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					                                                                                    AB 908
                                                                                    Page 1

Date of Hearing: April 10, 2013

                       ASSEMBLY COMMITTEE ON INSURANCE
                                   Henry T. Perea, Chair
                     AB 908 (Bonilla) – As Introduced: February 22, 2013

SUBJECT: Employment Development Department (EDD): Information Sharing

SUMMARY: Permits EDD to share information with the Department of Motor Vehicles
(DMV). Specifically, this bill:

1) Permits EDD to share information with peace officers employed by the DMV Investigations
   Division.

2) Requires that any request for EDD information be made by a peace officer designated by the
   Chief of the DMV Investigations Division.

3) Requires that DMV only request information from EDD as part of an investigation into
   identity theft, counterfeiting, document fraud, or consumer fraud and that there is a
   reasonable suspicion that the information requested is relevant to the investigation.

EXISTING LAW:

1) Requires EDD to share information with a number other government agencies to:

       a) Aid in determining an individual's eligibility for government benefits.

       b) Gather information needed for research purposes.

       c) Assist the investigations conducted by these agencies.

2) Requires agencies to reimburse EDD for the cost of sharing the information.

FISCAL EFFECT: Unknown.

COMMENTS:

1) Purpose. According to the author, identity theft and criminal activity associated with it using
   California driver license or identification cards has been a long-term and growing problem.
   Identify theft costs American businesses and consumers a reported $50 billion a year, causing
   untold difficulties for an estimated 10 million U.S. victims every year. It is critical that
   DMV utilize every investigative tool available in its efforts to investigate crimes associated
   with identity theft, counterfeiting, and document or consumer fraud. When DMV is unable
   to use the best resources available to protect the validity of its driver license and vehicle
   registration records, DMV not only places its database in jeopardy, but the databases and
   security of all other agencies relying upon it.
                                                                                 AB 908
                                                                                 Page 2

2) Legislative History. A number of similar bills have been enacted in recent years. For
   example:

   a) 2012 -- AB 174 (Monning) -- Allowed the State Department of Health Care Services, the
      California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and
      county departments and agencies access to EDD records.

   b) 2012 -- SB 691 (Lieu) -- Allowed the Contractors’ State License Board and the
      Agricultural Labor Relations Board access to EDD records.

   c) 2008 -- AB 1844 (Hernández) -- Implemented various recommendations made by the
      Governors Public Employee Post-Employment Benefits Commission, allowing PERS
      access to EDD records to seek criminal, civil, or administrative remedies in connection
      with the unlawful application for, or receipt of, benefits.

   d) 2007 -- SB 869 (Ridley-Thomas) -- Allowed the Labor Commissioner’s Office access to
      EDD records to go after employers who failed to obtain workers' compensation
      insurance.

   e) 2007 -- AB 798 (Committee on Insurance) -- Authorized the Chancellor of the California
      Community Colleges to obtain data from the EDD on community college students.

REGISTERED SUPPORT / OPPOSITION:

Support

California Statewide Law Enforcement Association

Opposition

None received

Analysis Prepared by:   Paul Riches / INS. / (916) 319-2086

				
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