BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1141
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          SENATE THIRD READING
          SB 1141 (Hancock)
          As Amended  August 22, 2014
          Majority vote

           SENATE VOTE  :   37-0
            
           INSURANCE           13-0        APPROPRIATIONS      17-0        
           
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          |Ayes:|Perea, Hagman, Allen,     |Ayes:|Gatto, Bigelow,           |
          |     |Bradord,                  |     |Bocanegra, Bradford, Ian  |
          |     |Ian Calderon, Cooley,     |     |Calderon, Campos,         |
          |     |Dababneh, Frazier, Beth   |     |Donnelly, Eggman, Gomez,  |
          |     |Gaines, Gonzalez, Olsen,  |     |Holden, Jones, Linder,    |
          |     |V. Manuel Pérez,          |     |Pan, Quirk,               |
          |     |Wieckowski                |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Lowenthal                 |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Permits the Employment Development Department (EDD) to  
          share wage data with the California Department of Corrections  
          (CDCR) to evaluate the effectiveness of rehabilitation programs  
          and addresses chaptering out conflicts with SB 1028 (Jackson) of  
          the current legislative session, and AB 1792 (Gomez) of the  
          current legislative session.

           EXISTING LAW  :

          1)Prohibits, as a matter of federal law, the use of unemployment  
            insurance (UI) information by governmental agencies for non-UI  
            purposes unless there is a state law authorizing the use and  
            requiring other agencies to pay the cost of producing the UI  
            information.

          2)Provides for numerous data sharing agreements between EDD and  
            other agencies.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)Purpose.  According to the author, the goal of prison  
            rehabilitation programs is to not only decrease the overall  
            prison population, but also to release productive citizens out  








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            into society. Prisoners should be able to take the knowledge  
            and skills they learn while in prison and apply them to a job  
            once they have completed their sentences and are released into  
            the community. 
            Providing CDCR with access to wage and employment data of  
            former inmates will allow the department to assess which  
            rehabilitation programs are more successful or less successful  
            in preparing inmates for future employment. 

          2)CDCR Capability.  CDCR has indicated that its systems are  
            capable of using this data to provide informative reports  
            which will indicate the value of its rehabilitative programs.   
            The data can be used to provide an indication of the possible  
            gains inmates can achieve from participating in rehabilitative  
            programs.  CDCR has also indicated that it has sufficient  
            internal controls to limit the use of this data to program  
            evaluation purposes.  

          3)Legislative History.  A number of similar bills have been  
            enacted in recent years.  For example:

             a.   2013 - AB 908 (Bonilla), Chapter 553 - Allowed the  
               Department of Motor Vehicles to access EDD information in  
               the course of identity theft investigations.

             b.   2012 - AB 174 (Monning), Chapter 815 - Allowed the State  
               Department of Health Care Services, the California Health  
               Benefit Exchange, the Managed Risk Medical Insurance Board,  
               and county departments and agencies access to EDD records.   


             c.   2012 - SB 691 (Lieu), Chapter 832 - Allowed the  
               Contractors' State License Board and the Agricultural Labor  
               Relations Board access to EDD records.  

             d.   2008 - AB 1844 (Ed Hernandez), Chapter 369 - Implemented  
               various recommendations made by the Governors Public  
               Employee Post-Employment Benefits Commission, allowing PERS  
               access to EDD records to seek criminal, civil, or  
               administrative remedies in connection with the unlawful  
               application for, or receipt of, benefits.  

             e.   2007 - SB 869 (Ridley-Thomas), Chapter 662 - Allowed the  
               Labor Commissioner's Office access to EDD records to go  
               after employers who failed to obtain workers' compensation  








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               insurance.

             f.   2007 - AB 798 (Insurance Committee), Chapter 272 -  
               Authorized the Chancellor of the California Community  
               Colleges to obtain data from EDD on community college  
               students. 

           Analysis Prepared by  :    Paul Riches / INS. / (916) 319-2086

                                                                FN: 0005187