SB 1409, as introduced, Morrell. Employment Development Department: administration: social security numbers: report.
Existing law requires the Employment Development Department within the Labor and Workforce Development Agency to administer various programs, including the state unemployment and disability compensation programs, and perform duties relating to income tax withholding, which require the furnishment of social security numbers of employees or other individuals.
This bill would require, if the department discovers that more than one individual is using a social security number, the department to determine which user is legally issued that number within 60 days of discovery, and to provide a notification containing specified information to the other users of that number within 30 days of making that determination. This bill would also require the department to keep a record of those numbers and dates of discoveries and notices, as specified, and would require the department to submit a report to the Legislature on or before January 1, 2018, and annually thereafter regarding that record, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Division 6.5 (commencing with Section 13500)
2is added to the Unemployment Insurance Code, to read:
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(a) If the Employment Development Department
10discovers that more than one individual is using a social security
11number, the department shall determine which user is the individual
12legally issued that social security number within 60 days of that
13discovery.
14(b) Within 30 days of a determination made pursuant to
15subdivision (a), the department shall notify the nonlegal user or
16users of that social security number who are not the individual
17legally issued that social security number that they must cease and
18desist in using that social security number and that willful use of
19that social security number after receipt of the notification may
20violate state law. Additionally, the department shall notify that
21user that he or she can obtain a social
security number from the
22Social Security Administration to continue to pursue benefits he
23or she may be legally entitled.
24(c) The Director of the Employment Development Department
25shall keep a record of social security numbers that have been used
26by more than one individual, the date of discovery of duplicate
27use, the date a notice was issued pursuant to subdivision (b), and
28any further discoveries by the department of additional uses of
29that social security number by more than one user after a notice
30was issued. That list shall be updated every six months.
31(d) (1) The department shall submit a report to the Legislature
32on or before January 1, 2018, and on or before January 1 each year
33thereafter that contains the information in the record described in
34subdivision (c), except that social security numbers shall be
35redacted.
P3 1(2) A report to be submitted pursuant to paragraph (1) shall be
2submitted in compliance with Section 9795 of the Government
3Code.
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