that employ 25 or more
18employees who receive benefits from any of the following
19programs: the Medi-Cal program (Chapter 7 (commencing with
20Section 14000) of Part 3 of Division 9 of the Welfare and
21Institutions Code), CalFresh (Chapter 10 (commencing with
22Section 18900) of Part 6 of Division 9 of the Welfare and
23Institutions Code), and CalWORKs program (Chapter 2
24(commencing with Section 11200) of Part 3 of Division 9 of the
25Welfare and Institutions Code). The information used for this
26purpose shall be limited to information obtained pursuant to
27Section 11026.5 of the Welfare and Institutions Code and from the
28administration of personal income tax wage withholding pursuant
29to Division 6 (commencing with Section 13000) and the disability
30insurance program and may be disclosed to the Department of
31Finance only for the purpose of preparing and submitting the
32report and only to the extent not prohibited by federal law.

end insert
33begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 11026.5 is added to the end insertbegin insertWelfare and Institutions
34Code
end insert
begin insert, to read:end insert

begin insert
35

begin insert11026.5.end insert  

(a) To the extent not prohibited by federal law, the
36State Department of Health Care Services and the State
37Department of Social Services shall annually inform the
38Employment Development Department of the names and social
39security numbers of all recipients of the benefits of the Medi-Cal
40program (Chapter 7 (commencing with Section 14000)), CalFresh
P18   1(Chapter 10 (commencing with Section 18900) of Part 6), and
2CalWORKs program (Chapter 2 (commencing with Section 11200)
3of Part 3).

4(b) The State Department of Health Care Services and the State
5Department of Social Services shall determine the average per
6individual cost to the state to provide the benefits of each program
7described in subdivision (a). These departments shall then inform
8the Employment Development Department and the Department of
9Finance of these costs in order to calculate the information that
10is required to be reported pursuant to Section 13084 of the
11Government Code.

end insert
12

SEC. 5.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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