BILL NUMBER: SB 1409	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Morrell

                        FEBRUARY 19, 2016

   An act to add Division 6.5 (commencing with Section 13500) to the
Unemployment Insurance Code, relating to employment administration.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  Division 6.5 (commencing with Section 13500) is added
to the Unemployment Insurance Code, to read:

      DIVISION 6.5.  Additional Duties of the Employment Development
Department


      CHAPTER 1.  DUPLICATE USE OF SOCIAL SECURITY NUMBERS


   13500.  (a) If the Employment Development Department discovers
that more than one individual is using a social security number, the
department shall determine which user is the individual legally
issued that social security number within 60 days of that discovery.
   (b) Within 30 days of a determination made pursuant to subdivision
(a), the department shall notify the nonlegal user or users of that
social security number who are not the individual legally issued that
social security number that they must cease and desist in using that
social security number and that willful use of that social security
number after receipt of the notification may violate state law.
Additionally, the department shall notify that user that he or she
can obtain a social security number from the Social Security
Administration to continue to pursue benefits he or she may be
legally entitled.
   (c) The Director of the Employment Development Department shall
keep a record of social security numbers that have been used by more
than one individual, the date of discovery of duplicate use, the date
a notice was issued pursuant to subdivision (b), and any further
discoveries by the department of additional uses of that social
security number by more than one user after a notice was issued. That
list shall be updated every six months.
   (d) (1) The department shall submit a report to the Legislature on
or before January 1, 2018, and on or before January 1 each year
thereafter that contains the information in the record described in
subdivision (c), except that social security numbers shall be
redacted.
   (2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.