SB 58: Personal information: social security numbers: state agencies: Employment Development Department: fraud prevention.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-06-21
Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. Existing law, commencing on or before January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individuals social security number unless the number is truncated to its last 4 digits or in specified circumstances.
This bill would instead require, as soon as feasible, but not later than January 1, 2023, a state agency to stop sending any outgoing United States mail that contains an individuals social security number unless the number is truncated to its last 4 digits or in specified circumstances. The bill, commencing on or before October 1, 2021, would prohibit, with exceptions, the Employment Development Department from sending any outgoing United States mail to an individual containing the individuals social security number, unless that social security number is replaced with a modified unique identifier or the number is truncated to its last 4 digits.
Existing law creates, in the Labor and Workforce Development Agency, the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction with respect to job creation activities. Existing law requires the Director of Employment Development to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices doing certain things, including, but not limited to, providing little or no value in identifying or preventing fraud or abuse in the unemployment insurance program.
This bill would require the department, on or before January 1, 2022, to identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits. The bill would also require the department, on or before January 1, 2022, using existing resources, to designate a single unit responsible for coordinating fraud prevention and align the units duties with best practices for detecting and preventing fraud.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. Existing law, commencing on or before January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individuals social security number unless the number is truncated to its last 4 digits or in specified circumstances.
This bill, commencing on or before October 1, 2021, would prohibit, with exceptions, the Employment Development Department from sending any outgoing United States mail to an individual containing the individuals social security number, unless that social security number is replaced with a modified unique identifier or the number is truncated to its last 4 digits.
Existing law creates, in the Labor and Workforce Development Agency, the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction with respect to job creation activities. Existing law requires the Director of Employment Development to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices doing certain things, including, but not limited to, providing little or no value in identifying or preventing fraud or abuse in the unemployment insurance program.
This bill would require the department, on or before January 1, 2022, to identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits. The bill would also require the department, on or before January 1, 2022, using existing resources, to designate a single unit responsible for coordinating fraud prevention and align the units duties with best practices for detecting and preventing fraud.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. Existing law, commencing on or before January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individuals social security number unless the number is truncated to its last 4 digits or in specified circumstances.
This bill, commencing on or before ____, October 1, 2021, would prohibit prohibit, with exceptions, the Employment Development Department from sending any outgoing United States mail to an individual that contains any of its top three highest-volume mailed documents containing the individuals social security number, unless that social security number is replaced with a modified unique identifier. identifier or the number is truncated to its last 4 digits.
Existing law creates, in the Labor and Workforce Development Agency, the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction with respect to job creation activities. Existing law requires the Director of Employment Development to periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices doing certain things, including, but not limited to, providing little or no value in identifying or preventing fraud or abuse in the unemployment insurance program.
This bill would require the department, on or before January 1, 2022, to identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits. The bill would also require the department, on or before January 1, 2022, using existing resources, to designate a single unit responsible for coordinating fraud prevention and align the units duties with best practices for detecting and preventing fraud.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law prohibits a state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. Existing law, commencing on or before January 1, 2023, prohibits a state agency from sending any outgoing United States mail that contains an individuals social security number unless the number is truncated to its last 4 digits or in specified circumstances.
This bill, commencing on or before ____, would prohibit the Employment Development Department from sending any outgoing United States mail to an individual that contains any of its top three highest-volume mailed documents containing the individuals social security number, unless that social security number is replaced with a modified unique identifier.
This bill would declare that it is to take effect immediately as an urgency statute.
(a)A state agency shall not send any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.
(b)(1)Notwithstanding any other law, commencing on or before as soon as feasible, but not later than January 1, 2023, a state agency shall not send stop sending any outgoing United States mail to an individual that contains the individuals social security number unless the number is truncated to its last four digits, except in the following circumstances:
(A)Federal law requires inclusion of the social security number.
(B)The documents are mailed to a current or prospective state employee.
(C)An individual erroneously mailed a document containing a social security number to a state agency, and that state agency is returning the original document by certified or registered United States mail.
(D)The Controller is returning documents to an individual previously submitted by the individual pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(E)The document is sent in response to a valid request for access to personal information, pursuant to Section 1798.34 of the Civil Code.
(2)(A)On or before September 1, 2021, each state agency that mails an individuals full or truncated part of a social security number to that individual, other than as permitted by paragraph (1), shall report to the Legislature regarding when and why it does so.
(B)A state agency that, in its own estimation, is unable to comply with the requirements of paragraph (1) of this subdivision shall submit an annual corrective action plan to the Legislature until it is in compliance with that paragraph.
(C)A report required by subparagraph (A) of this paragraph or corrective action plan required by subparagraph (B) of this paragraph and communications made in connection with these documents that bear on what mailings do and do not contain an individuals social security number, are confidential and shall not be disclosed to the public pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(3)(A)The requirement for submitting a report imposed under subparagraph (A) of paragraph (2) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(c)(1)Notwithstanding subdivisions (a) and (b), commencing on or before October 1, 2021, the Employment Development Department shall not send any outgoing United States mail to an individual containing the individuals social security number, unless that social security number is replaced with a modified unique identifier or the number is truncated to its last four digits.
(2)This subdivision does not apply when the Employment Development Department is returning an individuals own documents or under one of the circumstances specified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b), as applicable.
(d)Outgoing United States mail for the purposes of this section includes correspondence sent via a common carrier, including, but not limited to, a package express service and a courier service.
(e)Notwithstanding subdivision (a) of Section 11000, state agency includes the California State University.
SEC. 2.Section 341 is added to the Unemployment Insurance Code, to read:341.(a)On or before January 1, 2022, the department shall identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits.
(b)On or before January 1, 2022, the department, using existing resources, shall designate a single unit responsible for coordinating fraud prevention and align the units duties with best practices for detecting and preventing fraud.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to detect and prevent fraud and protect and better safeguard the identities of millions of unemployment insurance claimants served by the Employment Development Department Californians as quickly as possible, it is necessary that this act take effect immediately.
(a)A state agency shall not send any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.
(b)(1)Notwithstanding any other law, commencing on or before January 1, 2023, a state agency shall not send any outgoing United States mail to an individual that contains the individuals social security number unless the number is truncated to its last four digits, except in the following circumstances:
(A)Federal law requires inclusion of the social security number.
(B)The documents are mailed to a current or prospective state employee.
(C)An individual erroneously mailed a document containing a social security number to a state agency, and the that state agency is returning the original document by certified or registered United States mail.
(D)The Controller is returning documents to an individual previously submitted by the individual pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(E)The document is sent in response to a valid request for access to personal information, pursuant to Section 1798.34 of the Civil Code.
(2)(A)On or before September 1, 2021, each state agency that mails an individuals full or truncated part of a social security number to that individual, other than as permitted by paragraph (1), shall report to the Legislature regarding when and why it does so.
(B)A state agency that, in its own estimation, is unable to comply with the requirements of paragraph (1) of this subdivision shall submit an annual corrective action plan to the Legislature until it is in compliance with that paragraph.
(C)A report required by subparagraph (A) of this paragraph or corrective action plan required by subparagraph (B) of this paragraph and communications made in connection with these documents that bear on what mailings do and do not contain an individuals social security number, are confidential and shall not be disclosed to the public pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(3)(A)The requirement for submitting a report imposed under subparagraph (A) of paragraph (2) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(c)(1)Notwithstanding subdivisions (a) and (b), commencing on or before October 1, 2021, the Employment Development Department shall not send any outgoing United States mail to an individual containing the individuals social security number, unless that social security number is replaced with a modified unique identifier or the number is truncated to its last four digits.
(2)This subdivision does not apply when the Employment Development Department is returning an individuals own documents or under one of the circumstances specified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b), as applicable.
(d)Outgoing United States mail for the purposes of this section includes correspondence sent via a common carrier, including, but not limited to, a package express service and a courier service.
(e)Notwithstanding subdivision (a) of Section 11000, state agency includes the California State University.
SEC. 2.Section 341 is added to the Unemployment Insurance Code, to read:341.(a)On or before January 1, 2022, the department shall identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits.
(b)On or before January 1, 2022, the department, using existing resources, shall designate a single unit responsible for coordinating fraud prevention and align the units duties with best practices for detecting and preventing fraud.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to detect and prevent fraud and protect and better safeguard the identities of millions of unemployment insurance claimants served by the Employment Development Department as quickly as possible, it is necessary that this act take effect immediately.
(a)A state agency shall not send any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.
(b)(1)Notwithstanding any other law, commencing on or before January 1, 2023, a state agency shall not send any outgoing United States mail to an individual that contains the individuals social security number unless the number is truncated to its last four digits, except in the following circumstances:
(A)Federal law requires inclusion of the social security number.
(B)The documents are mailed to a current or prospective state employee.
(C)An individual erroneously mailed a document containing a social security number to a state agency, and the state agency is returning the original document by certified or registered United States mail.
(D)The Controller is returning documents to an individual previously submitted by the individual pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(E)The document is sent in response to a valid request for access to personal information, pursuant to Section 1798.34 of the Civil Code.
(2)(A)On or before September 1, 2021, each state agency that mails an individuals full or truncated part of a social security number to that individual, other than as permitted by paragraph (1), shall report to the Legislature regarding when and why it does so.
(B)A state agency that, in its own estimation, is unable to comply with the requirements of paragraph (1) of this subdivision shall submit an annual corrective action plan to the Legislature until it is in compliance with that paragraph.
(C)A report required by subparagraph (A) of this paragraph or corrective action plan required by subparagraph (B) of this paragraph and communications made in connection with these documents that bear on what mailings do and do not contain an individuals social security number, are confidential and shall not be disclosed to the public pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(3)(A)The requirement for submitting a report imposed under subparagraph (A) of paragraph (2) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(c)(1)Notwithstanding subdivisions (a) and (b), commencing on or before ____, October 1, 2021, the Employment Development Department shall not send any outgoing United States mail to an individual that contains any of its top three highest-volume mailed documents containing the individuals social security number, unless that social security number is replaced with a modified unique identifier. identifier or the number is truncated to its last four digits.
(2)This subdivision does not apply when the Employment Development Department is returning an individuals own documents or under one of the circumstances specified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b), as applicable.
(d)Outgoing United States mail for the purposes of this section includes correspondence sent via a common carrier, including, but not limited to, a package express service and a courier service.
(e)Notwithstanding subdivision (a) of Section 11000, state agency includes the California State University.
SEC. 2.Section 341 is added to the Unemployment Insurance Code, to read:341.(a)On or before January 1, 2022, the department shall identify the fraud prevention efforts it can adjust to improve effectiveness during periods of high demand for benefits.
(b)On or before January 1, 2022, the department, using existing resources, shall designate a single unit responsible for coordinating fraud prevention and align the units duties with best practices for detecting and preventing fraud.
SEC. 2.SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to detect and prevent fraud and protect and better safeguard the identities of millions of unemployment insurance claimants served by the Employment Development Department as quickly as possible, it is necessary that this act take effect immediately.
(a)A state agency shall not send any outgoing United States mail to an individual that contains personal information about that individual, including, but not limited to, the individuals social security number, telephone number, drivers license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence.
(b)(1)Notwithstanding any other law, commencing on or before January 1, 2023, a state agency shall not send any outgoing United States mail to an individual that contains the individuals social security number unless the number is truncated to its last four digits, except in the following circumstances:
(A)Federal law requires inclusion of the social security number.
(B)The documents are mailed to a current or prospective state employee.
(C)An individual erroneously mailed a document containing a social security number to a state agency, and the state agency is returning the original document by certified or registered United States mail.
(D)The Controller is returning documents to an individual previously submitted by the individual pursuant to Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure.
(E)The document is sent in response to a valid request for access to personal information, pursuant to Section 1798.34 of the Civil Code.
(2)(A)On or before September 1, 2021, each state agency that mails an individuals full or truncated part of a social security number to that individual, other than as permitted by paragraph (1), shall report to the Legislature regarding when and why it does so.
(B)A state agency that, in its own estimation, is unable to comply with the requirements of paragraph (1) of this subdivision shall submit an annual corrective action plan to the Legislature until it is in compliance with that paragraph.
(C)A report required by subparagraph (A) of this paragraph or corrective action plan required by subparagraph (B) of this paragraph and communications made in connection with these documents that bear on what mailings do and do not contain an individuals social security number, are confidential and shall not be disclosed to the public pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(3)(A)The requirement for submitting a report imposed under subparagraph (A) of paragraph (2) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.
(B)A report to be submitted pursuant to subparagraph (A) or (B) of paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code.
(c)Notwithstanding subdivisions (a) and (b), commencing on or before ____, the Employment Development Department shall not send any outgoing United States mail to an individual that contains any of its top three highest-volume mailed documents containing the individuals social security number, unless that social security number is replaced with a modified unique identifier.
(c)(d)Outgoing United States mail for the purposes of this section includes correspondence sent via a common carrier, including, but not limited to, a package express service and a courier service.
(d)(e)Notwithstanding subdivision (a) of Section 11000, state agency includes the California State University.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect and better safeguard the identities of millions of unemployment insurance claimants served by the Employment Development Department as quickly as possible, it is necessary that this act take effect immediately.
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Date
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Status
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|---|---|
| Aug 26, 2021 | August 26 hearing: Held in committee and under submission. |
| Jul 7, 2021 | July 7 set for first hearing. Placed on suspense file. |
| Jun 24, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 24). Re-referred to Com. on APPR. |
| Jun 21, 2021 | Read second time and amended. Re-referred to Com. on INS. |
| Jun 17, 2021 | From committee: Do pass as amended and re-refer to Com. on INS. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 17). |
| May 20, 2021 | Referred to Coms. on P. & C.P. and INS. |
| May 10, 2021 | In Assembly. Read first time. Held at Desk. |
| May 10, 2021 | Read third time. Urgency clause adopted. Passed. (Ayes 37. Noes 0. Page 1059.) Ordered to the Assembly. |
| May 5, 2021 | Read second time. Ordered to consent calendar. |
| May 4, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 27, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Apr 21, 2021 | Set for hearing May 3. |
| Apr 19, 2021 | April 19 hearing postponed by committee. |
| Apr 6, 2021 | Set for hearing April 19. |
| Mar 24, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 590.) (March 23). Re-referred to Com. on APPR. |
| Mar 15, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Mar 11, 2021 | Set for hearing March 23. |
| Mar 9, 2021 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 406.) (March 8). Re-referred to Com. on JUD. |
| Feb 22, 2021 | Set for hearing March 8. |
| Jan 28, 2021 | Referred to Coms. on L., P.E. & R. and JUD. |
| Dec 8, 2020 | From printer. May be acted upon on or after January 7. |
| Dec 7, 2020 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| May 10, 2021 | Consent Calendar SB58 Wilk et al. Urgency Clause | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
