Bill Text: CA AB1324 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Foster youth: identity theft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB1324 Detail]

Download: California-2009-AB1324-Amended.html

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BILL NUMBER: AB 1324	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 27, 2009

   An act to amend Section 10618.6 of the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1324, as amended, Bass. Foster youth: identity theft.
   Under existing law, a county welfare department is required to
request a consumer disclosure, pursuant to federal law, on behalf of
a youth in a foster care placement in the county, when the youth
reaches his or her 16th birthday, in order to ascertain whether the
youth has been the victim of identity theft. If the consumer
disclosure reveals any negative items, or evidence that identity
theft has occurred, existing law requires the county welfare
department to refer the youth to an approved organization that
provides services to victims of identity theft. Existing law requires
the department to develop a list of approved organizations for this
purpose, in consultation with the County Welfare Directors
Association and others.
   This bill would revise the above provisions, to require the county
welfare department  or the   State Department of Social
Services  to ascertain whether identity theft may have occurred
under the described circumstances. The bill would require the
 youth   matter  to be referred to a
 government   governmental agency  or
nonprofit organization that provides information and assistance to
victims of identity theft, rather than to an approved counseling
organization.  It   The bill would authorize the
  agency or the nonprofit organization to take remedial
actions to clear the youth's credit record and to   report
the results to the referring agency. The bill  would require the
 department to consult with the Office of Information
Security and Privacy Protection, in addition to   Office
of Privacy Protection, in consultation with  the  State
Department of Social Services and  other specified entities,
 in developing the   to develop a  list of
 government or   governmental agencies and 
nonprofit organizations.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10618.6 of the Welfare and Institutions Code is
amended to read:
   10618.6.   When   In the year that  a
youth in a foster care placement reaches his or her 16th birthday,
the county welfare department  or the State Department of Social
Services  shall request a consumer disclosure, from the three
national credit reporting agencies, pursuant to the free annual
disclosure provision of the federal Fair Credit Reporting Act, on the
youth's behalf, notwithstanding any other provision of law, to
ascertain whether or not identity theft may have occurred. 
Notwithstanding Section 827, Section 10850, or any other provision of
law, both the county and the department are authorized under this
section to make the request on a foster youth's behalf.  If a
consumer disclosure for the youth exists, and if the consumer
disclosure reveals any negative items, or any evidence that some form
of identity theft may have occurred, the  county welfare
department shall refer the youth to a governmental  
state or county, acting on behalf of the foster youth, shall refer
  the matter to a governmental agency  or nonprofit
organization that provides information and assistance to victims of
identity theft.  The State Department of Social Services, in
consultation with the County Welfare Directors Association, the
Office of Information Security and Privacy Protection, consumer
credit reporting agencies, and other relevant stakeholders, shall
develop a list of organizations to which youth may be referred for
assistance in responding to an  The agency or nonprofit
organization is authorized under this section to take remedial action
on behalf of the foster youth to clear his or her credit record and
to report the results of the action to the referring county or state
department. The Office of Privacy Protection, in consultation with
the State Department of Social Services, the County Welfare Directors
Association, consumer credit reporting agencies, and other relevant
stakeholders, shall develop a list of agencies and organizations to
which the matter may be referred for assistance in responding to an
 instance of suspected identity theft. Nothing in this section
shall be construed to require the county welfare department  or
the State Department of Social Services   to request
more than one   or State Department of Social Services
to make more than one request for a  consumer disclosure on
behalf of a youth in care, or to take steps beyond referring 
the youth to an organization   the matter to an agency
or organization  .