Amended in Senate August 27, 2014

Amended in Senate August 21, 2014

Amended in Senate August 19, 2014

Amended in Senate July 1, 2014

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 addbegin insert and repealend insert Section 13084 to the Government Code, to amend Section 1095 of the Unemployment Insurance Code, and to addbegin insert and repealend insert Section 11026.5 to the Welfare and Institutions Code, relating to public benefits.

LEGISLATIVE COUNSEL’S DIGEST

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.

begin delete

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 delete

This bill wouldbegin insert, until January 1, 2020,end insert require the State Department of Health Care Services to annually inform the Employment Development Department of the names and social security numbers of all recipients of thebegin delete above-described public assistance programsend deletebegin insert Medi-Cal programend insert. The bill would require the State Department of Health Care Services to determine the average per individual cost of state and federally funded benefitsbegin delete across the above-described programsend deletebegin insert provided by the Medi-Cal programend insert and inform the Employment Development Department of these costs. The bill would require the Employment Development Department to collaborate with the State Department of Health Care Servicesbegin insert and the State Department of Social Servicesend insert to determine the totalbegin insert averageend insert cost of state and federally funded benefits provided to each identified employer’s employees, as specified. The bill would define an employer as an individual or organization that employsbegin delete 50end deletebegin insert 100end insert or more beneficiaries of thebegin delete above-described public assistance programs.end deletebegin insert Medi-Cal program.end insert

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 than the 3rd week of January of each year beginning in 2016begin insert until January 1, 2020,end insert that, among other things, identifies employers that employbegin delete 50end deletebegin insert 100end insert or more beneficiaries in the statebegin insert, as specifiedend insert.

begin insert

Under existing law, federal nutrition assistance benefits are administered through CalFresh, as specified.

end insert
begin insert

The bill would, until January 1, 2020, additionally require the State Department of Social Services to annually determine and provide to the Employment Development Department, the percentage of individuals who are recipients of the Medi-Cal program who are also recipients of the CalFresh program, and the average individual CalFresh benefit for individuals who are members of households in which at least one member is employed.

end 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.

This bill wouldbegin insert, until January 1, 2020,end insert 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 inbegin delete a public assistanceend deletebegin insert the Medi-Calend insert program and from refusing to hire a beneficiary for reason of being enrolled inbegin delete a public assistanceend deletebegin insert the Medi-Calend insert program.

This bill would prohibit an employer from disclosing tobegin delete a nongovernmentalend deletebegin insert any person orend insert entity that an employee receives or is applying for public benefitsbegin insert, unless authorized by state or federal lawend insert.

This bill would incorporate additional changes to Section 1095 of the Unemployment Insurance Code proposed by SB 1028 and SB 1141, to be operative if this bill and one or both of the other bills are enacted and become effective on or before January 1, 2015, and this bill is enacted last.

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:

P3    1

SECTION 1.  

(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
P4    1needs, cash assistance, child care, and income supports, among
2other benefits.

3(2) The state needs to preserve and expand public benefit
4programs to ensure that no Californian has to go hungry or forego
5medical care because he or she cannot afford these basic life
6necessities.

7(3) In 2013, California had the highest number of working poor
8families in the country. More than one-third of the state’s working
9families are low income, making less than 200 percent of the
10federal poverty line.

11(4) When low wages and a lack of benefits leave workers unable
12to make ends meet, they turn to public assistance programs for
13health care, food, and other basic necessities.

14(5) Employers that pay low wages and offer no benefits shift
15the costs of doing business onto taxpayers.

16(6) Large, profitable employers should pay wages and benefits
17that do not impoverish workers or shift costs onto taxpayers.

18(7) Employers that shift the costs of their business expenses
19onto taxpayers put responsible employers at a competitive
20disadvantage, creating an unfair playing field for business in the
21state.

22(8) To promote a deeper understanding of the causes and sources
23of underemployment, poverty wages, and the economic impacts
24on Californians, business, and the state budget, it is appropriate
25for policymakers to possess a broader set of empirical data with
26which to make informed decisions.

27(b) Therefore, it is the intent of the Legislature to do all of the
28following:

29(1) Produce a report on employers that have employees enrolled
30in public assistance programs and on the cost to the state of
31providing those benefits.

32(2) Use the report described in paragraph (1), along with other
33studies related to labor trends, to analyze practices within industry
34sectors detrimental to economic competitiveness in the
35marketplace.

36(3) Ensure that all Californians have access to public benefit
37programs that safeguard their identity and privacy and ensure that
38receipt of public benefits never is the cause of workplace
39discrimination.

P5    1(4) Develop policies to decrease the number of working poor
2in California by increasing the quality of jobs and employment
3opportunities and informed employment and training programs.

4(5) Use the data contained within the report to promote sound
5and reasonable policies to ensure that employers do not shift the
6responsibility for providing health care and basic necessities for
7their workers onto taxpayers through the use of the data contained
8within the report to develop reasonable and sound policies.

9(6) Ensure that no worker is discriminated or retaliated against
10for the reason of being enrolled in a public benefit program.

11

SEC. 2.  

Section 13084 is added to the Government Code, to
12read:

13

13084.  

(a) For purposes of this section, the following
14definitions shall apply:

15(1) “Beneficiary” means an individual who isbegin delete bothend deletebegin insert allend insert of the
16following:

17(A) Has been enrolled in a public assistance program for six
18consecutive months within the preceding budgetbegin delete year, unless the
19individual is enrolled by reason of disability or being over 65 years
20of age.end delete
begin insert year.end insert

21(B) Employed bybegin delete anend deletebegin insert the sameend insert employer for at least one quarter
22or three months.

begin insert

23(C) Is not enrolled by reason of disability or of being under 18
24years of age or over 65 years of age.

end insert

25(2) (A) “Employer” means an individual or type of organization
26that employs for wages and salarybegin delete 50end deletebegin insert 100end insert or more beneficiaries
27to work in this state and includes all of the members of a controlled
28group of corporations as defined in Section 1563(a) of the Internal
29Revenue Code, except that “more than 50 percent” shall be
30substituted for “at least 80 percent” each place it appears in Section
311563(a)(1) of the Internal Revenue Code, and the determination
32shall be made without regard to Sections 1563(a)(4) and
331563(e)(3)(C) of the Internal Revenue Code.

34(B) “Employer” shall include the state, a city, county, city and
35county, district, or any other governmental employer.

36(3) “Public assistance program” means the Medi-Cal program
37(Chapter 7 (commencing with Section 14000) of Part 3 of Division
389 of the Welfare and Institutions begin delete Code) and CalFresh program
39(Chapter 10 (commencing with Section 18900) of Part 6 of
40Division 9 of the Welfare and Institutions Code).end delete
begin insert Code).end insert

P6    1(b) The department shall, after obtaining the information from
2the Employment Development Department described in paragraphs
3(1) tobegin delete (6),end deletebegin insert (5),end insert inclusive, annually transmit to the Legislature and
4post on the department’s Internet Web site no later than the third
5week of January of each year beginning in 2016, a report that
6includes the information described in paragraphs (1) tobegin delete (7),end deletebegin insert (6),end insert
7 inclusive. The report shallbegin insert onlyend insert listbegin insert the 500end insert employersbegin delete in
8descending order of total cost of benefitsend delete
begin insert in the state with the most
9number of employees enrolled in a public assistance program
10ranked by the number of those employeesend insert
. The report shall be
11submitted to the Legislature pursuant to Section 9795. The report
12shall include all of the following:

13(1) The employer’s name.

14(2) The employer’s address, as filed with the Employment
15Development Department.

16(3) The number of beneficiaries each employer employs begin delete for
17each public assistance program and the total number of
18beneficiaries each employer employs, not double-counting
19beneficiaries who are enrolled in eachend delete
begin insert who are enrolled in a public
20assistanceend insert
program.

21(4) The percentage of the employer’s total workforce in the state
22that are beneficiaries.

begin delete

23(5) The total average cost of state and federally funded benefits
24provided to an identified employer’s employees who are
25beneficiaries under each public assistance program calculated using
26the average per individual cost of state and federally funded
27benefits excluding administrative costs.

end delete
begin delete

8 28(6)

end delete

29begin insert(5)end insert The total average cost of state and federally funded benefits
30provided to each identified employer’s employees who are
31beneficiaries calculated using the average per individual cost of
32state and federally funded benefits excluding administrative costs.

begin delete

33(7)

end delete

34begin insert(6)end insert The methodology used by the department, the Employment
35Development Department,begin insert the State Department of Social Services,end insert
36 and the State Department of Health Care Services to calculate the
37begin delete totalend delete averagebegin insert totalend insert cost of state and federally funded benefits
38provided to an identified employer’s employees who are
39beneficiaries.

begin insert

P7    1(c) The report described in subdivision (b) shall also include
2the information provided to the Employment Development
3Department by the State Department of Social Services pursuant
4to Section 11026.5 of the Welfare and Institutions Code.

end insert
begin delete

5(c)

end delete

6begin insert(d)end insert The Employment Development Department, in collaboration
7with the State Department of Health Care Servicesbegin insert and the State
8Department of Social Servicesend insert
, shall determine the total costs to
9the state described inbegin delete paragraphs (5) and (6)end deletebegin insert paragraph (5)end insert of
10subdivision (b) using the average per individual cost of state and
11federally funded benefits provided bybegin delete the State Department of
12Health Care Servicesend delete
begin insert those departmentsend insert to the Employment
13Development Department.

begin delete

14(d)

end delete

15begin insert(e)end insert (1) The report, and any list provided to the department, shall
16not include the name or identifying information of an individual
17beneficiary.

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

begin delete

20(e)

end delete

21begin insert(f)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(f)

end delete

28begin insert(g)end insert The department and the Employment Development
29Department shall be permitted access to, and be provided data and
30information from, other state agencies as required to implement
31this section, to the extent not prohibited by state and federal
32confidentiality statutes and regulations. The department may enter
33into interagency agreements or adopt regulations as are reasonably
34necessary to implement this section.

begin delete

35(g)

end delete

36begin insert(h)end insert (1) An employer shall not discharge or in any manner
37discriminate or retaliate against an employee who enrolls in a
38public assistance program and shall not refuse to hire a beneficiary
39for reason of being enrolled in a public assistance program.

P8    1(2) An employer shall not disclose tobegin delete a nongovernmentalend deletebegin insert any
2person orend insert
entitybegin insert, unless otherwise permitted by state or federal
3law,end insert
that an employee receives or is applying for public benefits.

begin insert

4(i) This section shall remain in effect only until January 1, 2020,
5and as of that date is repealed.

end insert
6

SEC. 3.  

Section 1095 of the Unemployment Insurance Code
7 is amended to read:

8

1095.  

The director shall permit the use of any information in
9his or her possession to the extent necessary for any of the
10following purposes and may require reimbursement for all direct
11costs incurred in providing any and all information specified in
12this section, except information specified in subdivisions (a) to
13(e), inclusive:

14(a) To enable the director or his or her representative to carry
15out his or her responsibilities under this code.

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

17(c) To acquaint a worker or his or her authorized agent with his
18or her existing or prospective right to benefits.

19(d) To furnish an employer or his or her authorized agent with
20information to enable him or her to fully discharge his or her
21obligations or safeguard his or her rights under this division or
22Division 3 (commencing with Section 9000).

23(e) To enable an employer to receive a reduction in contribution
24rate.

25(f) To enable federal, state, or local governmental departments
26or agencies, subject to federal law, to verify or determine the
27eligibility or entitlement of an applicant for, or a recipient of, public
28social services provided pursuant to Division 9 (commencing with
29Section 10000) of the Welfare and Institutions Code, or Part A of
30Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
31 seq.), where the verification or determination is directly connected
32with, and limited to, the administration of public social services.

33(g) To enable county administrators of general relief or
34assistance, or their representatives, to determine entitlement to
35locally provided general relief or assistance, where the
36determination is directly connected with, and limited to, the
37administration of general relief or assistance.

38(h) To enable state or local governmental departments or
39agencies to seek criminal, civil, or administrative remedies in
40connection with the unlawful application for, or receipt of, relief
P9    1provided under Division 9 (commencing with Section 10000) of
2the Welfare and Institutions Code or to enable the collection of
3expenditures for medical assistance services pursuant to Part 5
4(commencing with Section 17000) of Division 9 of the Welfare
5and Institutions Code.

6(i) To provide any law enforcement agency with the name,
7address, telephone number, birth date, social security number,
8physical description, and names and addresses of present and past
9employers, of any victim, suspect, missing person, potential
10witness, or person for whom a felony arrest warrant has been
11issued, when a request for this information is made by any
12investigator or peace officer as defined by Sections 830.1 and
13830.2 of the Penal Code, or by any federal law enforcement officer
14to whom the Attorney General has delegated authority to enforce
15federal search warrants, as defined under Sections 60.2 and 60.3
16of Title 28 of the Code of Federal Regulations, as amended, and
17when the requesting officer has been designated by the head of
18the law enforcement agency and requests this information in the
19course of and as a part of an investigation into the commission of
20a crime when there is a reasonable suspicion that the crime is a
21felony and that the information would lead to relevant evidence.
22The information provided pursuant to this subdivision shall be
23provided to the extent permitted by federal law and regulations,
24and to the extent the information is available and accessible within
25the constraints and configurations of existing department records.
26Any person who receives any information under this subdivision
27shall make a written report of the information to the law
28enforcement agency that employs him or her, for filing under the
29normal procedures of that agency.

30(1) This subdivision shall not be construed to authorize the
31release to any law enforcement agency of a general list identifying
32individuals applying for or receiving benefits.

33(2) The department shall maintain records pursuant to this
34subdivision only for periods required under regulations or statutes
35enacted for the administration of its programs.

36(3) This subdivision shall not be construed as limiting the
37information provided to law enforcement agencies to that pertaining
38only to applicants for, or recipients of, benefits.

39(4) The department shall notify all applicants for benefits that
40release of confidential information from their records will not be
P10   1protected should there be a felony arrest warrant issued against
2the applicant or in the event of an investigation by a law
3enforcement agency into the commission of a felony.

4(j) To provide public employee retirement systems in California
5with information relating to the earnings of any person who has
6applied for or is receiving a disability income, disability allowance,
7or disability retirement allowance, from a public employee
8retirement system. The earnings information shall be released only
9upon written request from the governing board specifying that the
10person has applied for or is receiving a disability allowance or
11disability retirement allowance from its retirement system. The
12request may be made by the chief executive officer of the system
13or by an employee of the system so authorized and identified by
14name and title by the chief executive officer in writing.

15(k) To enable the Division of Labor Standards Enforcement in
16the Department of Industrial Relations to seek criminal, civil, or
17administrative remedies in connection with the failure to pay, or
18the unlawful payment of, wages pursuant to Chapter 1
19(commencing with Section 200) of Part 1 of Division 2 of, and
20Chapter 1 (commencing with Section 1720) of Part 7 of Division
212 of, the Labor Code.

22(l) To enable federal, state, or local governmental departments
23or agencies to administer child support enforcement programs
24under Part D of Title IV of the federal Social Security Act (42
25U.S.C. Sec. 651 et seq.).

26(m) To provide federal, state, or local governmental departments
27or agencies with wage and claim information in its possession that
28will assist those departments and agencies in the administration
29of the Victims of Crime Program or in the location of victims of
30crime who, by state mandate or court order, are entitled to
31restitution that has been or can be recovered.

32(n) To provide federal, state, or local governmental departments
33or agencies with information concerning any individuals who are
34or have been:

35(1) Directed by state mandate or court order to pay restitution,
36fines, penalties, assessments, or fees as a result of a violation of
37law.

38(2) Delinquent or in default on guaranteed student loans or who
39owe repayment of funds received through other financial assistance
40programs administered by those agencies. The information released
P11   1by the director for the purposes of this paragraph shall not include
2unemployment insurance benefit information.

3(o) To provide an authorized governmental agency with any or
4all relevant information that relates to any specific workers’
5compensation insurance fraud investigation. The information shall
6be provided to the extent permitted by federal law and regulations.
7For the purposes of this subdivision, “authorized governmental
8agency” means the district attorney of any county, the office of
9the Attorney General, the Contractors’ State License Board, the
10Department of Industrial Relations, and the Department of
11Insurance. An authorized governmental agency may disclose this
12information to the State Bar, the Medical Board of California, or
13any other licensing board or department whose licensee is the
14subject of a workers’ compensation insurance fraud investigation.
15This subdivision shall not prevent any authorized governmental
16agency from reporting to any board or department the suspected
17misconduct of any licensee of that body.

18(p) To enable the Director of Consumer Affairs, or his or her
19representatives, to access unemployment insurance quarterly wage
20data on a case-by-case basis to verify information on school
21 administrators, school staff, and students provided by those schools
22who are being investigated for possible violations of Chapter 8
23(commencing with Section 94800) of Part 59 of Division 10 of
24Title 3 of the Education Code.

25(q) To provide employment tax information to the tax officials
26of Mexico, if a reciprocal agreement exists. For purposes of this
27subdivision, “reciprocal agreement” means a formal agreement to
28exchange information between national taxing officials of Mexico
29and taxing authorities of the State Board of Equalization, the
30Franchise Tax Board, and the Employment Development
31Department. Furthermore, the reciprocal agreement shall be limited
32to the exchange of information that is essential for tax
33administration purposes only. Taxing authorities of the State of
34California shall be granted tax information only on California
35residents. Taxing authorities of Mexico shall be granted tax
36information only on Mexican nationals.

37(r) To enable city and county planning agencies to develop
38economic forecasts for planning purposes. The information shall
39be limited to businesses within the jurisdiction of the city or county
P12   1whose planning agency is requesting the information, and shall
2not include information regarding individual employees.

3(s) To provide the State Department of Developmental Services
4with wage and employer information that will assist in the
5collection of moneys owed by the recipient, parent, or any other
6legally liable individual for services and supports provided pursuant
7to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
8and Chapter 2 (commencing with Section 7200) and Chapter 3
9(commencing with Section 7500) of Division 7 of, the Welfare
10and Institutions Code.

11(t) To provide the State Board of Equalization with employment
12tax information that will assist in the administration of tax
13programs. The information shall be limited to the exchange of
14employment tax information essential for tax administration
15purposes to the extent permitted by federal law and regulations.

16(u) Nothing in this section shall be construed to authorize or
17permit the use of information obtained in the administration of this
18code by any private collection agency.

19(v) The disclosure of the name and address of an individual or
20business entity that was issued an assessment that included
21penalties under Section 1128 or 1128.1 shall not be in violation
22of Section 1094 if the assessment is final. The disclosure may also
23include any of the following:

24(1) The total amount of the assessment.

25(2) The amount of the penalty imposed under Section 1128 or
261128.1 that is included in the assessment.

27(3) The facts that resulted in the charging of the penalty under
28Section 1128 or 1128.1.

29(w) To enable the Contractors’ State License Board to verify
30the employment history of an individual applying for licensure
31pursuant to Section 7068 of the Business and Professions Code.

32(x) To provide any peace officer with the Division of
33Investigation in the Department of Consumer Affairs information
34pursuant to subdivision (i) when the requesting peace officer has
35been designated by the chief of the Division of Investigation and
36requests this information in the course of and as part of an
37investigation into the commission of a crime or other unlawful act
38when there is reasonable suspicion to believe that the crime or act
39may be connected to the information requested and would lead to
40relevant information regarding the crime or unlawful act.

P13   1(y) To enable the Labor Commissioner of the Division of Labor
2Standards Enforcement in the Department of Industrial Relations
3to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
4uninsured employers. The information shall be provided to the
5extent permitted by federal law and regulations.

6(z) To enable the Chancellor of the California Community
7Colleges, in accordance with the requirements of Section 84754.5
8of the Education Code, to obtain quarterly wage data, commencing
9January 1, 1993, on students who have attended one or more
10community colleges, to assess the impact of education on the
11employment and earnings of students, to conduct the annual
12evaluation of district-level and individual college performance in
13achieving priority educational outcomes, and to submit the required
14reports to the Legislature and the Governor. The information shall
15be provided to the extent permitted by federal statutes and
16regulations.

17(aa) To enable the Public Employees’ Retirement System to
18seek criminal, civil, or administrative remedies in connection with
19the unlawful application for, or receipt of, benefits provided under
20Part 3 (commencing with Section 20000) of Division 5 of Title 2
21of the Government Code.

22(ab) To enable the State Department of Education, the University
23of California, the California State University, and the Chancellor
24of the California Community Colleges, pursuant to the
25requirements prescribed by the federal American Recovery and
26Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
27wage data, commencing July 1, 2010, on students who have
28attended their respective systems to assess the impact of education
29on the employment and earnings of those students, to conduct the
30annual analysis of district-level and individual district or
31postsecondary education system performance in achieving priority
32educational outcomes, and to submit the required reports to the
33Legislature and the Governor. The information shall be provided
34to the extent permitted by federal statutes and regulations.

35(ac) To provide the Agricultural Labor Relations Board with
36employee, wage, and employer information, for use in the
37 investigation or enforcement of the
38Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
39Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
P14   12 of the Labor Code). The information shall be provided to the
2extent permitted by federal statutes and regulations.

3(ad) (1) To enable the State Department of Health Care
4Services, the California Health Benefit Exchange, the Managed
5Risk Medical Insurance Board, and county departments and
6agencies to obtain information regarding employee wages,
7California employer names and account numbers, employer reports
8of wages and number of employees, and disability insurance and
9unemployment insurance claim information, for the purpose of:

10(A) Verifying or determining the eligibility of an applicant for,
11or a recipient of, state health subsidy programs, limited to the
12Medi-Cal Program, provided pursuant to Chapter 7 (commencing
13with Section 14000) of Part 3 of Division 9 of the Welfare and
14Institutions Code; the Healthy Families Program, provided pursuant
15to Part 6.2 (commencing with Section 12693) of Division 2 of the
16Insurance Code; and the Access for Infants and Mothers Program,
17provided pursuant to Part 6.3 (commencing with Section 12695)
18of Division 2 of the Insurance Code; where the verification or
19determination is directly connected with, and limited to, the
20administration of the state health subsidy programs referenced in
21this subparagraph.

22(B) Verifying or determining the eligibility of an applicant for,
23or a recipient of, federal subsidies offered through the California
24Health Benefit Exchange, provided pursuant to Title 22
25(commencing with Section 100500) of the Government Code,
26including federal tax credits and cost-sharing assistance pursuant
27to the federal Patient Protection and Affordable Care Act (Public
28Law 111-148), as amended by the federal Health Care and
29Education Reconciliation Act of 2010 (Public Law 111-152), where
30the verification or determination is directly connected with, and
31limited to, the administration of the California Health Benefit
32Exchange.

33(C) Verifying or determining the eligibility of employees and
34employers for health coverage through the Small Business Health
35Options Program, provided pursuant to Section 100502 of the
36Government Code, where the verification or determination is
37directly connected with, and limited to, the administration of the
38Small Business Health Options Program.

39(2) The information provided under this subdivision shall be
40subject to the requirements of, and provided to the extent permitted
P15   1by, federal law and regulations, including Part 603 of Title 20 of
2the Code of Federal Regulations.

3(ae) To provide any peace officer with the Investigations
4Division of the Department of Motor Vehicles with information
5 pursuant to subdivision (i), when the requesting peace officer has
6been designated by the Chief of the Investigations Division and
7requests this information in the course of, and as part of, an
8investigation into identity theft, counterfeiting, document fraud,
9or consumer fraud, and there is reasonable suspicion that the crime
10is a felony and that the information would lead to relevant evidence
11regarding the identity theft, counterfeiting, document fraud, or
12consumer fraud. The information provided pursuant to this
13subdivision shall be provided to the extent permitted by federal
14law and regulations, and to the extent the information is available
15and accessible within the constraints and configurations of existing
16department records. Any person who receives any information
17under this subdivision shall make a written report of the
18information to the Investigations Division of the Department of
19Motor Vehicles, for filing under the normal procedures of that
20division.

21(af) begin deleteTo end deletebegin insertUntil January 1, 2020, to end insertenable the Department of
22Finance to prepare and submit the report required by Section 13084
23of the Government Code that identifies all employers in California
24that employ 50 or more employees who receive benefits from
25begin delete either of the following programs:end delete the Medi-Cal program (Chapter
267 (commencing with Section 14000) of Part 3 of Division 9 of the
27Welfare and Institutions begin delete Code) or the CalFresh program (Chapter
28 10 (commencing with Section 18900) of Part 6 of Division 9 of
29the Welfare and Institutions Code).end delete
begin insert Code).end insert The information used
30for this purpose shall be limited to information obtained pursuant
31to Section 11026.5 of the Welfare and Institutions Code and from
32the administration of personal income tax wage withholding
33pursuant to Division 6 (commencing with Section 13000) and the
34disability insurance program and may be disclosed to the
35Department of Finance only for the purpose of preparing and
36submitting the report and only to the extent not prohibited by
37federal law.

38

SEC. 3.2.  

Section 1095 of the Unemployment Insurance Code
39 is amended to read:

P16   1

1095.  

The director shall permit the use of any information in
2his or her possession to the extent necessary for any of the
3following purposes and may require reimbursement for all direct
4costs incurred in providing any and all information specified in
5this section, except information specified in subdivisions (a) to
6(e), inclusive:

7(a) To enable the director or his or her representative to carry
8out his or her responsibilities under this code.

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

10(c) To acquaint a worker or his or her authorized agent with his
11or her existing or prospective right to benefits.

12(d) To furnish an employer or his or her authorized agent with
13information to enable him or her to fully discharge his or her
14obligations or safeguard his or her rights under this division or
15Division 3 (commencing with Section 9000).

16(e) To enable an employer to receive a reduction in contribution
17rate.

18(f) To enable federal, state, or local governmental departments
19or agencies, subject to federal law, to verify or determine the
20eligibility or entitlement of an applicant for, or a recipient of, public
21social services provided pursuant to Division 9 (commencing with
22Section 10000) of the Welfare and Institutions Code, or Part A of
23Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
24seq.), where the verification or determination is directly connected
25with, and limited to, the administration of public social services.

26(g) To enable county administrators of general relief or
27assistance, or their representatives, to determine entitlement to
28locally provided general relief or assistance, where the
29determination is directly connected with, and limited to, the
30administration of general relief or assistance.

31(h) To enable state or local governmental departments or
32agencies to seek criminal, civil, or administrative remedies in
33connection with the unlawful application for, or receipt of, relief
34provided under Division 9 (commencing with Section 10000) of
35the Welfare and Institutions Code or to enable the collection of
36expenditures for medical assistance services pursuant to Part 5
37(commencing with Section 17000) of Division 9 of the Welfare
38and Institutions Code.

39(i) To provide any law enforcement agency with the name,
40address, telephone number, birth date, social security number,
P17   1physical description, and names and addresses of present and past
2employers, of any victim, suspect, missing person, potential
3witness, or person for whom a felony arrest warrant has been
4issued, when a request for this information is made by any
5investigator or peace officer as defined by Sections 830.1 and
6830.2 of the Penal Code, or by any federal law enforcement officer
7to whom the Attorney General has delegated authority to enforce
8federal search warrants, as defined under Sections 60.2 and 60.3
9of Title 28 of the Code of Federal Regulations, as amended, and
10when the requesting officer has been designated by the head of
11the law enforcement agency and requests this information in the
12course of and as a part of an investigation into the commission of
13a crime when there is a reasonable suspicion that the crime is a
14felony and that the information would lead to relevant evidence.
15The information provided pursuant to this subdivision shall be
16provided to the extent permitted by federal law and regulations,
17and to the extent the information is available and accessible within
18the constraints and configurations of existing department records.
19Any person who receives any information under this subdivision
20shall make a written report of the information to the law
21enforcement agency that employs him or her, for filing under the
22normal procedures of that agency.

23(1) This subdivision shall not be construed to authorize the
24release to any law enforcement agency of a general list identifying
25individuals applying for or receiving benefits.

26(2) The department shall maintain records pursuant to this
27subdivision only for periods required under regulations or statutes
28enacted for the administration of its programs.

29(3) This subdivision shall not be construed as limiting the
30information provided to law enforcement agencies to that pertaining
31only to applicants for, or recipients of, benefits.

32(4) The department shall notify all applicants for benefits that
33release of confidential information from their records will not be
34protected should there be a felony arrest warrant issued against
35the applicant or in the event of an investigation by a law
36enforcement agency into the commission of a felony.

37(j) To provide public employee retirement systems in California
38with information relating to the earnings of any person who has
39applied for or is receiving a disability income, disability allowance,
40or disability retirement allowance, from a public employee
P18   1retirement system. The earnings information shall be released only
2upon written request from the governing board specifying that the
3person has applied for or is receiving a disability allowance or
4disability retirement allowance from its retirement system. The
5request may be made by the chief executive officer of the system
6or by an employee of the system so authorized and identified by
7name and title by the chief executive officer in writing.

8(k) To enable the Division of Labor Standards Enforcement in
9the Department of Industrial Relations to seek criminal, civil, or
10administrative remedies in connection with the failure to pay, or
11the unlawful payment of, wages pursuant to Chapter 1
12(commencing with Section 200) of Part 1 of Division 2 of, and
13Chapter 1 (commencing with Section 1720) of Part 7 of Division
142 of, the Labor Code.

15(l) To enable federal, state, or local governmental departments
16or agencies to administer child support enforcement programs
17under Part D of Title IV of the federal Social Security Act (42
18U.S.C. Sec. 651 et seq.).

19(m) To provide federal, state, or local governmental departments
20or agencies with wage and claim information in its possession that
21will assist those departments and agencies in the administration
22of the Victims of Crime Program or in the location of victims of
23crime who, by state mandate or court order, are entitled to
24restitution that has been or can be recovered.

25(n) To provide federal, state, or local governmental departments
26or agencies with information concerning any individuals who are
27or have been:

28(1) Directed by state mandate or court order to pay restitution,
29fines, penalties, assessments, or fees as a result of a violation of
30law.

31(2) Delinquent or in default on guaranteed student loans or who
32owe repayment of funds received through other financial assistance
33programs administered by those agencies. The information released
34by the director for the purposes of this paragraph shall not include
35unemployment insurance benefit information.

36(o) To provide an authorized governmental agency with any or
37all relevant information that relates to any specific workers’
38compensation insurance fraud investigation. The information shall
39be provided to the extent permitted by federal law and regulations.
40For the purposes of this subdivision, “authorized governmental
P19   1agency” means the district attorney of any county, the office of
2the Attorney General, the Contractors’ State License Board, the
3Department of Industrial Relations, and the Department of
4Insurance. An authorized governmental agency may disclose this
5information to the State Bar, the Medical Board of California, or
6any other licensing board or department whose licensee is the
7subject of a workers’ compensation insurance fraud investigation.
8This subdivision shall not prevent any authorized governmental
9agency from reporting to any board or department the suspected
10misconduct of any licensee of that body.

11(p) To enable the Director of Consumer Affairs, or his or her
12representatives, to access unemployment insurance quarterly wage
13data on a case-by-case basis to verify information on school
14administrators, school staff, and students provided by those schools
15who are being investigated for possible violations of Chapter 8
16(commencing with Section 94800) of Part 59 of Division 10 of
17Title 3 of the Education Code.

18(q) To provide employment tax information to the tax officials
19of Mexico, if a reciprocal agreement exists. For purposes of this
20subdivision, “reciprocal agreement” means a formal agreement to
21exchange information between national taxing officials of Mexico
22and taxing authorities of the State Board of Equalization, the
23Franchise Tax Board, and the Employment Development
24Department. Furthermore, the reciprocal agreement shall be limited
25to the exchange of information that is essential for tax
26administration purposes only. Taxing authorities of the State of
27California shall be granted tax information only on California
28residents. Taxing authorities of Mexico shall be granted tax
29information only on Mexican nationals.

30(r) To enable city and county planning agencies to develop
31economic forecasts for planning purposes. The information shall
32be limited to businesses within the jurisdiction of the city or county
33whose planning agency is requesting the information, and shall
34not include information regarding individual employees.

35(s) To provide the State Department of Developmental Services
36with wage and employer information that will assist in the
37collection of moneys owed by the recipient, parent, or any other
38legally liable individual for services and supports provided pursuant
39to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
40and Chapter 2 (commencing with Section 7200) and Chapter 3
P20   1 (commencing with Section 7500) of Division 7 of, the Welfare
2and Institutions Code.

3(t) To provide the State Board of Equalization with employment
4tax information that will assist in the administration of tax
5programs. The information shall be limited to the exchange of
6employment tax information essential for tax administration
7purposes to the extent permitted by federal law and regulations.

8(u) Nothing in this section shall be construed to authorize or
9permit the use of information obtained in the administration of this
10code by any private collection agency.

11(v) The disclosure of the name and address of an individual or
12business entity that was issued an assessment that included
13penalties under Section 1128 or 1128.1 shall not be in violation
14of Section 1094 if the assessment is final. The disclosure may also
15 include any of the following:

16(1) The total amount of the assessment.

17(2) The amount of the penalty imposed under Section 1128 or
181128.1 that is included in the assessment.

19(3) The facts that resulted in the charging of the penalty under
20Section 1128 or 1128.1.

21(w) To enable the Contractors’ State License Board to verify
22the employment history of an individual applying for licensure
23pursuant to Section 7068 of the Business and Professions Code.

24(x) To provide any peace officer with the Division of
25Investigation in the Department of Consumer Affairs information
26pursuant to subdivision (i) when the requesting peace officer has
27been designated by the chief of the Division of Investigation and
28requests this information in the course of and as part of an
29investigation into the commission of a crime or other unlawful act
30when there is reasonable suspicion to believe that the crime or act
31may be connected to the information requested and would lead to
32relevant information regarding the crime or unlawful act.

33(y) To enable the Labor Commissioner of the Division of Labor
34Standards Enforcement in the Department of Industrial Relations
35to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
36uninsured employers. The information shall be provided to the
37extent permitted by federal law and regulations.

38(z) To enable the Chancellor of the California Community
39Colleges, in accordance with the requirements of Section 84754.5
40of the Education Code, to obtain quarterly wage data, commencing
P21   1January 1, 1993, on students who have attended one or more
2community colleges, to assess the impact of education on the
3employment and earnings of students, to conduct the annual
4evaluation of district-level and individual college performance in
5achieving priority educational outcomes, and to submit the required
6reports to the Legislature and the Governor. The information shall
7be provided to the extent permitted by federal statutes and
8regulations.

9(aa) To enable the Public Employees’ Retirement System to
10seek criminal, civil, or administrative remedies in connection with
11the unlawful application for, or receipt of, benefits provided under
12Part 3 (commencing with Section 20000) of Division 5 of Title 2
13of the Government Code.

14(ab) To enable the State Department of Education, the University
15of California, the California State University, and the Chancellor
16of the California Community Colleges, pursuant to the
17requirements prescribed by the federal American Recovery and
18Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
19wage data, commencing July 1, 2010, on students who have
20attended their respective systems to assess the impact of education
21on the employment and earnings of those students, to conduct the
22annual analysis of district-level and individual district or
23postsecondary education system performance in achieving priority
24educational outcomes, and to submit the required reports to the
25Legislature and the Governor. The information shall be provided
26to the extent permitted by federal statutes and regulations.

27(ac) To provide the Agricultural Labor Relations Board with
28employee, wage, and employer information, for use in the
29investigation or enforcement of the
30Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
31Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
322 of the Labor Code). The information shall be provided to the
33extent permitted by federal statutes and regulations.

34(ad) (1) To enable the State Department of Health Care
35Services, the California Health Benefit Exchange, the Managed
36Risk Medical Insurance Board, and county departments and
37agencies to obtain information regarding employee wages,
38California employer names and account numbers, employer reports
39of wages and number of employees, and disability insurance and
40unemployment insurance claim information, for the purpose of:

P22   1(A) Verifying or determining the eligibility of an applicant for,
2or a recipient of, state health subsidy programs, limited to the
3Medi-Cal Program, provided pursuant to Chapter 7 (commencing
4with Section 14000) of Part 3 of Division 9 of the Welfare and
5Institutions Code; the Healthy Families Program, provided pursuant
6to Part 6.2 (commencing with Section 12693) of Division 2 of the
7Insurance Code; and the Access for Infants and Mothers Program,
8provided pursuant to Part 6.3 (commencing with Section 12695)
9of Division 2 of the Insurance Code; where the verification or
10determination is directly connected with, and limited to, the
11administration of the state health subsidy programs referenced in
12this subparagraph.

13(B) Verifying or determining the eligibility of an applicant for,
14or a recipient of, federal subsidies offered through the California
15Health Benefit Exchange, provided pursuant to Title 22
16(commencing with Section 100500) of the Government Code,
17including federal tax credits and cost-sharing assistance pursuant
18to the federal Patient Protection and Affordable Care Act (Public
19Law 111-148), as amended by the federal Health Care and
20Education Reconciliation Act of 2010 (Public Law 111-152), where
21the verification or determination is directly connected with, and
22 limited to, the administration of the California Health Benefit
23Exchange.

24(C) Verifying or determining the eligibility of employees and
25employers for health coverage through the Small Business Health
26Options Program, provided pursuant to Section 100502 of the
27Government Code, where the verification or determination is
28directly connected with, and limited to, the administration of the
29Small Business Health Options Program.

30(2) The information provided under this subdivision shall be
31subject to the requirements of, and provided to the extent permitted
32by, federal law and regulations, including Part 603 of Title 20 of
33the Code of Federal Regulations.

34(ae) To provide any peace officer with the Investigations
35Division of the Department of Motor Vehicles with information
36pursuant to subdivision (i), when the requesting peace officer has
37been designated by the Chief of the Investigations Division and
38requests this information in the course of, and as part of, an
39investigation into identity theft, counterfeiting, document fraud,
40or consumer fraud, and there is reasonable suspicion that the crime
P23   1is a felony and that the information would lead to relevant evidence
2regarding the identity theft, counterfeiting, document fraud, or
3consumer fraud. The information provided pursuant to this
4subdivision shall be provided to the extent permitted by federal
5law and regulations, and to the extent the information is available
6and accessible within the constraints and configurations of existing
7department records. Any person who receives any information
8under this subdivision shall make a written report of the
9 information to the Investigations Division of the Department of
10Motor Vehicles, for filing under the normal procedures of that
11division.

12(af) begin deleteTo end deletebegin insertUntil January 1, 2020, to end insertenable the Department of
13Finance to prepare and submit the report required by Section 13084
14of the Government Code that identifies all employers in California
15that employ 50 or more employees who receive benefits from
16begin delete either of the following programs:end delete the Medi-Cal program (Chapter
177 (commencing with Section 14000) of Part 3 of Division 9 of the
18Welfare and Institutionsbegin delete Code) or the CalFresh program (Chapter
1910 (commencing with Section 18900) of Part 6 of Division 9 of
20the Welfare and Institutions Code).end delete
begin insert Code).end insert The information used
21for this purpose shall be limited to information obtained pursuant
22to Section 11026.5 of the Welfare and Institutions Code and from
23the administration of personal income tax wage withholding
24pursuant to Division 6 (commencing with Section 13000) and the
25disability insurance program and may be disclosed to the
26Department of Finance only for the purpose of preparing and
27submitting the report and only to the extent not prohibited by
28federal law.

29(ag) To provide, to the extent permitted by federal law and
30regulations, the Student Aid Commission with wage information
31in order to verify the employment status of an individual applying
32for a Cal Grant C award pursuant to subdivision (c) of Section
3369439 of the Education Code.

34

SEC. 3.5.  

Section 1095 of the Unemployment Insurance Code
35 is amended to read:

36

1095.  

The director shall permit the use of any information in
37his or her possession to the extent necessary for any of the
38following purposes and may require reimbursement for all direct
39costs incurred in providing any and all information specified in
P24   1this section, except information specified in subdivisions (a) to
2(e), inclusive:

3(a) To enable the director or his or her representative to carry
4out his or her responsibilities under this code.

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

6(c) To acquaint a worker or his or her authorized agent with his
7or her existing or prospective right to benefits.

8(d) To furnish an employer or his or her authorized agent with
9information to enable him or her to fully discharge his or her
10obligations or safeguard his or her rights under this division or
11Division 3 (commencing with Section 9000).

12(e) To enable an employer to receive a reduction in contribution
13rate.

14(f) To enable federal, state, or local governmental departments
15or agencies, subject to federal law, to verify or determine the
16eligibility or entitlement of an applicant for, or a recipient of, public
17social services provided pursuant to Division 9 (commencing with
18Section 10000) of the Welfare and Institutions Code, or Part A of
19Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
20seq.), where the verification or determination is directly connected
21with, and limited to, the administration of public social services.

22(g) To enable county administrators of general relief or
23assistance, or their representatives, to determine entitlement to
24locally provided general relief or assistance, where the
25determination is directly connected with, and limited to, the
26administration of general relief or assistance.

27(h) To enable state or local governmental departments or
28agencies to seek criminal, civil, or administrative remedies in
29connection with the unlawful application for, or receipt of, relief
30provided under Division 9 (commencing with Section 10000) of
31the Welfare and Institutions Code or to enable the collection of
32expenditures for medical assistance services pursuant to Part 5
33(commencing with Section 17000) of Division 9 of the Welfare
34and Institutions Code.

35(i) To provide any law enforcement agency with the name,
36address, telephone number, birth date, social security number,
37physical description, and names and addresses of present and past
38employers, of any victim, suspect, missing person, potential
39witness, or person for whom a felony arrest warrant has been
40issued, when a request for this information is made by any
P25   1investigator or peace officer as defined by Sections 830.1 and
2830.2 of the Penal Code, or by any federal law enforcement officer
3to whom the Attorney General has delegated authority to enforce
4federal search warrants, as defined under Sections 60.2 and 60.3
5of Title 28 of the Code of Federal Regulations, as amended, and
6when the requesting officer has been designated by the head of
7the law enforcement agency and requests this information in the
8course of and as a part of an investigation into the commission of
9a crime when there is a reasonable suspicion that the crime is a
10felony and that the information would lead to relevant evidence.
11The information provided pursuant to this subdivision shall be
12provided to the extent permitted by federal law and regulations,
13and to the extent the information is available and accessible within
14the constraints and configurations of existing department records.
15Any person who receives any information under this subdivision
16shall make a written report of the information to the law
17enforcement agency that employs him or her, for filing under the
18normal procedures of that agency.

19(1) This subdivision shall not be construed to authorize the
20release to any law enforcement agency of a general list identifying
21individuals applying for or receiving benefits.

22(2) The department shall maintain records pursuant to this
23subdivision only for periods required under regulations or statutes
24enacted for the administration of its programs.

25(3) This subdivision shall not be construed as limiting the
26information provided to law enforcement agencies to that pertaining
27only to applicants for, or recipients of, benefits.

28(4) The department shall notify all applicants for benefits that
29release of confidential information from their records will not be
30protected should there be a felony arrest warrant issued against
31the applicant or in the event of an investigation by a law
32enforcement agency into the commission of a felony.

33(j) To provide public employee retirement systems in California
34with information relating to the earnings of any person who has
35applied for or is receiving a disability income, disability allowance,
36or disability retirement allowance, from a public employee
37retirement system. The earnings information shall be released only
38upon written request from the governing board specifying that the
39person has applied for or is receiving a disability allowance or
40disability retirement allowance from its retirement system. The
P26   1request may be made by the chief executive officer of the system
2or by an employee of the system so authorized and identified by
3name and title by the chief executive officer in writing.

4(k) To enable the Division of Labor Standards Enforcement in
5the Department of Industrial Relations to seek criminal, civil, or
6administrative remedies in connection with the failure to pay, or
7the unlawful payment of, wages pursuant to Chapter 1
8(commencing with Section 200) of Part 1 of Division 2 of, and
9Chapter 1 (commencing with Section 1720) of Part 7 of Division
102 of, the Labor Code.

11(l) To enable federal, state, or local governmental departments
12or agencies to administer child support enforcement programs
13under Part D of Title IV of the federal Social Security Act (42
14U.S.C. Sec. 651 et seq.).

15(m) To provide federal, state, or local governmental departments
16or agencies with wage and claim information in its possession that
17will assist those departments and agencies in the administration
18of the Victims of Crime Program or in the location of victims of
19crime who, by state mandate or court order, are entitled to
20restitution that has been or can be recovered.

21(n) To provide federal, state, or local governmental departments
22or agencies with information concerning any individuals who are
23or have been:

24(1) Directed by state mandate or court order to pay restitution,
25fines, penalties, assessments, or fees as a result of a violation of
26law.

27(2) Delinquent or in default on guaranteed student loans or who
28owe repayment of funds received through other financial assistance
29programs administered by those agencies. The information released
30by the director for the purposes of this paragraph shall not include
31unemployment insurance benefit information.

32(o) To provide an authorized governmental agency with any or
33all relevant information that relates to any specific workers’
34compensation insurance fraud investigation. The information shall
35be provided to the extent permitted by federal law and regulations.
36For the purposes of this subdivision, “authorized governmental
37agency” means the district attorney of any county, the office of
38the Attorney General, the Contractors’ State License Board, the
39Department of Industrial Relations, and the Department of
40Insurance. An authorized governmental agency may disclose this
P27   1information to the State Bar, the Medical Board of California, or
2any other licensing board or department whose licensee is the
3subject of a workers’ compensation insurance fraud investigation.
4This subdivision shall not prevent any authorized governmental
5agency from reporting to any board or department the suspected
6misconduct of any licensee of that body.

7(p) To enable the Director of Consumer Affairs, or his or her
8representatives, to access unemployment insurance quarterly wage
9data on a case-by-case basis to verify information on school
10administrators, school staff, and students provided by those schools
11who are being investigated for possible violations of Chapter 8
12(commencing with Section 94800) of Part 59 of Division 10 of
13Title 3 of the Education Code.

14(q) To provide employment tax information to the tax officials
15of Mexico, if a reciprocal agreement exists. For purposes of this
16subdivision, “reciprocal agreement” means a formal agreement to
17exchange information between national taxing officials of Mexico
18and taxing authorities of the State Board of Equalization, the
19Franchise Tax Board, and the Employment Development
20Department. Furthermore, the reciprocal agreement shall be limited
21to the exchange of information that is essential for tax
22administration purposes only. Taxing authorities of the State of
23California shall be granted tax information only on California
24residents. Taxing authorities of Mexico shall be granted tax
25information only on Mexican nationals.

26(r) To enable city and county planning agencies to develop
27economic forecasts for planning purposes. The information shall
28be limited to businesses within the jurisdiction of the city or county
29whose planning agency is requesting the information, and shall
30not include information regarding individual employees.

31(s) To provide the State Department of Developmental Services
32with wage and employer information that will assist in the
33collection of moneys owed by the recipient, parent, or any other
34legally liable individual for services and supports provided pursuant
35to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
36and Chapter 2 (commencing with Section 7200) and Chapter 3
37 (commencing with Section 7500) of Division 7 of, the Welfare
38and Institutions Code.

39(t) To provide the State Board of Equalization with employment
40tax information that will assist in the administration of tax
P28   1programs. The information shall be limited to the exchange of
2employment tax information essential for tax administration
3purposes to the extent permitted by federal law and regulations.

4(u) Nothing in this section shall be construed to authorize or
5permit the use of information obtained in the administration of this
6code by any private collection agency.

7(v) The disclosure of the name and address of an individual or
8business entity that was issued an assessment that included
9penalties under Section 1128 or 1128.1 shall not be in violation
10of Section 1094 if the assessment is final. The disclosure may also
11 include any of the following:

12(1) The total amount of the assessment.

13(2) The amount of the penalty imposed under Section 1128 or
141128.1 that is included in the assessment.

15(3) The facts that resulted in the charging of the penalty under
16Section 1128 or 1128.1.

17(w) To enable the Contractors’ State License Board to verify
18the employment history of an individual applying for licensure
19pursuant to Section 7068 of the Business and Professions Code.

20(x) To provide any peace officer with the Division of
21Investigation in the Department of Consumer Affairs information
22pursuant to subdivision (i) when the requesting peace officer has
23been designated by the chief of the Division of Investigation and
24requests this information in the course of and as part of an
25investigation into the commission of a crime or other unlawful act
26when there is reasonable suspicion to believe that the crime or act
27may be connected to the information requested and would lead to
28relevant information regarding the crime or unlawful act.

29(y) To enable the Labor Commissioner of the Division of Labor
30Standards Enforcement in the Department of Industrial Relations
31to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
32uninsured employers. The information shall be provided to the
33extent permitted by federal law and regulations.

34(z) To enable the Chancellor of the California Community
35Colleges, in accordance with the requirements of Section 84754.5
36of the Education Code, to obtain quarterly wage data, commencing
37January 1, 1993, on students who have attended one or more
38community colleges, to assess the impact of education on the
39employment and earnings of students, to conduct the annual
40evaluation of district-level and individual college performance in
P29   1achieving priority educational outcomes, and to submit the required
2reports to the Legislature and the Governor. The information shall
3be provided to the extent permitted by federal statutes and
4regulations.

5(aa) To enable the Public Employees’ Retirement System to
6seek criminal, civil, or administrative remedies in connection with
7the unlawful application for, or receipt of, benefits provided under
8Part 3 (commencing with Section 20000) of Division 5 of Title 2
9of the Government Code.

10(ab) To enable the State Department of Education, the University
11of California, the California State University, and the Chancellor
12of the California Community Colleges, pursuant to the
13requirements prescribed by the federal American Recovery and
14Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
15wage data, commencing July 1, 2010, on students who have
16attended their respective systems to assess the impact of education
17on the employment and earnings of those students, to conduct the
18annual analysis of district-level and individual district or
19postsecondary education system performance in achieving priority
20educational outcomes, and to submit the required reports to the
21Legislature and the Governor. The information shall be provided
22to the extent permitted by federal statutes and regulations.

23(ac) To provide the Agricultural Labor Relations Board with
24employee, wage, and employer information, for use in the
25investigation or enforcement of the
26Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
27Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
282 of the Labor Code). The information shall be provided to the
29extent permitted by federal statutes and regulations.

30(ad) (1) To enable the State Department of Health Care
31Services, the California Health Benefit Exchange, the Managed
32Risk Medical Insurance Board, and county departments and
33agencies to obtain information regarding employee wages,
34California employer names and account numbers, employer reports
35of wages and number of employees, and disability insurance and
36unemployment insurance claim information, for the purpose of:

37(A) Verifying or determining the eligibility of an applicant for,
38or a recipient of, state health subsidy programs, limited to the
39Medi-Cal Program, provided pursuant to Chapter 7 (commencing
40with Section 14000) of Part 3 of Division 9 of the Welfare and
P30   1Institutions Code; the Healthy Families Program, provided pursuant
2to Part 6.2 (commencing with Section 12693) of Division 2 of the
3Insurance Code; and the Access for Infants and Mothers Program,
4provided pursuant to Part 6.3 (commencing with Section 12695)
5of Division 2 of the Insurance Code; where the verification or
6determination is directly connected with, and limited to, the
7administration of the state health subsidy programs referenced in
8this subparagraph.

9(B) Verifying or determining the eligibility of an applicant for,
10or a recipient of, federal subsidies offered through the California
11Health Benefit Exchange, provided pursuant to Title 22
12(commencing with Section 100500) of the Government Code,
13including federal tax credits and cost-sharing assistance pursuant
14to the federal Patient Protection and Affordable Care Act (Public
15Law 111-148), as amended by the federal Health Care and
16Education Reconciliation Act of 2010 (Public Law 111-152), where
17the verification or determination is directly connected with, and
18 limited to, the administration of the California Health Benefit
19Exchange.

20(C) Verifying or determining the eligibility of employees and
21employers for health coverage through the Small Business Health
22Options Program, provided pursuant to Section 100502 of the
23Government Code, where the verification or determination is
24directly connected with, and limited to, the administration of the
25Small Business Health Options Program.

26(2) The information provided under this subdivision shall be
27subject to the requirements of, and provided to the extent permitted
28by, federal law and regulations, including Part 603 of Title 20 of
29the Code of Federal Regulations.

30(ae) To provide any peace officer with the Investigations
31Division of the Department of Motor Vehicles with information
32pursuant to subdivision (i), when the requesting peace officer has
33been designated by the Chief of the Investigations Division and
34requests this information in the course of, and as part of, an
35investigation into identity theft, counterfeiting, document fraud,
36or consumer fraud, and there is reasonable suspicion that the crime
37is a felony and that the information would lead to relevant evidence
38regarding the identity theft, counterfeiting, document fraud, or
39consumer fraud. The information provided pursuant to this
40subdivision shall be provided to the extent permitted by federal
P31   1law and regulations, and to the extent the information is available
2and accessible within the constraints and configurations of existing
3department records. Any person who receives any information
4under this subdivision shall make a written report of the
5 information to the Investigations Division of the Department of
6Motor Vehicles, for filing under the normal procedures of that
7division.

8(af) begin deleteTo end deletebegin insertUntil January 1, 2020, to end insertenable the Department of
9Finance to prepare and submit the report required by Section 13084
10of the Government Code that identifies all employers in California
11that employ 50 or more employees who receive benefits from
12begin delete either of the following programs:end delete the Medi-Cal program (Chapter
137 (commencing with Section 14000) of Part 3 of Division 9 of the
14Welfare and Institutionsbegin delete Code) or the CalFresh program (Chapter
1510 (commencing with Section 18900) of Part 6 of Division 9 of
16the Welfare and Institutions Code).end delete
begin insert Code).end insert The information used
17for this purpose shall be limited to information obtained pursuant
18to Section 11026.5 of the Welfare and Institutions Code and from
19the administration of personal income tax wage withholding
20pursuant to Division 6 (commencing with Section 13000) and the
21disability insurance program and may be disclosed to the
22Department of Finance only for the purpose of preparing and
23submitting the report and only to the extent not prohibited by
24federal law.

25(ag) To enable the Department of Corrections and Rehabilitation
26to obtain quarterly wage data of former inmates who have been
27incarcerated within the prison system in order to assess the impact
28of rehabilitation services or the lack of these services on the
29employment and earnings of these former inmates. Quarterly data
30for a former inmate’s employment status and wage history shall
31be provided for a period of one year, three years, and five years
32following release. The data shall only be used for the purpose of
33tracking outcomes for former inmates in order to assess the
34effectiveness of rehabilitation strategies on the wages and
35employment histories of those formerly incarcerated. The
36information shall be provided to the department to the extent not
37prohibited by federal law.

38

SEC. 3.8.  

Section 1095 of the Unemployment Insurance Code
39 is amended to read:

P32   1

1095.  

The director shall permit the use of any information in
2his or her possession to the extent necessary for any of the
3following purposes and may require reimbursement for all direct
4costs incurred in providing any and all information specified in
5this section, except information specified in subdivisions (a) to
6(e), inclusive:

7(a) To enable the director or his or her representative to carry
8out his or her responsibilities under this code.

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

10(c) To acquaint a worker or his or her authorized agent with his
11or her existing or prospective right to benefits.

12(d) To furnish an employer or his or her authorized agent with
13information to enable him or her to fully discharge his or her
14obligations or safeguard his or her rights under this division or
15Division 3 (commencing with Section 9000).

16(e) To enable an employer to receive a reduction in contribution
17rate.

18(f) To enable federal, state, or local governmental departments
19or agencies, subject to federal law, to verify or determine the
20eligibility or entitlement of an applicant for, or a recipient of, public
21social services provided pursuant to Division 9 (commencing with
22Section 10000) of the Welfare and Institutions Code, or Part A of
23Title IV of the federal Social Security Act (42 U.S.C. Sec. 601 et
24 seq.), where the verification or determination is directly connected
25with, and limited to, the administration of public social services.

26(g) To enable county administrators of general relief or
27assistance, or their representatives, to determine entitlement to
28locally provided general relief or assistance, where the
29determination is directly connected with, and limited to, the
30administration of general relief or assistance.

31(h) To enable state or local governmental departments or
32agencies to seek criminal, civil, or administrative remedies in
33connection with the unlawful application for, or receipt of, relief
34provided under Division 9 (commencing with Section 10000) of
35the Welfare and Institutions Code or to enable the collection of
36expenditures for medical assistance services pursuant to Part 5
37(commencing with Section 17000) of Division 9 of the Welfare
38and Institutions Code.

39(i) To provide any law enforcement agency with the name,
40address, telephone number, birth date, social security number,
P33   1physical description, and names and addresses of present and past
2employers, of any victim, suspect, missing person, potential
3witness, or person for whom a felony arrest warrant has been
4issued, when a request for this information is made by any
5investigator or peace officer as defined by Sections 830.1 and
6830.2 of the Penal Code, or by any federal law enforcement officer
7to whom the Attorney General has delegated authority to enforce
8federal search warrants, as defined under Sections 60.2 and 60.3
9of Title 28 of the Code of Federal Regulations, as amended, and
10when the requesting officer has been designated by the head of
11the law enforcement agency and requests this information in the
12course of and as a part of an investigation into the commission of
13a crime when there is a reasonable suspicion that the crime is a
14felony and that the information would lead to relevant evidence.
15The information provided pursuant to this subdivision shall be
16provided to the extent permitted by federal law and regulations,
17and to the extent the information is available and accessible within
18the constraints and configurations of existing department records.
19Any person who receives any information under this subdivision
20shall make a written report of the information to the law
21enforcement agency that employs him or her, for filing under the
22normal procedures of that agency.

23(1) This subdivision shall not be construed to authorize the
24release to any law enforcement agency of a general list identifying
25individuals applying for or receiving benefits.

26(2) The department shall maintain records pursuant to this
27subdivision only for periods required under regulations or statutes
28enacted for the administration of its programs.

29(3) This subdivision shall not be construed as limiting the
30information provided to law enforcement agencies to that pertaining
31only to applicants for, or recipients of, benefits.

32(4) The department shall notify all applicants for benefits that
33release of confidential information from their records will not be
34protected should there be a felony arrest warrant issued against
35the applicant or in the event of an investigation by a law
36enforcement agency into the commission of a felony.

37(j) To provide public employee retirement systems in California
38with information relating to the earnings of any person who has
39applied for or is receiving a disability income, disability allowance,
40or disability retirement allowance, from a public employee
P34   1retirement system. The earnings information shall be released only
2upon written request from the governing board specifying that the
3person has applied for or is receiving a disability allowance or
4disability retirement allowance from its retirement system. The
5request may be made by the chief executive officer of the system
6or by an employee of the system so authorized and identified by
7name and title by the chief executive officer in writing.

8(k) To enable the Division of Labor Standards Enforcement in
9the Department of Industrial Relations to seek criminal, civil, or
10administrative remedies in connection with the failure to pay, or
11the unlawful payment of, wages pursuant to Chapter 1
12(commencing with Section 200) of Part 1 of Division 2 of, and
13Chapter 1 (commencing with Section 1720) of Part 7 of Division
142 of, the Labor Code.

15(l) To enable federal, state, or local governmental departments
16or agencies to administer child support enforcement programs
17under Part D of Title IV of the federal Social Security Act (42
18U.S.C. Sec. 651 et seq.).

19(m) To provide federal, state, or local governmental departments
20or agencies with wage and claim information in its possession that
21will assist those departments and agencies in the administration
22of the Victims of Crime Program or in the location of victims of
23crime who, by state mandate or court order, are entitled to
24restitution that has been or can be recovered.

25(n) To provide federal, state, or local governmental departments
26or agencies with information concerning any individuals who are
27or have been:

28(1) Directed by state mandate or court order to pay restitution,
29fines, penalties, assessments, or fees as a result of a violation of
30law.

31(2) Delinquent or in default on guaranteed student loans or who
32owe repayment of funds received through other financial assistance
33programs administered by those agencies. The information released
34by the director for the purposes of this paragraph shall not include
35unemployment insurance benefit information.

36(o) To provide an authorized governmental agency with any or
37all relevant information that relates to any specific workers’
38compensation insurance fraud investigation. The information shall
39be provided to the extent permitted by federal law and regulations.
40For the purposes of this subdivision, “authorized governmental
P35   1agency” means the district attorney of any county, the office of
2the Attorney General, the Contractors’ State License Board, the
3Department of Industrial Relations, and the Department of
4Insurance. An authorized governmental agency may disclose this
5information to the State Bar, the Medical Board of California, or
6any other licensing board or department whose licensee is the
7subject of a workers’ compensation insurance fraud investigation.
8This subdivision shall not prevent any authorized governmental
9agency from reporting to any board or department the suspected
10misconduct of any licensee of that body.

11(p) To enable the Director of Consumer Affairs, or his or her
12representatives, to access unemployment insurance quarterly wage
13data on a case-by-case basis to verify information on school
14administrators, school staff, and students provided by those schools
15who are being investigated for possible violations of Chapter 8
16(commencing with Section 94800) of Part 59 of Division 10 of
17Title 3 of the Education Code.

18(q) To provide employment tax information to the tax officials
19of Mexico, if a reciprocal agreement exists. For purposes of this
20subdivision, “reciprocal agreement” means a formal agreement to
21exchange information between national taxing officials of Mexico
22and taxing authorities of the State Board of Equalization, the
23Franchise Tax Board, and the Employment Development
24Department. Furthermore, the reciprocal agreement shall be limited
25to the exchange of information that is essential for tax
26administration purposes only. Taxing authorities of the State of
27California shall be granted tax information only on California
28residents. Taxing authorities of Mexico shall be granted tax
29information only on Mexican nationals.

30(r) To enable city and county planning agencies to develop
31economic forecasts for planning purposes. The information shall
32be limited to businesses within the jurisdiction of the city or county
33whose planning agency is requesting the information, and shall
34not include information regarding individual employees.

35(s) To provide the State Department of Developmental Services
36with wage and employer information that will assist in the
37collection of moneys owed by the recipient, parent, or any other
38legally liable individual for services and supports provided pursuant
39to Chapter 9 (commencing with Section 4775) of Division 4.5 of,
40and Chapter 2 (commencing with Section 7200) and Chapter 3
P36   1 (commencing with Section 7500) of Division 7 of, the Welfare
2and Institutions Code.

3(t) To provide the State Board of Equalization with employment
4tax information that will assist in the administration of tax
5programs. The information shall be limited to the exchange of
6employment tax information essential for tax administration
7purposes to the extent permitted by federal law and regulations.

8(u) Nothing in this section shall be construed to authorize or
9permit the use of information obtained in the administration of this
10code by any private collection agency.

11(v) The disclosure of the name and address of an individual or
12business entity that was issued an assessment that included
13penalties under Section 1128 or 1128.1 shall not be in violation
14of Section 1094 if the assessment is final. The disclosure may also
15 include any of the following:

16(1) The total amount of the assessment.

17(2) The amount of the penalty imposed under Section 1128 or
181128.1 that is included in the assessment.

19(3) The facts that resulted in the charging of the penalty under
20Section 1128 or 1128.1.

21(w) To enable the Contractors’ State License Board to verify
22the employment history of an individual applying for licensure
23pursuant to Section 7068 of the Business and Professions Code.

24(x) To provide any peace officer with the Division of
25Investigation in the Department of Consumer Affairs information
26pursuant to subdivision (i) when the requesting peace officer has
27been designated by the chief of the Division of Investigation and
28requests this information in the course of and as part of an
29investigation into the commission of a crime or other unlawful act
30when there is reasonable suspicion to believe that the crime or act
31may be connected to the information requested and would lead to
32relevant information regarding the crime or unlawful act.

33(y) To enable the Labor Commissioner of the Division of Labor
34Standards Enforcement in the Department of Industrial Relations
35to identify, pursuant to Section 90.3 of the Labor Code, unlawfully
36uninsured employers. The information shall be provided to the
37extent permitted by federal law and regulations.

38(z) To enable the Chancellor of the California Community
39Colleges, in accordance with the requirements of Section 84754.5
40of the Education Code, to obtain quarterly wage data, commencing
P37   1January 1, 1993, on students who have attended one or more
2community colleges, to assess the impact of education on the
3employment and earnings of students, to conduct the annual
4evaluation of district-level and individual college performance in
5achieving priority educational outcomes, and to submit the required
6reports to the Legislature and the Governor. The information shall
7be provided to the extent permitted by federal statutes and
8regulations.

9(aa) To enable the Public Employees’ Retirement System to
10seek criminal, civil, or administrative remedies in connection with
11the unlawful application for, or receipt of, benefits provided under
12Part 3 (commencing with Section 20000) of Division 5 of Title 2
13of the Government Code.

14(ab) To enable the State Department of Education, the University
15of California, the California State University, and the Chancellor
16of the California Community Colleges, pursuant to the
17requirements prescribed by the federal American Recovery and
18Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly
19wage data, commencing July 1, 2010, on students who have
20attended their respective systems to assess the impact of education
21on the employment and earnings of those students, to conduct the
22annual analysis of district-level and individual district or
23postsecondary education system performance in achieving priority
24educational outcomes, and to submit the required reports to the
25Legislature and the Governor. The information shall be provided
26to the extent permitted by federal statutes and regulations.

27(ac) To provide the Agricultural Labor Relations Board with
28employee, wage, and employer information, for use in the
29investigation or enforcement of the
30Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
31Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
322 of the Labor Code). The information shall be provided to the
33extent permitted by federal statutes and regulations.

34(ad) (1) To enable the State Department of Health Care
35Services, the California Health Benefit Exchange, the Managed
36Risk Medical Insurance Board, and county departments and
37agencies to obtain information regarding employee wages,
38California employer names and account numbers, employer reports
39of wages and number of employees, and disability insurance and
40unemployment insurance claim information, for the purpose of:

P38   1(A) Verifying or determining the eligibility of an applicant for,
2or a recipient of, state health subsidy programs, limited to the
3Medi-Cal Program, provided pursuant to Chapter 7 (commencing
4with Section 14000) of Part 3 of Division 9 of the Welfare and
5Institutions Code; the Healthy Families Program, provided pursuant
6to Part 6.2 (commencing with Section 12693) of Division 2 of the
7Insurance Code; and the Access for Infants and Mothers Program,
8provided pursuant to Part 6.3 (commencing with Section 12695)
9of Division 2 of the Insurance Code; where the verification or
10determination is directly connected with, and limited to, the
11administration of the state health subsidy programs referenced in
12this subparagraph.

13(B) Verifying or determining the eligibility of an applicant for,
14or a recipient of, federal subsidies offered through the California
15Health Benefit Exchange, provided pursuant to Title 22
16(commencing with Section 100500) of the Government Code,
17including federal tax credits and cost-sharing assistance pursuant
18to the federal Patient Protection and Affordable Care Act (Public
19Law 111-148), as amended by the federal Health Care and
20Education Reconciliation Act of 2010 (Public Law 111-152), where
21the verification or determination is directly connected with, and
22 limited to, the administration of the California Health Benefit
23Exchange.

24(C) Verifying or determining the eligibility of employees and
25employers for health coverage through the Small Business Health
26Options Program, provided pursuant to Section 100502 of the
27Government Code, where the verification or determination is
28directly connected with, and limited to, the administration of the
29Small Business Health Options Program.

30(2) The information provided under this subdivision shall be
31subject to the requirements of, and provided to the extent permitted
32by, federal law and regulations, including Part 603 of Title 20 of
33the Code of Federal Regulations.

34(ae) To provide any peace officer with the Investigations
35Division of the Department of Motor Vehicles with information
36pursuant to subdivision (i), when the requesting peace officer has
37been designated by the Chief of the Investigations Division and
38requests this information in the course of, and as part of, an
39investigation into identity theft, counterfeiting, document fraud,
40or consumer fraud, and there is reasonable suspicion that the crime
P39   1is a felony and that the information would lead to relevant evidence
2regarding the identity theft, counterfeiting, document fraud, or
3consumer fraud. The information provided pursuant to this
4subdivision shall be provided to the extent permitted by federal
5law and regulations, and to the extent the information is available
6and accessible within the constraints and configurations of existing
7department records. Any person who receives any information
8under this subdivision shall make a written report of the
9information to the Investigations Division of the Department of
10Motor Vehicles, for filing under the normal procedures of that
11division.

12(af) begin deleteTo end deletebegin insertUntil January 1, 2020, to end insertenable the Department of
13Finance to prepare and submit the report required by Section 13084
14of the Government Code that identifies all employers in California
15that employ 50 or more employees who receive benefits from
16begin delete either of the following programs:end delete the Medi-Cal program (Chapter
177 (commencing with Section 14000) of Part 3 of Division 9 of the
18Welfare and Institutionsbegin delete Code) or the CalFresh program (Chapter
1910 (commencing with Section 18900) of Part 6 of Division 9 of
20the Welfare and Institutions Code).end delete
begin insert Code).end insert The information used
21for this purpose shall be limited to information obtained pursuant
22to Section 11026.5 of the Welfare and Institutions Code and from
23the administration of personal income tax wage withholding
24pursuant to Division 6 (commencing with Section 13000) and the
25disability insurance program and may be disclosed to the
26Department of Finance only for the purpose of preparing and
27submitting the report and only to the extent not prohibited by
28federal law.

29(ag) To provide, to the extent permitted by federal law and
30regulations, the Student Aid Commission with wage information
31in order to verify the employment status of an individual applying
32for a Cal Grant C award pursuant to subdivision (c) of Section
3369439 of the Education Code.

34(ah) To enable the Department of Corrections and Rehabilitation
35to obtain quarterly wage data of former inmates who have been
36incarcerated within the prison system in order to assess the impact
37of rehabilitation services or the lack of these services on the
38employment and earnings of these former inmates. Quarterly data
39for a former inmate’s employment status and wage history shall
40be provided for a period of one year, three years, and five years
P40   1following release. The data shall only be used for the purpose of
2tracking outcomes for former inmates in order to assess the
3effectiveness of rehabilitation strategies on the wages and
4employment histories of those formerly incarcerated. The
5information shall be provided to the department to the extent not
6prohibited by federal law.

7

SEC. 4.  

Section 11026.5 is added to the Welfare and
8Institutions Code
, to read:

9

11026.5.  

(a) To the extent not prohibited by federal law, the
10State Department of Health Care Services shall annually inform
11the Employment Development Department of the names and social
12security numbers of all recipients of the benefits of the Medi-Cal
13program (Chapter 7 (commencing with Sectionbegin delete 14000)) and
14CalFresh program (Chapter 10 (commencing with Section 18900)
15of Part 6).end delete
begin insert 14000)).end insert

16(b) The State Department of Health Care Services shall
17determine the average per individual cost of state and federally
18funded benefitsbegin delete acrossend deletebegin insert provided byend insert thebegin insert Medi-Calend insert program
19excluding administrative costsbegin delete described in subdivision (a)end deletebegin insert of the
20Medi-Cal programend insert
. These departments shall then inform the
21Employment Development Department of these costs in order for
22the Employment Development Department to calculate the
23information that is required to be reported pursuant to Section
2413084 of the Government Code.

begin insert

25(c) The State Department of Social Services shall, based on the
26most recent data available to the department, annually determine
27and provide the following information to the Employment
28Development Department, to the extent not prohibited by state and
29federal confidentiality statutes and regulations, in order for the
30Employment Development Department to provide data needed by
31the Department of Finance to compile the report required by
32Section 13084 of the Government Code:

end insert
begin insert

33(1) The percentage of individuals who are recipients of the
34Medi-Cal Program (Chapter 7 (commencing with Section 14000))
35who are also recipients of the CalFresh program (Chapter 10,
36commencing with Section 18900 of Part 6).

end insert
begin insert

37(2) The average individual CalFresh benefit for individuals who
38are members of households in which at least one member is
39employed.

end insert
begin insert

P41   1(d) This section shall remain in effect only until January 1, 2020,
2and as of that date is repealed.

end insert
3

SEC. 5.  

(a) Section 3.2 of this bill incorporates amendments
4to Section 1095 of the Unemployment Insurance Code proposed
5by both this bill and Senate Bill 1028. It shall only become
6operative if (1) both bills are enacted and become effective on or
7before January 1, 2015, (2) each bill amends Section 1095 of the
8Unemployment Insurance Code, and (3) Senate Bill 1141 is not
9enacted or as enacted does not amend that section, and (4) this bill
10is enacted after Senate Bill 1028, in which case Sections 3, 3.5,
11and 3.8 of this bill shall not become operative.

12(b) Section 3.5 of this bill incorporates amendments to Section
131095 of the Unemployment Insurance Code proposed by both this
14bill and Senate Bill 1141. It shall only become operative if (1) both
15bills are enacted and become effective on or before January 1,
162015, (2) each bill amends Section 1095 of the Unemployment
17Insurance Code, (3) Senate Bill 1028 is not enacted or as enacted
18does not amend that section, and (4) this bill is enacted after Senate
19Bill 1141 in which case Sections 3, 3.2, and 3.8 of this bill shall
20not become operative.

21(c) Section 3.8 of this bill incorporates amendments to Section
221095 of the Unemployment Insurance Code proposed by this bill,
23Senate Bill 1141, and Senate Bill 1028. It shall only become
24operative if (1) all three bills are enacted and become effective on
25or before January 1, 2015, (2) all three bills amend Section 1095
26of the Unemployment Insurance Code, and (3) this bill is enacted
27after Senate Bill 1141 and Senate Bill 1028, in which case Sections
283, 3.2, and 3.5 of this bill shall not become operative.

29

SEC. 6.  

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.



O

    93