SB 1409, as amended, 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 notificationbegin insert to the individual who is determined to be legally issued that social security number that a duplicate attempt was made to use that number and a notificationend insert 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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6
(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.
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(b) (1) Within 30 days of a determination made pursuant to
15subdivision (a), the department shall notify the individual who is
16determined to be legally issued that social security number that a
17duplicate attempt was made to use his or her social security
18number.
19(b)
end delete
20begin insert(2)end insert Within 30 days of a determination made pursuant to
21subdivision (a), the department shall notify thebegin delete nonlegalend delete user or
22users of that social security number who are not the individual
23legally issued that social security number that they must cease and
24desist in using that social security number and that willful use of
25that social security number after receipt of the notification may
26violate state law. Additionally, the department shall notify that
27user that he or she can obtain a social security number from the
28Social Security Administration to continue to pursue benefits he
29or she may be legally entitled.
30(c) The
Director of the Employment Development Department
31shall keep a record of social security numbers that have been used
32by more than one individual, the date of discovery of duplicate
33use, the date a notice was issued pursuant tobegin insert paragraph (2) ofend insert
34 subdivision (b), and any further discoveries by the department of
35additional uses of that social security number by more than one
P3 1user after a notice was issued. That list shall be updated every six
2months.
3(d) (1) The department shall submit a report to the Legislature
4on or before January 1, 2018, and on or before January 1 each year
5thereafter that contains the information in the record described in
6subdivision (c), except that social security numbers shall be
7redacted.
8(2) A report to be submitted pursuant to paragraph (1) shall be
9submitted in compliance with Section 9795 of the Government
10Code.
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