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Governor Schwarzenegger and Gov. Easley Sign Identity Theft Bills

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Sep 30, 2005, News Report

Announced last week, California Governor Arnold Schwarzenegger signed legislation that will help prevent identity theft in California. Among the provisions, the legislation will increase the penalties for "spam," ban the use of equipment to make fake documents, prohibit prisoners from accessing personal information while in work programs, and authorize the Department of Managed Healthcare to perform criminal background checks for state employees and others who have access to medical information.

Governor Schwarzenegger signed the following legislation:

SB 13 by Senator Debra Bowen (D-Marina del Rey) - Personal information.
  • SB 13 requires that the Committee for the Protection of Human Subjects at the Health and Human Services Agency approve scientific research proposals before state agencies are permitted to disclose personal information to be used while conducting scientific research.
SB 97 by Senator Kevin Murray (D-Los Angeles) - Commercial electronic mail: penalties.
  • SB 97 provides that a person who violates California's anti-spam law by sending unsolicited commercial electronic mail ("spam") has committed a misdemeanor punishable by a fine of not more than $1,000, imprisonment in a county jail for not more than six months, or by both the fine and imprisonment.
SB 158 by Senator Michael J. Machado (D-Linden) - Powers of attorney: social security numbers.
  • SB 158 eliminates the requirement that one provide his or her Social Security Number on a power of attorney form and authorizes any party accepting the form to seek identification of the agent.
SB 460 by Senator Bob Margett (R-Arcadia) - Offender access to personal information.
  • SB 460 expands existing law to prohibit any offender confined in a county facility or any inmate confined in the California Department of Corrections and Rehabilitation (DCR), from employment that provides access to the personal information of private individuals, by making the provisions of law applicable regardless of the commitment offense of the inmate.
AB 361 by Assemblymember Sharon Runner (R-Lancaster) - Notaries public.
  • AB 361 provides that it is a misdemeanor for notaries public to willfully fail to perform the required duties of a notary and requires the court to revoke a notary's commission if the notary is convicted of a felony or for willfully failing to perform his or her duties. This bill also clarifies that the crime of forgery includes falsifying an acknowledgement of a notary.
AB 1069 by Assemblymember Cindy Montanez (D-San Fernando) - Deceptive identification documents.
  • AB 1069 makes it a crime to possess deceptive identification document-making devices with the intent that the device(s) will be used to manufacture, alter, or authenticate a deceptive identification document, as defined.
AB 1517 by Assemblymember Sharon Runner (R-Lancaster) - Department of Managed Health Care: employee information.
  • AB 1517 would permit the Department of Managed Health Care (DMHC) to run criminal background checks on any prospective employee whose duties would include access to medical information. This bill also requires the DMHC to conduct criminal background checks on any contractor, its employees, agents or subcontractors that, as a part of their contracts with the DMHC, will have access to


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