RCRC, along with a coalition of other public agency stakeholders, strongly opposes Assembly Bill 1337, authored by Assemblymember Chris Ward (D-San Diego). This measure would impose significant costs and liability on state and local governments and jeopardize essential service delivery without any clear benefits for the communities we serve.
Specifically, AB 1337 would vastly expand legal liability for state and local agencies by imposing the Information Practices Act upon local governments and revising its provisions in a way that invites litigation. It would also complicate data sharing among local governments and the state and put public agencies at risk of losing federal funds by prohibiting data sharing with the federal government unless authorized by state law.
AB 1337 would restrict responses to illegal activity by requiring local agencies to obtain permission by a suspect before they could report them to law enforcement if they learned about the suspect’s identity through provision of public services. The measure provides no resources or time to comply, as the bill would take effect just a few months after enactment, with no appropriation or State support for local agencies.
This bill is unnecessary, given the breadth of privacy laws with which local governments are already required to comply. Those privacy laws include election privacy; the Health Insurance Portability and Accountability Act (HIPAA) and the Confidentiality of Medical Information Act (CMIA) for Medi-Cal beneficiaries and those receiving care at public hospitals; California Penal Code § 111675 for case records related to child protective services claims; and, for school districts, the Family Educational Rights and Privacy Act (FERPA). AB 1337 creates potential conflicts and redundancies with those laws and an array of others.
AB 1337 has headed to the Senate where it is currently pending committee referral. RCRC will continue to work alongside our public agency partners to oppose this harmful bill. Read the latest opposition letter here.
For additional information, contact RCRC Policy Advocate Sarah Dukett.