BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 447|
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                              UNFINISHED BUSINESS


          Bill No:  SB 447
          Author:   DeSaulnier (D)
          Amended:  8/24/12
          Vote:     21

           
          ALL PRIOR VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    State agencies:  social security numbers

           SOURCE  :     Author


           DIGEST  :    This bill prohibits a state agency from sending 
          any communication to any individual that contains more than 
          the last four digits of the social security number (SSN) of 
          that individual, unless required by federal law, beginning 
          January 1, 2015. 

           Assembly Amendments  delete the Senate version of the bill 
          relating to housing and replaces it with the above 
          language.

           ANALYSIS  :    Existing law prohibits a person or entity from 
          printing an individual's SSN on any material mailed to 
          individuals, unless required by state or federal law.  SSNs 
          may be included in applications and forms sent by mail, 
          including documents sent as part of an application or 
          enrollment process, to establish, amend, or terminate an 
          account, contract, or policy, or to confirm the accuracy of 
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          a SSN.  A SSN that is permitted to be mailed may not be 
          printed, in whole or in part, on a postcard or other mailer 
          not requiring an envelope, or visible either on the 
          envelope or without opening the envelope.

           Comments
           
          In September 2005, the United States Government 
          Accountability Office issued a report, Social Security 
          Numbers:  Federal and State Laws Restrict Use of SSNs, yet 
          Gaps Remain, which found that "SSN use is widespread. 
          Agencies at all levels of government frequently collect and 
          use SSNs to administer their programs, verify applicants' 
          eligibility for services and benefits, and perform research 
          and evaluations of their programs. Although some government 
          agencies are taking steps to limit the use and display of 
          SSNs, these numbers are still available in a variety of 
          public records held by states, local jurisdictions, and 
          courts?

          "In 2001, California enacted a law to restrict the use and 
          display of SSNs. The law generally prohibits companies and 
          persons from engaging in certain activities? including 
          printing SSNs on anything mailed to a customer unless 
          required by law or (if) the document is a form or 
          application." 

          According to California's Office of Privacy Protection, 
          there were more than 8.1 million identity theft victims in 
          the U.S. in 2010, and more than one million of those 
          victims were Californians. According to the U.S. Federal 
          Trade Commission, in 2010, there were 38,148 identity theft 
          complaints from California victims. Of those victims, 6,142 
          reported that their identity theft was related to 
          government documents or benefits fraud, ranking as the 
          second-leading type of identity theft behind credit card 
          fraud. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Assembly Appropriations Committee, the 
          Employment Development Department is one of the few major 
          agencies that still use SSNs on its correspondence. Costs 







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          associated with revising forms and reprogramming for the 
          Unemployment Insurance (UI) and Disability Insurance 
          programs alone would be in the range of $5 million �federal 
          UI Administrative Grant and General Fund (GF)].  It is 
          unlikely that the California's Federal UI Administrative 
          Grant will be able to cover the costs of the automation 
          changes.   On-time costs for California State Universities 
          of approximately $3 million GF for the automation changes 
          required by this legislation. 

          DLW:n   8/28/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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