AB 1792, as amended, Gomez. Public benefits: reports on employers.
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.
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.
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 deleteThis bill would require the State Department of Health Care Servicesbegin delete and the State Department of Social Servicesend delete to annually inform the Employment Development Department of the names and social security numbers of all recipients of the above-described public assistance programs. The bill would requirebegin delete these departmentsend deletebegin insert end insertbegin insertthe State Department of Health Care Services and the State Department of Social Servicesend insert to determine the average per individual costbegin delete to the state to provide the benefits of each of these public assistance programsend deletebegin insert
of state and federally funded benefits across the above-described programsend insert and inform the Employment Development Departmentbegin delete and the Department of Financeend delete
of these costs. The bill would require thebegin delete Department of Finance to collaborate with these departments and theend delete
Employment Development Departmentbegin insert to collaborate with end insertbegin insertthe State Department of Health Care Services andend insertbegin insert the State Department of Social Servicesend insert to determine thebegin delete total cost to the state of the aggregated public assistanceend deletebegin insert total cost of state and federally funded benefitsend insert provided to each identified employer’sbegin delete employees under each public assistance program and the total cost to the state of the aggregated benefits provided to each identified employer’s employees.end deletebegin insert
employees, as specified.end insert The bill would define an employer as an individual or organization that employs 50 or more beneficiaries of the above-described public assistance programs.
The bill would also require the Department of Finance to, after obtaining specified information from the Employment Development Department, annually transmit to the Legislature and post on the department’s Internet Web site a report no later thanbegin delete April 15 of each yearend deletebegin insert the 3rd week of January of each year beginning in 2016end insert
that, among other things, identifies employers that employ 50 or more beneficiaries in the state.
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.
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.
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.
This bill would prohibit an employer from disclosing to a nongovernmental entity that an employee receives or is applying for public benefits.
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:
(a) The Legislature finds and declares all of the
2following:
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.
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.
P4 1(3) In 2013, California had the
highest number of working poor
2families in the country. More than one-third of the state’s working
3families are low income, making less than 200 percent of the
4federal poverty line.
5(4) When low wages and a lack of benefits leave workers unable
6to make ends meet, they turn to public assistance programs for
7health care, food, and other basic necessities.
8(5) Employers that pay low wages and offer no benefits shift
9the costs of doing business onto taxpayers.
10(6) Large, profitable employers should pay wages and benefits
11that do not impoverish workers or shift costs onto taxpayers.
12(7) Employers that shift the costs of their business expenses
13onto taxpayers
put responsible employers at a competitive
14disadvantage, creating an unfair playing field for business in the
15state.
16(8) To promote a deeper understanding of the causes and sources
17of underemployment, poverty wages, and the economic impacts
18on Californians, business, and the state budget, it is appropriate
19for policymakers to possess a broader set of empirical data with
20which to make informed decisions.
21(b) Therefore, it is the intent of the Legislature to do all of the
22following:
23(1) Produce a report on employers that have employees enrolled
24in public assistance programs and on the cost to the state of
25providing those benefits.
26(2) Use the report
described in paragraph (1), along with other
27studies related to labor trends, to analyze practices within industry
28sectors detrimental to economic competitiveness in the
29marketplace.
30(3) Ensure that all Californians have access to public benefit
31programs that safeguard their identity and privacy and ensure that
32receipt of public benefits never is the cause of workplace
33discrimination.
34(4) Develop policies to decrease the number of working poor
35in California by increasing the quality of jobs and employment
36opportunities and informed employment and training programs.
37(5) Use the data contained within the report to promote sound
38and reasonable policies to ensure that employers do not shift the
39responsibility for
providing health care and basic necessities for
P5 1their workers onto taxpayers through the use of the data contained
2within the report to develop reasonable and sound policies.
3(6) Ensure that no worker is discriminated or retaliated against
4for the reason of being enrolled in a public benefit program.
Section 13084 is added to the Government Code, to
6read:
(a) For purposes of this section, the following
8definitions shall apply:
9(1) “Beneficiary” means an individual who is both of the
10following:
11(A) begin deleteEnrolled end deletebegin insertHas been enrolled end insertin a public assistancebegin delete program,end delete
12begin insert program for six consecutive months within the preceding budget
13year,end insert
unless the individual is enrolled by reason of disability or
14being over 65 years ofbegin delete age or is employed in a CalWORKs begin insert age.end insert
15subsidized private or public employment (Chapter 2 (commencing
16with Section 11200) of Part 3 of Division 9 of the Welfare and
17Institutions Code).end delete
18(B) Employed by an employer for at least one quarter or three
19months.
20(2) (A) “Employer” means an individual or type of organization
21that employs for wages and salary 50 or more beneficiaries to work
22in this state and includes all of the members of a controlled group
23of corporations as defined in Section
1563(a) of the Internal
24Revenue Code, except that “more than 50 percent” shall be
25substituted for “at least 80 percent” each place it appears in Section
261563(a)(1) of the Internal Revenue Code, and the determination
27shall be made without regard to Sections 1563(a)(4) and
281563(e)(3)(C) of the Internal Revenue Code.
29(B) “Employer” shall include the state, a city, county, city and
30county, district, or any other governmental employer.
31(3) “Public assistance program” means the Medi-Cal program
32(Chapter 7 (commencing with Section 14000) of Part 3 of Division
339 of the Welfare and Institutionsbegin delete Code),end deletebegin insert Code) andend insert CalFresh
34begin insert
programend insert
(Chapter 10 (commencing with Section 18900) of Part
356 of Division 9 of the Welfare and Institutionsbegin delete Code), and Code).
36CalWORKs program (Chapter 2 (commencing with Section 11200)
37of Part 3 of Division 9 of the Welfare and Institutionsend delete
38(b) The department shall, after obtaining the information from
39the Employment Development Department described in paragraphs
40(1) tobegin delete (4),end deletebegin insert (6),end insert inclusive,begin delete and determining the total costs to the state
annually transmit to the Legislature
P6 1pursuant to subdivision (c),end delete
2and post on the department’s Internet Web site no later thanbegin delete April begin insert the third week of Januaryend insert of each
315end deletebegin delete year,end deletebegin insert year beginning in 2016,end insert
4 a report thatbegin delete identifies each employer.end deletebegin insert includes the information
5described in paragraphs (1) to (7), inclusive. The report shall list
6employers in descending order of total cost of benefits.end insert The report
7shall be submitted to the
Legislature pursuant to Section 9795.
8The report shall include all of the following:
9(1) The employer’s name.
10(2) The employer’s address, as filed with the Employment
11Development Department.
12(3) Thebegin delete totalend delete number of beneficiaries each employerbegin delete employs.end delete
13begin insert employs for each public assistance program and the total number
14of beneficiaries each employer employs, not double-counting
15beneficiaries who are enrolled in each program.end insert
16(4) The
percentage of the employer’s total workforce in the state
17that are beneficiaries.
18(5) The totalbegin insert averageend insert costbegin delete to the state of the aggregated benefitsend delete
19begin insert of state and federally funded benefitsend insert provided to an identified
20employer’s employees who are beneficiaries under each public
21assistancebegin delete program.end deletebegin insert program calculated using the average per
22individual cost of state and federally funded benefits excluding
23administrative costs.end insert
24(6) The totalbegin insert averageend insert costbegin delete to the state of the aggregated benefitsend delete
25begin insert of state and federally funded benefitsend insert provided to each identified
26employer’s employees who arebegin delete beneficiaries.end deletebegin insert beneficiaries
27calculated using the average per individual cost of state and
28federally funded benefits excluding administrative costs.end insert
29(7) The methodology used by the department, the Employment
30Development Department, the State Department of Social Services,
31and the State Department of Health Care Services to calculate the
32total average cost of state and federally funded benefits provided
33to an identified employer’s employees who are beneficiaries.
34(c) Thebegin delete department, in collaboration with theend delete Employment
35Development Department,begin insert in collaboration with theend insert State
36Department of Health Carebegin delete Services,end deletebegin insert
Servicesend insert and the State
37Department of Social Services, shall determine the total costs to
38the state described in paragraphs (5) and (6) of subdivisionbegin delete (b).end delete
39begin insert (b) using the average per individual cost of state and federally
40funded benefits provided by the State Department of Social Services
P7 1and the State Department of Health Care Services to the
2Employment Development Department.end insert
3(d) (1) The report, and any list provided to the department, shall
4not include the name or identifying information of an individual
5beneficiary.
6(2) The report shall remain available to the public on the
7department’s
Internet Web site for at least five years.
8(e) Nothing in this section shall be construed to authorize an
9employer to discourage or prevent an employee from enrolling or
10continuing enrollment in a public benefit program while employed
11nor to discriminate against an applicant for employment or
12employee for applying to be or being enrolled in a public assistance
13program.
14(f) The departmentbegin insert and the Employment Development
15Departmentend insert shall be permitted access to, and be provided data and
16information from, other state agencies as required to implement
17this section, to the extent not prohibited by state and federal
18confidentiality statutes and regulations. The department may enter
19into
interagency agreements or adopt regulations as are reasonably
20necessary to implement this section.
21(g) (1) An employer shall not discharge or in any manner
22discriminate or retaliate against an employee who enrolls in a
23public assistance program and shall not refuse to hire a beneficiary
24for reason of being enrolled in a public assistance program.
25(2) An employer shall not disclose to a nongovernmental entity
26that an employee receives or is applying for public benefits.
Section 1095 of the Unemployment Insurance Code
28 is amended to read:
The director shall permit the use of any information in
30his or her possession to the extent necessary for any of the
31following purposes and may require reimbursement for all direct
32costs incurred in providing any and all information specified in
33this section, except information specified in subdivisions (a) to
34(e), inclusive:
35(a) To enable the director or his or her representative to carry
36out his or her responsibilities under this code.
37(b) To properly present a claim for benefits.
38(c) To acquaint a worker or his or her authorized agent with his
39or her existing or prospective right
to benefits.
P8 1(d) To furnish an employer or his or her authorized agent with
2information to enable him or her to fully discharge his or her
3obligations or safeguard his or her rights under this division or
4Division 3 (commencing with Section 9000).
5(e) To enable an employer to receive a reduction in contribution
6rate.
7(f) To enable federal, state, or localbegin delete governmentend deletebegin insert governmentalend insert
8 departments or agencies, subject to federal law, to verify or
9determine the eligibility or entitlement of an applicant for, or a
10recipient of, public social services provided
pursuant to Division
119 (commencing with Section 10000) of the Welfare and Institutions
12Code, or Part A of Title IV of the Social Security Act, where the
13verification or determination is directly connected with, and limited
14to, the administration of public social services.
15(g) To enable county administrators of general relief or
16assistance, or their representatives, to determine entitlement to
17locally provided general relief or assistance, where the
18determination is directly connected with, and limited to, the
19administration of general relief or assistance.
20(h) To enable state or local governmental departments or
21agencies to seek criminal, civil, or administrative remedies in
22connection with the unlawful application for, or receipt of, relief
23provided under Division 9 (commencing
with Section 10000) of
24the Welfare and Institutions Code or to enable the collection of
25expenditures for medical assistance services pursuant to Part 5
26(commencing with Section 17000) of Division 9 of the Welfare
27and Institutions Code.
28(i) To provide any law enforcement agency with the name,
29address, telephone number, birth date, social security number,
30physical description, and names and addresses of present and past
31employers, of any victim, suspect, missing person, potential
32witness, or person for whom a felony arrest warrant has been
33issued, when a request for this information is made by any
34investigator or peace officer as defined by Sections 830.1 and
35830.2 of the Penal Code, or by any federal law enforcement officer
36to whom the Attorney General has delegated authority to enforce
37federal search warrants, as defined under
Sections 60.2 and 60.3
38of Title 28 of the Code of Federal Regulations, as amended, and
39when the requesting officer has been designated by the head of
40the law enforcement agency and requests this information in the
P9 1course of and as a part of an investigation into the commission of
2a crime when there is a reasonable suspicion that the crime is a
3felony and that the information would lead to relevant evidence.
4The information provided pursuant to this subdivision shall be
5provided to the extent permitted by federal law and regulations,
6and to the extent the information is available and accessible within
7the constraints and configurations of existing department records.
8Any person who receives any information under this subdivision
9shall make a written report of the information to the law
10enforcement agency that employs him or her, for filing under the
11normal procedures of that agency.
12(1) This subdivision shall not be construed to authorize the
13release to any law enforcement agency of a general list identifying
14individuals applying for or receiving benefits.
15(2) The department shall maintain records pursuant to this
16subdivision only for periods required under regulations or statutes
17enacted for the administration of its programs.
18(3) This subdivision shall not be construed as limiting the
19information provided to law enforcement agencies to that pertaining
20only to applicants for, or recipients of, benefits.
21(4) The department shall notify all applicants for benefits that
22release of confidential information from their records will not be
23protected
should there be a felony arrest warrant issued against
24the applicant or in the event of an investigation by a law
25enforcement agency into the commission of a felony.
26(j) To provide public employee retirement systems in California
27with information relating to the earnings of any person who has
28applied for or is receiving a disability income, disability allowance,
29or disability retirement allowance, from a public employee
30retirement system. The earnings information shall be released only
31upon written request from the governing board specifying that the
32person has applied for or is receiving a disability allowance or
33disability retirement allowance from its retirement system. The
34request may be made by the chief executive officer of the system
35or by an employee of the system so authorized and identified by
36name and title by the chief
executive officer in writing.
37(k) To enable the Division of Labor Standards Enforcement in
38the Department of Industrial Relations to seek criminal, civil, or
39administrative remedies in connection with the failure to pay, or
40the unlawful payment of, wages pursuant to Chapter 1
P10 1(commencing with Section 200) of Part 1 of Division 2 of, and
2Chapter 1 (commencing with Section 1720) of Part 7 of Division
32 of, the Labor Code.
4(l) To enable federal, state, or local governmental departments
5or agencies to administer child support enforcement programs
6under Title IV of the federal Social Security Act (42 U.S.C. Sec.
7651 et seq.).
8(m) To provide federal, state, or local governmental departments
9or agencies with wage and claim
information in its possession that
10will assist those departments and agencies in the administration
11of the Victims of Crime Program or in the location of victims of
12crime who, by state mandate or court order, are entitled to
13restitution that has been or can be recovered.
14(n) To provide federal, state, or local governmental departments
15or agencies with information concerning any individuals who are
16or have been:
17(1) Directed by state mandate or court order to pay restitution,
18fines, penalties, assessments, or fees as a result of a violation of
19law.
20(2) Delinquent or in default on guaranteed student loans or who
21owe repayment of funds received through other financial assistance
22programs administered by those
agencies. The information released
23by the director for the purposes of this paragraph shall not include
24unemployment insurance benefit information.
25(o) To provide an authorized governmental agency with any or
26all relevant information that relates to any specific workers’
27compensation insurance fraud investigation. The information shall
28be provided to the extent permitted by federal law and regulations.
29For the purposes of this subdivision, “authorized governmental
30agency” means the district attorney of any county, the office of
31the Attorney General, the Contractors’ State License Board, the
32Department of Industrial Relations, and the Department of
33Insurance. An authorized governmental agency may disclose this
34information to the State Bar, the Medical Board of California, or
35any other licensing board or department whose licensee is the
36subject
of a workers’ compensation insurance fraud investigation.
37This subdivision shall not prevent any authorized governmental
38agency from reporting to any board or department the suspected
39misconduct of any licensee of that body.
P11 1(p) To enable the Director of the Bureau for Private
2Postsecondary Education, or his or her representatives, to access
3unemployment insurance quarterly wage data on a case-by-case
4basis to verify information on school administrators, school staff,
5and students provided by those schools who are being investigated
6for possible violations of Chapter 8 (commencing with Section
794800) of Part 59 of Division 10 of Title 3 of the Education Code.
8(q) To provide employment tax information to the tax officials
9of Mexico, if a reciprocal agreement exists. For purposes of this
10subdivision,
“reciprocal agreement” means a formal agreement to
11exchange information between national taxing officials of Mexico
12and taxing authorities of the State Board of Equalization, the
13Franchise Tax Board, and the Employment Development
14Department. Furthermore, the reciprocal agreement shall be limited
15to the exchange of information that is essential for tax
16administration purposes only. Taxing authorities of the State of
17California shall be granted tax information only on California
18residents. Taxing authorities of Mexico shall be granted tax
19information only on Mexican nationals.
20(r) To enable city and county planning agencies to develop
21economic forecasts for planning purposes. The information shall
22be limited to businesses within the jurisdiction of the city or county
23whose planning agency is requesting the information, and shall
24not
include information regarding individual employees.
25(s) To provide the State Department of Developmental Services
26with wage and employer information that will assist in the
27collection of moneys owed by the recipient, parent, or any other
28legally liable individual for services and supports provided pursuant
29to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
30and Chapter 2 (commencing with Section 7200) and Chapter 3
31(commencing with Section 7500) of Division 7 of, the Welfare
32and Institutions Code.
33(t) To provide the State Board of Equalization with employment
34tax information that will assist in the administration of tax
35programs. The information shall be limited to the exchange of
36employment tax information essential for tax administration
37purposes to the extent
permitted by federal law and regulations.
38(u) Nothing in this section shall be construed to authorize or
39permit the use of information obtained in the administration of this
40code by any private collection agency.
P12 1(v) The disclosure of the name and address of an individual or
2business entity that was issued an assessment that included
3penalties under Section 1128 or 1128.1 shall not be in violation
4of Section 1094 if the assessment is final. The disclosure may also
5include any of the following:
6(1) The total amount of the assessment.
7(2) The amount of the penalty imposed under Section 1128 or
81128.1 that is included in the assessment.
9(3) The facts that resulted in the charging of the penalty under
10Section 1128 or 1128.1.
11(w) To enable the Contractors’ State License Board to verify
12the employment history of an individual applying for licensure
13pursuant to Section 7068 of the Business and Professions Code.
14(x) To provide any peace officer with the Division of
15Investigation in the Department of Consumer Affairs information
16pursuant to subdivision (i) when the requesting peace officer has
17been designated by the Chief of the Division of Investigation and
18requests this information in the course of and as part of an
19investigation into the commission of a crime or other unlawful act
20when there is reasonable suspicion to believe that the crime or act
21may
be connected to the information requested and would lead to
22relevant information regarding the crime or unlawful act.
23(y) To enable the Labor Commissioner of the Division of Labor
24Standards Enforcement in the Department of Industrial Relations
25to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
26uninsured employers. The information shall be provided to the
27extent permitted by federal law and regulations.
28(z) To enable the Chancellor of the California Community
29Colleges, in accordance with the requirements of Section 84754.5
30of the Education Code, to obtain quarterly wage data, commencing
31January 1, 1993, on students who have attended one or more
32community colleges, to assess the impact of education on the
33employment and earnings of students, to conduct the annual
34evaluation
of district-level and individual college performance in
35achieving priority educational outcomes, and to submit the required
36reports to the Legislature and the Governor. The information shall
37be provided to the extent permitted by federal statutes and
38regulations.
39(aa) To enable the Public Employees’ Retirement System to
40seek criminal, civil, or administrative remedies in connection with
P13 1the unlawful application for, or receipt of, benefits provided under
2Part 3 (commencing with Section 20000) of Division 5 of Title 2
3of the Government Code.
4(ab) To enable the State Department of Education, the University
5of California, the California State University, and the Chancellor
6of the California Community Colleges, pursuant to the
7requirements prescribed by the federal American Recovery
and
8Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
9wage data, commencing July 1, 2010, on students who have
10attended their respective systems to assess the impact of education
11on the employment and earnings of those students, to conduct the
12annual analysis of district-level and individual district or
13postsecondary education system performance in achieving priority
14educational outcomes, and to submit the required reports to the
15Legislature and the Governor. The information shall be provided
16to the extent permitted by federal statutes and regulations.
17(ac) To provide the Agricultural Labor Relations Board with
18employee, wage, and employer information, for use in the
19investigation or enforcement of the
20Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
21Act of 1975 (Part 3.5 (commencing with Section 1140) of
Division
222 of the Labor Code). The information shall be provided to the
23extent permitted by federal statutes and regulations.
24(ad) (1) To enable the State Department of Health Care
25Services, the California Health Benefit Exchange, the Managed
26Risk Medical Insurance Board, and county departments and
27agencies to obtain information regarding employee wages,
28California employer names and account numbers, employer reports
29of wages and number of employees, and disability insurance and
30unemployment insurance claim information, for the purpose of:
31(A) Verifying or determining the eligibility of an applicant for,
32or a recipient of, state health subsidy programs, limited to the
33Medi-Cal Program, provided pursuant to Chapter 7 (commencing
34with Section 14000) of Part 3
of Division 9 of the Welfare and
35Institutions Code; the Healthy Families Program, provided pursuant
36to Part 6.2 (commencing with Section 12693) of Division 2 of the
37Insurance Code; and the Access for Infants and Mothers Program,
38provided pursuant to Part 6.3 (commencing with Section 12695)
39of Division 2 of the Insurance Code; where the verification or
40determination is directly connected with, and limited to, the
P14 1administration of the state health subsidy programs referenced in
2this subparagraph.
3(B) Verifying or determining the eligibility of an applicant for,
4or a recipient of, federal subsidies offered through the California
5Health Benefit Exchange, provided pursuant to Title 22
6(commencing with Section 100500) of the Government Code,
7including federal tax credits and cost-sharing assistance pursuant
8to the federal Patient Protection
and Affordable Care Act (Public
9Law 111-148), as amended by the federal Health Care and
10Education Reconciliation Act of 2010 (Public Law 111-152), where
11the verification or determination is directly connected with, and
12limited to, the administration of the California Health Benefit
13Exchange.
14(C) Verifying or determining the eligibility of employees and
15employers for health coverage through the Small Business Health
16Options Program, provided pursuant to Section 100502 of the
17Government Code, where the verification or determination is
18directly connected with, and limited to, the administration of the
19Small Business Health Options Program.
20(2) The information provided under this subdivision shall be
21subject to the requirements of, and provided to the extent permitted
22by,
federal law and regulations, including Part 603 of Title 20 of
23the Code of Federal Regulations.
24(ae) To provide any peace officer with the Investigations
25Division of the Department of Motor Vehicles with information
26
pursuant to subdivision (i), when the requesting peace officer has
27been designated by the Chief of the Investigations Division and
28requests this information in the course of, and as part of, an
29investigation into identity theft, counterfeiting, document fraud,
30or consumer fraud, and there is reasonable suspicion that the crime
31is a felony and that the information would lead to relevant evidence
32regarding the identity theft, counterfeiting, document fraud, or
33consumer fraud. The information provided pursuant to this
34subdivision shall be provided to the extent permitted by federal
35law and regulations, and to the extent the information is available
36and accessible within the constraints and configurations of existing
37department records. Any person who receives any information
38under this subdivision shall make a written report of the
39information to the Investigations Division of the
Department of
P15 1Motor Vehicles, for filing under the normal procedures of that
2division.
3(af) To enable the Department of Finance to prepare and submit
4the report required by Section 13084 of the Government Code that
5identifies all employers in California that employ 50 or more
6employees who receive benefits from any of the following
7programs: the Medi-Cal program (Chapter 7 (commencing with
8Section 14000) of Part 3 of Division 9 of the Welfare and
9Institutionsbegin delete Code),end deletebegin insert Code) andend insert CalFreshbegin insert programend insert (Chapter 10
10(commencing with Section 18900) of Part 6 of Division 9 of the
11Welfare
and Institutionsbegin delete Code), and CalWORKs program (Chapter
122 (commencing with Section 11200) of Part 3 of Division 9 of
the
13Welfare and Institutionsend delete
14purpose shall be limited to information obtained pursuant to Section
1511026.5 of the Welfare and Institutions Code and from the
16administration of personal income tax wage withholding pursuant
17to Division 6 (commencing with Section 13000) and the disability
18insurance program and may be disclosed to the Department of
19Finance only for the purpose of preparing and submitting the report
20and only to the extent not prohibited by federal law.
Section 11026.5 is added to the Welfare and
22Institutions Code, to read:
(a) To the extent not prohibited by federal law, the
24State Department of Health Care Servicesbegin delete and the State Department shall annually inform the Employment
25of Social Servicesend delete
26Development Department of the names and social security numbers
27of all recipients of the benefits of the Medi-Cal program (Chapter
287 (commencing with Sectionbegin delete 14000)),end deletebegin insert 14000)) andend insert CalFresh
29begin insert programend insert (Chapter 10 (commencing
with Section 18900) of Part
30begin delete 6), and CalWORKs program (Chapter 2 (commencing with Section begin insert 6).end insert
3111200) of Part 3).end delete
32(b) The State Department of Health Care Services and the State
33Department of Social Services shall determine the average per
34individual costbegin delete to the state to provide the benefits of
each programend delete
35begin insert of state and federally funded benefits across the program excluding
36administrative costsend insert described in subdivision (a). These
37departments shall then inform the Employment Development
38Departmentbegin delete and the Department of Financeend delete of these costs in order
39begin insert for the Employment Development Departmentend insert to calculate the
P16 1information that is required to be reported pursuant to Section
213084 of the Government Code.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
O
95