Bill Text: CA SB354 | 2013-2014 | Regular Session | Introduced
Bill Title: Department of Veterans Affairs: monitoring outcomes for veterans: Director of Employment Development: disclosure of information.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2013-06-19 - Set, first hearing. Hearing canceled at the request of author. [SB354 Detail]
Download: California-2013-SB354-Introduced.html
BILL NUMBER: SB 354 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Roth and Correa
(Principal coauthor: Senator Wolk)
FEBRUARY 20, 2013
An act to add Section 713 to the Military and Veterans Code, and
to amend Section 1095 of the Unemployment Insurance Code, relating to
veterans.
LEGISLATIVE COUNSEL'S DIGEST
SB 354, as introduced, Roth. Department of Veterans Affairs:
monitoring outcomes for veterans: Director of Employment Development:
disclosure of information.
Existing law establishes the Department of Veterans Affairs, which
is responsible for administering various programs and services for
the benefit of veterans.
This bill would require the Department of Veterans Affairs to
develop outcome and related indicators for veterans, for the purpose
of assessing the status of veterans in California, for monitoring the
quality of programs intended to serve those veterans, and to guide
decisionmaking on how to improve those services. This bill would
require the department to report to the Senate and Assembly
Committees on Veterans Affairs all of the outcome and related
indicators developed by the department, recommendations on ways to
establish a system for monitoring those indicators on a continual
basis, and any regulatory or fiscal barriers that may hinder future
progress on the development of a monitoring system, as provided.
Under existing law, the information obtained in the administration
of the Unemployment Insurance Law is for the exclusive use and
information of the Director of Employment Development in the
discharge of his or her duties and is not open to the public.
However, existing law requires the director to permit the use of
specified information for specified purposes, and allows the director
to require reimbursement for direct costs incurred. Existing law
provides that a person who knowingly accesses, uses, or discloses
this confidential information without authorization is guilty of a
misdemeanor.
This bill would require the Director of Employment Development to
permit the receipt of specified information to enable the Department
of Veterans Affairs to develop outcome and related indicators for
veterans. By providing this information to the Department of Veterans
Affairs, this bill would expand the crime related to the
unauthorized disclosure of this information, and impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 713 is added to the Military and Veterans Code,
to read:
713. (a) (1) The department shall develop outcome and related
indicators for veterans for the purpose of assessing the status of
veterans in California, for monitoring the quality of programs
intended to serve those veterans, and to guide decisionmaking on how
to improve those services.
(2) Indicators shall reflect the following issues, including, but
not limited to, employment and employment-related information such
as earnings, incidence of suicide, higher education including access
to higher education, involvement with the child welfare system, and
involvement with the criminal justice system.
(b) The department may receive any data, the access to which is
not restricted by any state or federal law, that is necessary to
develop outcome and related indicators as specified in subdivision
(a), including, but not limited to, data held by other state agencies
or departments.
(c) The department shall prescribe a manner in which to ensure the
confidentiality of information in the possession of the department
received pursuant to this section, that is equal to, or greater than,
the protections in place for data received by other state agencies
or departments.
(d) The department may establish one or more advisory bodies to
guide and inform the selection of outcome and related indicators and
the strategy for developing and reporting those indicators, as
determined by the Secretary of Veterans Affairs. An existing state
entity that involves diverse representation of state and local
veterans, including, but not limited to, the California Interagency
Council on Veterans, may act as an advisory body for purposes of this
section.
(e) (1) The department shall report to the Senate and Assembly
Committees on Veterans Affairs, on or before March 1, 2015, all of
the outcome and related indicators developed by the department
pursuant to subdivision (a). The report shall also include
recommendations on ways to establish a system for monitoring those
indicators on a continual basis, including additional staffing or
technology that might be necessary, as well as any regulatory or
fiscal barriers that may hinder future progress on the development of
a monitoring system.
(2) The report required to be submitted pursuant to this
subdivision shall be submitted in compliance with Section 9795 of the
Government Code.
(3) The requirement for submitting a report under paragraph (1) is
inoperative on March 1, 2019, pursuant to Section 10231.5 of the
Government Code.
SEC. 2. Section 1095 of the Unemployment Insurance Code is amended
to read:
1095. The director shall permit the use of any information in his
or her possession to the extent necessary for any of the following
purposes and may require reimbursement for all direct costs incurred
in providing any and all information specified in this section,
except information specified in subdivisions (a) to (e), inclusive:
(a) To enable the director or his or her representative to carry
out his or her responsibilities under this code.
(b) To properly present a claim for benefits.
(c) To acquaint a worker or his or her authorized agent with his
or her existing or prospective right to benefits.
(d) To furnish an employer or his or her authorized agent with
information to enable him or her to fully discharge his or her
obligations or safeguard his or her rights under this division or
Division 3 (commencing with Section 9000).
(e) To enable an employer to receive a reduction in contribution
rate.
(f) To enable federal, state, or local government departments or
agencies, subject to federal law, to verify or determine the
eligibility or entitlement of an applicant for, or a recipient of,
public social services provided pursuant to Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code, or Part A
of Title IV of the Social Security Act, where the verification or
determination is directly connected with, and limited to, the
administration of public social services.
(g) To enable county administrators of general relief or
assistance, or their representatives, to determine entitlement to
locally provided general relief or assistance, where the
determination is directly connected with, and limited to, the
administration of general relief or assistance.
(h) To enable state or local governmental departments or agencies
to seek criminal, civil, or administrative remedies in connection
with the unlawful application for, or receipt of, relief provided
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code or to enable the collection of expenditures for
medical assistance services pursuant to Part 5 (commencing with
Section 17000) of Division 9 of the Welfare and Institutions Code.
(i) To provide any law enforcement agency with the name, address,
telephone number, birth date, social security number, physical
description, and names and addresses of present and past employers,
of any victim, suspect, missing person, potential witness, or person
for whom a felony arrest warrant has been issued, when a request for
this information is made by any investigator or peace officer as
defined by Sections 830.1 and 830.2 of the Penal Code, or by any
federal law enforcement officer to whom the Attorney General has
delegated authority to enforce federal search warrants, as defined
under Sections 60.2 and 60.3 of Title 28 of the Code of Federal
Regulations, as amended, and when the requesting officer has been
designated by the head of the law enforcement agency and requests
this information in the course of and as a part of an investigation
into the commission of a crime when there is a reasonable suspicion
that the crime is a felony and that the information would lead to
relevant evidence. The information provided pursuant to this
subdivision shall be provided to the extent permitted by federal law
and regulations, and to the extent the information is available and
accessible within the constraints and configurations of existing
department records. Any person who receives any information under
this subdivision shall make a written report of the information to
the law enforcement agency that employs him or her, for filing under
the normal procedures of that agency.
(1) This subdivision shall not be construed to authorize the
release to any law enforcement agency of a general list identifying
individuals applying for or receiving benefits.
(2) The department shall maintain records pursuant to this
subdivision only for periods required under regulations or statutes
enacted for the administration of its programs.
(3) This subdivision shall not be construed as limiting the
information provided to law enforcement agencies to that pertaining
only to applicants for, or recipients of, benefits.
(4) The department shall notify all applicants for benefits that
release of confidential information from their records will not be
protected should there be a felony arrest warrant issued against the
applicant or in the event of an investigation by a law enforcement
agency into the commission of a felony.
(j) To provide public employee retirement systems in California
with information relating to the earnings of any person who has
applied for or is receiving a disability income, disability
allowance, or disability retirement allowance, from a public employee
retirement system. The earnings information shall be released only
upon written request from the governing board specifying that the
person has applied for or is receiving a disability allowance or
disability retirement allowance from its retirement system. The
request may be made by the chief executive officer of the system or
by an employee of the system so authorized and identified by name and
title by the chief executive officer in writing.
(k) To enable the Division of Labor Standards Enforcement in the
Department of Industrial Relations to seek criminal, civil, or
administrative remedies in connection with the failure to pay, or the
unlawful payment of, wages pursuant to Chapter 1 (commencing with
Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing
with Section 1720) of Part 7 of Division 2 of, the Labor Code.
(l) To enable federal, state, or local governmental departments or
agencies to administer child support enforcement programs under
Title IV of the 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
of California , the Medical Board of California, or any
other licensing board or department whose licensee is the subject of
a workers' compensation insurance fraud investigation. This
subdivision shall not prevent any authorized governmental agency from
reporting to any board or department the suspected misconduct of any
licensee of that body.
(p) To enable the Director of the Bureau for Private Postsecondary
Education, or his or her representatives, to access unemployment
insurance quarterly wage data on a case-by-case basis to verify
information on school administrators, school staff, and students
provided by those schools who are being investigated for possible
violations of Chapter 8 (commencing with Section 94800) of Part 59 of
Division 10 of Title 3 of the Education Code.
(q) To provide employment tax information to the tax officials of
Mexico, if a reciprocal agreement exists. For purposes of this
subdivision, "reciprocal agreement" means a formal agreement to
exchange information between national taxing officials of Mexico and
taxing authorities of the State Board of Equalization, the Franchise
Tax Board, and the Employment Development Department. Furthermore,
the reciprocal agreement shall be limited to the exchange of
information that is essential for tax administration purposes only.
Taxing authorities of the State of California shall be granted tax
information only on California residents. Taxing authorities of
Mexico shall be granted tax information only on Mexican nationals.
(r) To enable city and county planning agencies to develop
economic forecasts for planning purposes. The information shall be
limited to businesses within the jurisdiction of the city or county
whose planning agency is requesting the information, and shall not
include information regarding individual employees.
(s) To provide the State Department of Developmental Services with
wage and employer information that will assist in the collection of
moneys owed by the recipient, parent, or any other legally liable
individual for services and supports provided pursuant to Chapter 9
(commencing with Section 4775) of Division 4.5 of, and Chapter 2
(commencing with Section 7200) and Chapter 3 (commencing with Section
7500) of Division 7 of, the Welfare and Institutions Code.
(t) To provide the State Board of Equalization with employment tax
information that will assist in the administration of tax programs.
The information shall be limited to the exchange of employment tax
information essential for tax administration purposes to the extent
permitted by federal law and regulations.
(u) Nothing in this section shall be construed to authorize or
permit the use of information obtained in the administration of this
code by 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 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
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 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 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 enable the Department of Veterans Affairs to receive
quarterly wage data pursuant to the requirements of Section 713 of
the Military and Veterans Code. The information shall be provided to
the extent permitted by federal law.
SEC. 3. 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.
