Enacted Social Security Numbers Legislation - 2008 Session
Last Updated: April 21, 2008
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Bill Summary: |
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| Alaska |
S.C.R. 35
Passed both houses 4/12/08
Suspends Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 65, relating to breaches of security involving personal information, credit report and credit score security freezes, protection of Social Security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; and amending Rules 60 and 82, Alaska Rules of Civil Procedure. |
| Idaho |
S.B. 1357
Signed by governor 3/11/08, Chapter 78
Clarifies the current Misappropriation of Personal Identifying Information criminal statute. The current law prohibits an offender from obtaining or recording, without authority, another person's Social Security number or date of birth with the intent to use that information in order to obtain credit, money, goods or services in the name of the other person. However, in many instances of identity theft an offender utilizes a stolen Social Security number or date of birth and their own name or a fictitious name in obtaining credit, money, goods or services. This legislation clarifies the law and will ensure that law enforcement and prosecutors are better able to hold identity thieves accountable under these circumstances. |
| Indiana |
S.B. 307
Signed by governor 3/21/08, Public Law 106
Permits the disclosure of Social Security numbers for purposes of administration of the Uniform Commercial Code by the secretary of state. |
| New Mexico |
S.B. 81
Signed by governor 2/29/08, Chapter 59
Relates to elections; eliminates the use of voters' Social Security numbers on certain election-related documents; changes certain election code terminology; changes the definition of "required voter identification"; changes requirements for certain absentee ballot materials. |
| South Carolina |
S.B. 453
Signed by governor 4/2/08, Act 190
Enacts the "Financial Identity Fraud and Identity Theft Protection Act", by adding chapter 20 to title 37 providing for protections in connection with consumer credit-reporting agencies and with the use and communication of a consumer's Social Security number, imposition of a security freeze on a consumer's credit report, prescription of measures for disposal of personal identifying information, procedure for resolution of disputed credit information, and civil damages, including attorney's fees and costs and injunctive relief; redesignates the family privacy protection act of chapter 2, title 30, as article 1 and adds article 3 providing for protection of personal identifying information privacy in connection with a public body and its use and communication of a resident's Social Security number, prescription for disclosure of Social Security information and identifying information by and to certain public bodies, prohibition of requiring the use of personal identifying information on a mortgage and in preparation of documents for public filing, and procedure for redacting certain personal identifying information from public records; adds §1-11-490 so as to provide for disclosure by an agency of this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the agency owns or licenses and to provide for civil damages, attorney's fees, and injunctive relief; adds §16-11-725 so as to make it unlawful to use another person's household garbage for the purpose of committing financial or identity fraud; adds §16-13-512 so as to regulate the use of a cardholder's Social Security number on a credit or debit card receipt; adds §39-1-90 so as to provide for disclosure by a person conducting business in this state of unauthorized access to or acquisition of the personal identifying information of a resident whose information the person owns or licenses and to provide for civil damages, attorney's fees, and injunctive relief; amends §16-13-510, as amended, relating to the offense of financial identity fraud, so as to add the elements of wilfulness and knowledge and to include the offense of identity fraud as the use of another's information to avoid legal consequences or to obtain employment and to further define "identifying information"; and repeals §16-13-515, relating to identity fraud. |
| South Dakota |
S.B. 80
Signed by governor 3/17/08
Restricts the release or use of Social Security numbers by the state and its political subdivisions unless certain security measures are taken. |
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S.B. 131
Signed by governor 2/21/08
Provides for the maintenance and safeguarding of voter registration records; requires the county auditor to retain all voter registration records in the auditor's office. All such records shall be open to public inspection at all times during office hours, except that public access to Social Security numbers and driver license numbers is restricted. |
| Tennessee |
H.B. 2915
S.B. 2958
Signed by governor 3/18/08, Public Chapter 635
Prohibits printing a Social Security number on voter registration cards. |
| Virginia |
H.B. 407
Signed by governor 3/27/07, Chapter 665
S.B. 130
Signed by governor 3/11/08, Chapter 561
Exempts records maintained by a public institution of higher education in connection with fundraising activities conducted by or for such institution to the extent that such records reveal (i) personal fundraising strategies relating to identifiable donors or prospective donors or (ii) wealth assessments; estate, financial, or tax planning information; health-related information; employment, familial, or marital status information; electronic mail addresses, facsimile or telephone numbers; birth dates or Social Security numbers of identifiable donors or prospective donors. |
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H.B. 633
Signed by governor 4/11/08, Chapter 820
S.B. 133
Signed by governor 3/11/08, Chapter 562
Prohibits the dissemination of another person's social security number, regardless of whether such number is obtained from a public or private record. Currently, the prohibition against dissemination only applies to Social Security numbers obtained from private sources. |
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H.B. 634
Signed by governor 4/11/08, Chapter 840
S.B. 132
Signed by governor 4/11/08, Chapter 843
Provides that no agency shall require an individual to furnish or disclose his Social Security number (SSN) or driver's license number unless the furnishing or disclosure of such number is (i) authorized or required by state or federal law and (ii) essential for the performance of that agency's duties. The bill also strengthens the remedies provisions of the GDCDPA by adding civil penalties matching those in FOIA, and grants general district courts the authority to hear GDCDPA cases. Additionally, the bill has enactment clauses giving it a delayed effective date of July 1, 2009, and requires state agencies to study their own collection and use of SSNs and report to the FOIA Council and JCOTS on such collection and use by October 1, 2008. The bill also contains a fourth enactment clause providing for the gathering of similar information about the use and collection of SSNs by cities, counties and towns with a population greater than 15,000. |
NCSL Contact: Heather Morton, Denver
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