BILL NUMBER: SB 1258 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 12, 2012
INTRODUCED BY Senators Wolk and Correa
(Coauthors: Senators Berryhill, Calderon, Cannella, Huff, Negrete
McLeod, Rubio, and Runner)
FEBRUARY 23, 2012
An act to add Section 713 to the Military and Veterans Code, and
to amend Section 1095 of the Unemployment Insurance Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
SB 1258, as amended, Wolk. Department of Veterans Affairs:
monitoring outcomes for veterans: Director of Employment Development:
disclosure of information.
Existing law establishes the Department of Veterans Affairs, which
is responsible for administering various programs and services for
the benefit of veterans.
This bill would require the Department of Veterans Affairs, for
the purpose of ensuring the adequacy of services being provided to
veterans and that the needs of veterans are being addressed in
California, to establish a system for monitoring specified
outcomes develop outcome indicators for veterans
, as specified . This bill would require the department
to submit reports report to the Senate
and Assembly Committees on Veterans Affairs on the
establishment of the system and on any outcomes for veterans
identified all of the outcome indicators developed
by the department, recommendations on ways to establish a
system for monitoring outcomes of veterans, and any regulatory or
fiscal barriers that may hinder future progress on the development of
a monitoring system, as provided.
Under existing law, the information obtained in the administration
of the Unemployment Insurance Law is for the exclusive use and
information of the Director of Employment Development in the
discharge of his or her duties and is not open to the public.
However, existing law requires the director to permit the use of
specified information for specified purposes, and allows the director
to require reimbursement for direct costs incurred. Existing law
provides that a person who knowingly accesses, uses, or discloses
this confidential information without authorization is guilty of a
misdemeanor.
This bill would require the Director of Employment Development to
permit the receipt of specified information to enable the Department
of Veterans Affairs to assess, monitor, or evaluate programs
involving develop outcome indicators for
veterans. By providing this information to the Department of Veterans
Affairs, this bill would expand the crime related to the
unauthorized disclosure of this information, and impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature in
enacting this act to authorize the California Department of Veterans
Affairs to receive information held by other state agencies as it
relates to outcomes for veterans in California, for purposes of
monitoring these outcomes and improving the operations of services
and programs intended to support the needs of veterans.
SECTION 1. SEC. 2. Section 713 is
added to the Military and Veterans Code, to read:
713. (a) The department shall, for the purpose of ensuring the
adequacy of services being provided to veterans and that the needs of
veterans are being addressed in California, establish a
system for monitoring outcomes develop outcome
indicators for veterans, including, but not limited to,
employment and employment-related information including employment
earnings, incidence of suicide, higher education including access to
higher education, involvement with the child welfare system, and
involvement with the criminal justice system.
(b) The department may receive any data, the access to which is
not restricted by any state or federal law, that is necessary to
monitor the outcomes develop outcome
indicators as specified in subdivision (a), including, but not
limited to, data held by other state agencies or departments.
(c) The department shall prescribe a manner in which to ensure the
confidentiality of information in the possession of the department
received pursuant to this section, that is equal to, or greater than,
the protections in place for data received by other state agencies
or departments.
(d) The department may establish one or more advisory bodies to
guide and inform the selection of outcomes and the strategy for
monitoring developing and reporting
those outcomes outcome indicators , as
determined by the Secretary of Veterans Affairs. An existing state
entity that involves diverse representation of state and local
veterans, including, but not limited to, the California Interagency
Council on Veterans, may act as an advisory body for purposes of this
section.
(e) (1) The department shall report to the Senate and Assembly
Committees on Veterans Affairs both of the following:
(A) (i) On or before March 1, 2015, the progress on the
establishment of the system required pursuant to subdivision (a). The
report shall specify any barriers faced by the department in
receiving the information necessary to report the outcomes for
veterans, and shall specify any outcomes identified by the department
as required pursuant to subdivision (a).
(ii) The requirement for submitting a report imposed under clause
(i) is inoperative on March 1, 2019, pursuant to Section 10231.5 of
the Government Code.
(B) (i) On or before March 1, 2016, and on or before March 1 of
each year thereafter, any outcomes identified by the department
pursuant to subdivision (a).
(ii) The
requirement for submitting a report imposed under clause (i) is
inoperative on March 1, 2020, pursuant to Section 10231.5 of the
Government Code , on or before March 1, 2015, all of
the outcome indicators developed by the department pursuant to
subdivision (a). The report shall also include recommendations on
ways to establish a system for monitoring outcomes of veterans,
including additional staffing or technology that might be necessary,
as well as any regulatory or fiscal barriers that may hinder future
progress on the development of a monitoring system .
(2) The reports report required to
be submitted pursuant to this subdivision shall be submitted in
compliance with Section 9795 of the Government Code.
(3) The requirement for submitting a report under paragraph (1) is
inoperative on March 1, 2019, pursuant to Section 10231.5 of the
Government Code.
SEC. 2. SEC. 3. Section 1095 of the
Unemployment Insurance Code is amended to read:
1095. The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
(a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
(b) To properly present a claim for benefits.
(c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
(d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
(e) To enable an employer to receive a reduction in contribution
rate.
(f) To enable federal, state, or local government departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Title IV of the Social Security Act, where the verification or
determination is directly connected with, and limited to, the
administration of public social services.
(g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, where the
determination is directly connected with, and limited to, the
administration of general relief or assistance.
(h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
(i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence. The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal law
and regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records. Any person who receives any information under
this subdivision shall make a written report of the information to
the law enforcement agency that employs him or her, for filing under
the normal procedures of that agency.
(1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
(2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
(3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
(4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
(j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
(k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
(l) To enable federal, state, or local governmental departments or
agencies to administer child support enforcement programs under
Title IV of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
(m) To provide federal, state, or local governmental departments
or agencies with wage and claim information in its possession that
will assist those departments and agencies in the administration of
the Victims of Crime Program or in the location of victims of crime
who, by state mandate or court order, are entitled to restitution
that has been or can be recovered.
(n) To provide federal, state, or local governmental departments
or agencies with information concerning any individuals who are or
have been:
(1) Directed by state mandate or court order to pay restitution,
fines, penalties, assessments, or fees as a result of a violation of
law.
(2) Delinquent or in default on guaranteed student loans or who
owe repayment of funds received through other financial assistance
programs administered by those agencies. The information released by
the director for the purposes of this paragraph shall not include
unemployment insurance benefit information.
(o) To provide an authorized governmental agency with any or all
relevant information that relates to any specific workers'
compensation insurance fraud investigation. The information shall be
provided to the extent permitted by federal law and regulations. For
the purposes of this subdivision, "authorized governmental agency"
means the district attorney of any county, the office of the Attorney
General, the Department of Industrial Relations, and the Department
of Insurance. An authorized governmental agency may disclose this
information to the State Bar of California, the Medical Board of
California, or any other licensing board or department whose licensee
is the subject of a workers' compensation insurance fraud
investigation. This subdivision shall not prevent any authorized
governmental agency from reporting to any board or department the
suspected misconduct of any licensee of that body.
(p) To enable the Director of the Bureau for Private Postsecondary
Education, or his or her representatives, to access unemployment
insurance quarterly wage data on a case-by-case basis to verify
information on school administrators, school staff, and students
provided by those schools who are being investigated for possible
violations of Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code.
(q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department. Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents. Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
(r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
(s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
(t) To provide the State Board of Equalization with employment tax
information that will assist in the administration of tax programs.
The information shall be limited to the exchange of employment tax
information essential for tax administration purposes to the extent
permitted by federal law and regulations.
(u) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by a private collection agency.
(v) The disclosure of the name and address of an individual or
business entity that was issued an assessment that included penalties
under Section 1128 or 1128.1 shall not be in violation of Section
1094 if the assessment is final. The disclosure may also include any
of the following:
(1) The total amount of the assessment.
(2) The amount of the penalty imposed under Section 1128 or 1128.1
that is included in the assessment.
(3) The facts that resulted in the charging of the penalty under
Section 1128 or 1128.1.
(w) To enable the Contractors' State License Board to verify the
employment history of an individual applying for licensure pursuant
to Section 7068 of the Business and Professions Code.
(x) To provide a peace officer with the Division of Investigation
in the Department of Consumer Affairs information pursuant to
subdivision (i) when the requesting peace officer has been designated
by the Chief of the Division of Investigation and requests this
information in the course of and as part of an investigation into the
commission of a crime or other unlawful act when there is reasonable
suspicion to believe that the crime or act may be connected to the
information requested and would lead to relevant information
regarding the crime or unlawful act.
(y) To enable the Labor Commissioner of the Division of Labor
Standards Enforcement in the Department of Industrial Relations to
identify, pursuant to Section 90.3 of the Labor Code, unlawfully
uninsured employers. The information shall be provided to the extent
permitted by federal law and regulations.
(z) To enable the Chancellor of the California Community Colleges,
in accordance with the requirements of Section 84754.5 of the
Education Code, to obtain quarterly wage data, commencing January 1,
1993, on students who have attended one or more community colleges,
to assess the impact of education on the employment and earnings of
students, to conduct the annual evaluation of district level and
individual college performance in achieving priority educational
outcomes, and to submit the required reports to the Legislature and
the Governor. The information shall be provided to the extent
permitted by federal statutes and regulations.
(aa) To enable the Public Employees' Retirement System to seek
criminal, civil, or administrative remedies in connection with the
unlawful application for, or receipt of, benefits provided under Part
3 (commencing with Section 20000) of Division 5 of Title 2 of the
Government Code.
(ab) To enable the State Department of Education, the University
of California, the California State University, and the Chancellor of
the California Community Colleges, pursuant to the requirements
prescribed by the federal American Recovery and Reinvestment Act of
2009 (Public Law 111-5), to obtain quarterly wage data, commencing
July 1, 2010, on students who have attended their respective systems
to assess the impact of education on the employment and earnings of
those students, to conduct the annual analysis of district level and
individual district or postsecondary education system performance in
achieving priority educational outcomes, and to submit the required
reports to the Legislature and the Governor. The information shall be
provided to the extent permitted by federal statutes and
regulations.
(ac) To enable the Department of Veterans Affairs to receive
quarterly wage data pursuant to the requirements of Section
713of 713 of the Military and Veterans Code. The
information shall be provided to the extent permitted by federal
law.
SEC. 3. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.