BILL ANALYSIS �
AB 2513
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 2513 (Bonilla) - As Amended: March 29, 2012
SUBJECT : Licenses: foster children: identify theft
SUMMARY : Requires that a license for the operation of a
residential community care facility for the care of foster
children be forfeited by operation of law if the licensee is
convicted of identity theft.
EXISTING LAW
1)Under the California Community Care Facilities Act, provides
for the licensure and regulation of residential and
nonresidential community care facilities by the Department of
Social Services, including foster family homes, small family
homes, and foster family agencies.
2)Requires that a community care facility license be forfeited
by operation of law under specified circumstances, including
when the licensee is convicted of specified offenses,
including violent felonies and sexual offenses. Health &
Safety Code Section 1524.
3)Establishes crimes of identity theft, involving the obtaining
of personal identifying information of another person, and
using that information, or attempting to use that information
for an unlawful purpose. Penal Code Section 530.5
FISCAL EFFECT : Unknown
COMMENTS : According to the author,
Identity theft can derail a foster youth's ability to
successfully transition into adulthood, as it can
create costly and time-consuming barriers when
applying for jobs, housing, opening a bank account,
and applying for credit cards. Foster youth are
uniquely at risk to identity theft because their
personal information often changes hands during
childhood.
AB 2513
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As the author further notes, "�t]his can significantly hinder a
foster youth's ability to successfully transition to adulthood
upon their emancipation from the foster care system. Unlike
most transitioning teenagers, foster youth often do not have the
family support to help them build credit and become financially
independent."
A prior bill, AB 2985 (Maze), Chapter 387, Statutes of 2006,
required county welfare departments to request a credit report
for foster youth and to refer foster youth to an approved
organization that provides counseling services to victims of
identity theft if identity theft was suspected or discovered.
This bill would further help protect foster youth from identity
theft by requiring that a community care facility license be
forfeited if the licensee operates a residential facility for
the care of foster children and is convicted of identity theft.
Prior Legislation :
AB 2985 (Maze), Chapter 387 Statutes of 2006 - Enacted
requirements for county welfare departments to request a credit
report for foster youth and to refer foster youth to an approved
organization that provides counseling services to victims of
identity theft if identity theft was suspected or discovered.
AB 1324 (Bass 2009) - Would have made clarifications to AB 2985
that strengthen procedures for requesting credit reports and
handling suspected identity theft. AB 1324 was vetoed by
Governor Schwarzenegger on the grounds that it was premature
because AB 2985 had not yet been fully implemented.
AB 2698 (Block) of 2010 - Was substantially similar to AB 1324
but was also vetoed by Governor Schwarzenegger on similar
grounds.
AB 846 (Bonilla) of 2011 - Similarly to AB 2985 and AB 1324,
would clarify how county welfare departments are to request
consumer credit reports on youth in foster care and the
procedures of handling any identity theft that is suspected. AB
846 is on Suspense in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 2513
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None on file
Opposition
None on file
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089