Bill Text: CA AB1792 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public benefits: reports on employers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 889, Statutes of 2014. [AB1792 Detail]
Download: California-2013-AB1792-Amended.html
Bill Title: Public benefits: reports on employers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 889, Statutes of 2014. [AB1792 Detail]
Download: California-2013-AB1792-Amended.html
BILL NUMBER: AB 1792 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED IN ASSEMBLY APRIL 1, 2014
INTRODUCED BY Assembly Member Gomez
FEBRUARY 18, 2014
An act to add Section 13084 to the Government Code, to amend
Section 1095 of the Unemployment Insurance Code, and to add Section
11026.5 to the Welfare and Institutions Code, relating to public
benefits.
LEGISLATIVE COUNSEL'S DIGEST
AB 1792, as amended, Gomez. Public benefits: reports on employers.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, and
under which qualified low-income persons receive health care
benefits. The Medi-Cal program is governed, in part, by federal
Medicaid provisions.
Existing law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), under which each county distributes
nutrition assistance benefits provided by the federal government to
eligible households. In California, federal nutrition assistance
benefits are administered through CalFresh. Existing law requires
that the eligibility of households be determined to the extent
permitted by federal law, and requires the State Department of Social
Services to establish a program of categorical eligibility for
CalFresh in accordance with federal law.
This bill would require the State Department of Health Care
Services to annually inform the Employment Development Department of
the names and social security numbers of all recipients of the
above-described public assistance programs. The bill would require
the State Department of Health Care Services and the State
Department of Social Services to determine the average per
individual cost of state and federally funded benefits across the
above-described programs and inform the Employment Development
Department of these costs. The bill would require the Employment
Development Department to collaborate with the State Department of
Health Care Services and the State Department of Social
Services to determine the total cost of state and federally
funded benefits provided to each identified employer's employees, as
specified. The bill would define an employer as an individual or
organization that employs 50 or more beneficiaries of the
above-described public assistance programs.
The bill would also require the Department of Finance to, after
obtaining specified information from the Employment Development
Department, annually transmit to the Legislature and post on the
department's Internet Web site a report no later than the 3rd week of
January of each year beginning in 2016 that, among other things,
identifies employers that employ 50 or more beneficiaries in the
state.
Under existing law, the information obtained in the administration
of the Unemployment Insurance Code 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 permits the use of the 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 use of specified information in his or her possession by
the Department of Finance to prepare and submit the above-described
report. By requiring this information to be provided to the
Department of Finance for these purposes, this bill would expand the
crime of unauthorized access, use, or disclosure of this information,
and would impose a state-mandated local program.
This bill would prohibit an employer from discharging or in any
manner discriminating or retaliating against an employee who enrolls
in a public assistance program and from refusing to hire a
beneficiary for reason of being enrolled in a public assistance
program.
This bill would prohibit an employer from disclosing to a
nongovernmental entity that an employee receives or is applying for
public benefits.
This bill would incorporate additional changes to Section 1095 of
the Unemployment Insurance Code proposed by SB 1028 and SB 1141, to
be operative if this bill and one or both of the other bills are
enacted and become effective on or before January 1, 2015, and this
bill is enacted last.
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. (a) The Legislature finds and declares all of the
following:
(1) Public benefit programs are essential to provide Californians
with access to fresh, healthy food, quality health coverage, basic
needs, cash assistance, child care, and income supports, among other
benefits.
(2) The state needs to preserve and expand public benefit programs
to ensure that no Californian has to go hungry or forego medical
care because he or she cannot afford these basic life necessities.
(3) In 2013, California had the highest number of working poor
families in the country. More than one-third of the state's working
families are low income, making less than 200 percent of the federal
poverty line.
(4) When low wages and a lack of benefits leave workers unable to
make ends meet, they turn to public assistance programs for health
care, food, and other basic necessities.
(5) Employers that pay low wages and offer no benefits shift the
costs of doing business onto taxpayers.
(6) Large, profitable employers should pay wages and benefits that
do not impoverish workers or shift costs onto taxpayers.
(7) Employers that shift the costs of their business expenses onto
taxpayers put responsible employers at a competitive disadvantage,
creating an unfair playing field for business in the state.
(8) To promote a deeper understanding of the causes and sources of
underemployment, poverty wages, and the economic impacts on
Californians, business, and the state budget, it is appropriate for
policymakers to possess a broader set of empirical data with which to
make informed decisions.
(b) Therefore, it is the intent of the Legislature to do all of
the following:
(1) Produce a report on employers that have employees enrolled in
public assistance programs and on the cost to the state of providing
those benefits.
(2) Use the report described in paragraph (1), along with other
studies related to labor trends, to analyze practices within industry
sectors detrimental to economic competitiveness in the marketplace.
(3) Ensure that all Californians have access to public benefit
programs that safeguard their identity and privacy and ensure that
receipt of public benefits never is the cause of workplace
discrimination.
(4) Develop policies to decrease the number of working poor in
California by increasing the quality of jobs and employment
opportunities and informed employment and training programs.
(5) Use the data contained within the report to promote sound and
reasonable policies to ensure that employers do not shift the
responsibility for providing health care and basic necessities for
their workers onto taxpayers through the use of the data contained
within the report to develop reasonable and sound policies.
(6) Ensure that no worker is discriminated or retaliated against
for the reason of being enrolled in a public benefit program.
SEC. 2. Section 13084 is added to the Government Code, to read:
13084. (a) For purposes of this section, the following
definitions shall apply:
(1) "Beneficiary" means an individual who is both of the
following:
(A) Has been enrolled in a public assistance program for six
consecutive months within the preceding budget year, unless the
individual is enrolled by reason of disability or being over 65 years
of age.
(B) Employed by an employer for at least one quarter or three
months.
(2) (A) "Employer" means an individual or type of organization
that employs for wages and salary 50 or more beneficiaries to work in
this state and includes all of the members of a controlled group of
corporations as defined in Section 1563(a) of the Internal Revenue
Code, except that "more than 50 percent" shall be substituted for "at
least 80 percent" each place it appears in Section 1563(a)(1) of the
Internal Revenue Code, and the determination shall be made without
regard to Sections 1563(a)(4) and 1563(e)(3)(C) of the Internal
Revenue Code.
(B) "Employer" shall include the state, a city, county, city and
county, district, or any other governmental employer.
(3) "Public assistance program" means the Medi-Cal program
(Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of
the Welfare and Institutions Code) and CalFresh program (Chapter 10
(commencing with Section 18900) of Part 6 of Division 9 of the
Welfare and Institutions Code).
(b) The department shall, after obtaining the information from the
Employment Development Department described in paragraphs (1) to
(6), inclusive, annually transmit to the Legislature and post on the
department's Internet Web site no later than the third week of
January of each year beginning in 2016, a report that includes the
information described in paragraphs (1) to (7), inclusive. The report
shall list employers in descending order of total cost of benefits.
The report shall be submitted to the Legislature pursuant to Section
9795. The report shall include all of the following:
(1) The employer's name.
(2) The employer's address, as filed with the Employment
Development Department.
(3) The number of beneficiaries each employer employs for each
public assistance program and the total number of beneficiaries each
employer employs, not double-counting beneficiaries who are enrolled
in each program.
(4) The percentage of the employer's total workforce in the state
that are beneficiaries.
(5) The total average cost of state and federally funded benefits
provided to an identified employer's employees who are beneficiaries
under each public assistance program calculated using the average per
individual cost of state and federally funded benefits excluding
administrative costs.
(6) The total average cost of state and federally funded benefits
provided to each identified employer's employees who are
beneficiaries calculated using the average per individual cost of
state and federally funded benefits excluding administrative costs.
(7) The methodology used by the department, the Employment
Development Department, and the State Department of
Social Services, and the State Department of
Health Care Services to calculate the total average cost of state and
federally funded benefits provided to an identified employer's
employees who are beneficiaries.
(c) The Employment Development Department, in collaboration with
the State Department of Health Care Services and the State
Department of Social Services, shall determine the total
costs to the state described in paragraphs (5) and (6) of subdivision
(b) using the average per individual cost of state and federally
funded benefits provided by the State Department of Social
Services and the State Department of Health Care Services
to the Employment Development Department.
(d) (1) The report, and any list provided to the department, shall
not include the name or identifying information of an individual
beneficiary.
(2) The report shall remain available to the public on the
department's Internet Web site for at least five years.
(e) Nothing in this section shall be construed to authorize an
employer to discourage or prevent an employee from enrolling or
continuing enrollment in a public benefit program while employed nor
to discriminate against an applicant for employment or employee for
applying to be or being enrolled in a public assistance program.
(f) The department and the Employment Development Department shall
be permitted access to, and be provided data and information from,
other state agencies as required to implement this section, to the
extent not prohibited by state and federal confidentiality statutes
and regulations. The department may enter into interagency agreements
or adopt regulations as are reasonably necessary to implement this
section.
(g) (1) An employer shall not discharge or in any manner
discriminate or retaliate against an employee who enrolls in a public
assistance program and shall not refuse to hire a beneficiary for
reason of being enrolled in a public assistance program.
(2) An employer shall not disclose to a nongovernmental entity
that an employee receives or is applying for public benefits.
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 governmental 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,
federal Social Security Act (42 U.S.C. Sec. 601 et seq.), 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
Part D of Title IV of the federal 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 Contractors' State License Board, the Department of
Industrial Relations, and the Department of Insurance. An authorized
governmental agency may disclose this information to the State Bar,
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, Consumer Affairs, 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 any 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 any 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 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 provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code). The information shall
be provided to the extent permitted by federal statutes and
regulations.
(ad) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages and number of employees,
and disability insurance and unemployment insurance claim
information, for the purpose of:
(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal Program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code; the Healthy Families Program, provided pursuant to
Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance Code; and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the Insurance Code; where the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.
(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), where the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, where the verification or determination is directly
connected with, and limited to, the administration of the Small
Business Health Options Program.
(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division
of the Department of Motor Vehicles with information pursuant to
subdivision (i), when the requesting peace officer has been
designated by the Chief of the Investigations Division and requests
this information in the course of, and as part of, an investigation
into identity theft, counterfeiting, document fraud, or consumer
fraud, and there is reasonable suspicion that the crime is a felony
and that the information would lead to relevant evidence regarding
the identity theft, counterfeiting, document fraud, or consumer
fraud. 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 Investigations Division
of the Department of Motor Vehicles, for filing under the normal
procedures of that division.
(af) To enable the Department of Finance to prepare and submit the
report required by Section 13084 of the Government Code that
identifies all employers in California that employ 50 or more
employees who receive benefits from any
either of the following programs: the Medi-Cal program (Chapter
7 (commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code) and or the
CalFresh program (Chapter 10 (commencing with Section 18900) of
Part 6 of Division 9 of the Welfare and Institutions Code). The
information used for this purpose shall be limited to information
obtained pursuant to Section 11026.5 of the Welfare and Institutions
Code and from the administration of personal income tax wage
withholding pursuant to Division 6 (commencing with Section 13000)
and the disability insurance program and may be disclosed to the
Department of Finance only for the purpose of preparing and
submitting the report and only to the extent not prohibited by
federal law.
SEC. 3.2. 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
governmental 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, federal Social Security
Act (42 U.S.C. Sec. 601 et seq.), 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
Part D of Title IV of the federal 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 Contractors' State License Board, the Department of
Industrial Relations, and the Department of Insurance. An authorized
governmental agency may disclose this information to the State Bar,
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, Consumer Affairs, 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 any 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 any 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 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 provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code). The information shall
be provided to the extent permitted by federal statutes and
regulations.
(ad) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages and number of employees,
and disability insurance and unemployment insurance claim
information, for the purpose of:
(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal Program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code; the Healthy Families Program, provided pursuant to
Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance Code; and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the Insurance Code; where the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.
(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), where the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, where the verification or determination is directly
connected with, and limited to, the administration of the Small
Business Health Options Program.
(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division
of the Department of Motor Vehicles with information pursuant to
subdivision (i), when the requesting peace officer has been
designated by the Chief of the Investigations Division and requests
this information in the course of, and as part of, an investigation
into identity theft, counterfeiting, document fraud, or consumer
fraud, and there is reasonable suspicion that the crime is a felony
and that the information would lead to relevant evidence regarding
the identity theft, counterfeiting, document fraud, or consumer
fraud. 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 Investigations Division
of the Department of Motor Vehicles, for filing under the normal
procedures of that division.
(af) To enable the Department of Finance to prepare and submit the
report required by Section 13084 of the Government Code that
identifies all employers in California that employ 50 or more
employees who receive benefits from either of the following programs:
the Medi-Cal program (Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code) or the
CalFresh program (Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 of the Welfare and Institutions Code). The
information used for this purpose shall be limited to information
obtained pursuant to Section 11026.5 of the Welfare and Institutions
Code and from the administration of personal income tax wage
withholding pursuant to Division 6 (commencing with Section 13000)
and the disability insurance program and may be disclosed to the
Department of Finance only for the purpose of preparing and
submitting the report and only to the extent not prohibited by
federal law.
(ag) To provide, to the extent permitted by federal law and
regulations, the Student Aid Commission with wage information in
order to verify the employment status of an individual applying for a
Cal Grant C award pursuant to subdivision (c) of Section 69439 of
the Education Code.
SEC. 3.5. 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
governmental 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, federal Social Security
Act (42 U.S.C. Sec. 601 et seq.), 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
Part D of Title IV of the federal 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 Contractors' State License Board, the Department of
Industrial Relations, and the Department of Insurance. An authorized
governmental agency may disclose this information to the State Bar,
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, Consumer Affairs, 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 any 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 any 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 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 provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code). The information shall
be provided to the extent permitted by federal statutes and
regulations.
(ad) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages and number of employees,
and disability insurance and unemployment insurance claim
information, for the purpose of:
(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal Program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code; the Healthy Families Program, provided pursuant to
Part 6.2 (commencing with Section 12693) of Division 2 of the
Insurance Code; and the Access for Infants and Mothers Program,
provided pursuant to Part 6.3 (commencing with Section 12695) of
Division 2 of the Insurance Code; where the verification or
determination is directly connected with, and limited to, the
administration of the state health subsidy programs referenced in
this subparagraph.
(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), where the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, where the verification or determination is directly
connected with, and limited to, the administration of the Small
Business Health Options Program.
(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division
of the Department of Motor Vehicles with information pursuant to
subdivision (i), when the requesting peace officer has been
designated by the Chief of the Investigations Division and requests
this information in the course of, and as part of, an investigation
into identity theft, counterfeiting, document fraud, or consumer
fraud, and there is reasonable suspicion that the crime is a felony
and that the information would lead to relevant evidence regarding
the identity theft, counterfeiting, document fraud, or consumer
fraud. 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 Investigations Division
of the Department of Motor Vehicles, for filing under the normal
procedures of that division.
(af) To enable the Department of Finance to prepare and submit the
report required by Section 13084 of the Government Code that
identifies all employers in California that employ 50 or more
employees who receive benefits from either of the following programs:
the Medi-Cal program (Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code) or the
CalFresh program (Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 of the Welfare and Institutions Code). The
information used for this purpose shall be limited to information
obtained pursuant to Section 11026.5 of the Welfare and Institutions
Code and from the administration of personal income tax wage
withholding pursuant to Division 6 (commencing with Section 13000)
and the disability insurance program and may be disclosed to the
Department of Finance only for the purpose of preparing and
submitting the report and only to the extent not prohibited by
federal law.
(ag) To enable the Department of Corrections and Rehabilitation to
obtain quarterly wage data of former inmates who have been
incarcerated within the prison system in order to assess the impact
of rehabilitation services or the lack of these services on the
employment and earnings of these former inmates. Quarterly data for a
former inmate's employment status and wage history shall be provided
for a period of one year, three years, and five years following
release. The data shall only be used for the purpose of tracking
outcomes for former inmates in order to assess the effectiveness of
rehabilitation strategies on the wages and employment histories of
those formerly incarcerated. The information shall be provided to the
department to the extent not prohibited by federal law.
SEC. 3.8 . 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
governmental 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, federal Social Security
Act (42 U.S.C. Sec. 601 et seq.), 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
Part D of Title IV of the federal 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 Contractors' State License Board, the Department of
Industrial Relations, and the Department of Insurance. An authorized
governmental agency may disclose this information to the State Bar,
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, Consumer Affairs, 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 any 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 any 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 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 provide the Agricultural Labor Relations Board with
employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with
Section 1140) of Division 2 of the Labor Code). The information shall
be provided to the extent permitted by federal statutes and
regulations.
(ad) (1) To enable the State Department of Health Care Services,
the California Health Benefit Exchange, the Managed Risk Medical
Insurance Board, and county departments and agencies to obtain
information regarding employee wages, California employer names and
account numbers, employer reports of wages and number of employees,
and disability insurance and unemployment insurance claim
information, for the purpose of:
(A) Verifying or determining the eligibility of an applicant for,
or a recipient of, state health subsidy programs, limited to the
Medi-Cal Program, provided pursuant to Chapter 7 (commencing with
Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code; the
Healthy Families Program, provided pursuant to Part 6.2 (commencing
with Section 12693) of Division 2 of the Insurance Code; and the
Access for Infants and Mothers Program, provided pursuant to Part 6.3
(commencing with Section 12695) of Division 2 of the Insurance Code;
where the verification or determination is directly connected with,
and limited to, the administration of the state health subsidy
programs referenced in this subparagraph.
(B) Verifying or determining the eligibility of an applicant for,
or a recipient of, federal subsidies offered through the California
Health Benefit Exchange, provided pursuant to Title 22 (commencing
with Section 100500) of the Government Code, including federal tax
credits and cost-sharing assistance pursuant to the federal Patient
Protection and Affordable Care Act (Public Law 111-148), as amended
by the federal Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), where the verification or determination is
directly connected with, and limited to, the administration of the
California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and
employers for health coverage through the Small Business Health
Options Program, provided pursuant to Section 100502 of the
Government Code, where the verification or determination is directly
connected with, and limited to, the administration of the Small
Business Health Options Program.
(2) The information provided under this subdivision shall be
subject to the requirements of, and provided to the extent permitted
by, federal law and regulations, including Part 603 of Title 20 of
the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division
of the Department of Motor Vehicles with information pursuant to
subdivision (i), when the requesting peace officer has been
designated by the Chief of the Investigations Division and requests
this information in the course of, and as part of, an investigation
into identity theft, counterfeiting, document fraud, or consumer
fraud, and there is reasonable suspicion that the crime is a felony
and that the information would lead to relevant evidence regarding
the identity theft, counterfeiting, document fraud, or consumer
fraud. 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 Investigations Division
of the Department of Motor Vehicles, for filing under the normal
procedures of that division.
(af) To enable the Department of Finance to prepare and submit the
report required by Section 13084 of the Government Code that
identifies all employers in California that employ 50 or more
employees who receive benefits from either of the following programs:
the Medi-Cal program (Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code) or the
CalFresh program (Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 of the Welfare and Institutions Code). The
information used for this purpose shall be limited to information
obtained pursuant to Section 11026.5 of the Welfare and Institutions
Code and from the administration of personal income tax wage
withholding pursuant to Division 6 (commencing with Section 13000)
and the disability insurance program and may be disclosed to the
Department of Finance only for the purpose of preparing and
submitting the report and only to the extent not prohibited by
federal law.
(ag) To provide, to the extent permitted by federal law and
regulations, the Student Aid Commission with wage information in
order to verify the employment status of an individual applying for a
Cal Grant C award pursuant to subdivision (c) of Section 69439 of
the Education Code.
(ah) To enable the Department of Corrections and Rehabilitation to
obtain quarterly wage data of former inmates who have been
incarcerated within the prison system in order to assess the impact
of rehabilitation services or the lack of these services on the
employment and earnings of these former inmates. Quarterly data for a
former inmate's employment status and wage history shall be provided
for a period of one year, three years, and five years following
release. The data shall only be used for the purpose of tracking
outcomes for former inmates in order to assess the effectiveness of
rehabilitation strategies on the wages and employment histories of
those formerly incarcerated. The information shall be provided to the
department to the extent not prohibited by federal law.
SEC. 4. Section 11026.5 is added to the Welfare and Institutions
Code, to read:
11026.5. (a) To the extent not prohibited by federal law, the
State Department of Health Care Services shall annually inform the
Employment Development Department of the names and social security
numbers of all recipients of the benefits of the Medi-Cal program
(Chapter 7 (commencing with Section 14000)) and CalFresh program
(Chapter 10 (commencing with Section 18900) of Part 6).
(b) The State Department of Health Care Services and the
State Department of Social Services shall determine the
average per individual cost of state and federally funded benefits
across the program excluding administrative costs described in
subdivision (a). These departments shall then inform the Employment
Development Department of these costs in order for the Employment
Development Department to calculate the information that is required
to be reported pursuant to Section 13084 of the Government Code.
SEC. 5. (a) Section 3.2 of this bill
incorporates amendments to Section 1095 of the Unemployment Insurance
Code proposed by both this bill and Senate Bill 1028. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2015, (2) each bill amends Section 1095 of
the Unemployment Insurance Code, and (3) Senate Bill 1141 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after Senate Bill 1028, in which case Sections 3, 3.5, and
3.8 of this bill shall not become operative.
(b) Section 3.5 of this bill incorporates amendments to Section
1095 of the Unemployment Insurance Code proposed by both this bill
and Senate Bill 1141. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 1095 of the Unemployment Insurance Code,
(3) Senate Bill 1028 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Senate Bill 1141 in
which case Sections 3, 3.2, and 3.8 of this bill shall not become
operative.
(c) Section 3.8 of this bill incorporates amendments to Section
1095 of the Unemployment Insurance Code proposed by this bill, Senate
Bill 1141, and Senate Bill 1028. It shall only become operative if
(1) all three bills are enacted and become effective on or before
January 1, 2015, (2) all three bills amend Section 1095 of the
Unemployment Insurance Code, and (3) this bill is enacted after
Senate Bill 1141 and Senate Bill 1028, in which case Sections 3, 3.2,
and 3.5 of this bill shall not become operative.
SEC. 5. SEC. 6. 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.
