Social Security Number 2009 Legislation

Last updated: May 7, 2010

NCSL Staff Contact: Heather Morton, Denver, (303) 364-7700

Established in 1936 by the Social Security Administration, Social Security numbers (SSNs) were originally used to track earnings and eligibility for Social Security benefits. Recognizing the universal nature of SSNs, Congress enacted several laws that require the use of SSNs for purposes other than Social Security, such as food stamps, Temporary Assistance for Needy Families, and child support enforcement, as well as the Commercial Driver’s License Information System and the Internal Revenue Service.

To address concerns regarding the availability of personal information, Congress enacted the Privacy Act of 1974. The Act is primarily directed at federal agencies, but Section 7 (5 U.S.C. §552a note) also applies to state and local governmental agencies. It provides that: “It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security account number.” Sec. 7(a)(1).

The Privacy Act of 1974 also provides that “Any Federal, State or local government agency which requests an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.” Sec. 7(b). Further, the Social Security Act Amendments of 1990 bars the disclosure of SSNs by federal, state and local governments collected pursuant to any laws enacted on or after October 1, 1990.

These federal laws provide a patchwork of regulation, but there is no one law that governs the use of SSNs. Because the laws governing the use of SSNs focus on specific uses by governmental agencies, SSNs have been used extensively to identify individuals by businesses and other organizations and agencies. The SSN is a unique personal identifier that does not tend to change, unlike a person’s name or address. SSNs have been widely available and, until recently, states have printed them on driver’s licenses, health care organizations have used them on insurance identification cards and SSNs often appear on financial documents and court records.

Concerns continue that the availability of SSNs is helping facilitate identity theft and fraud. Studies have shown that identity thieves often use valid SSNs to commit their crimes. To combat identity theft, state legislators have introduced legislation to restrict the availability and use of SSNs, but these actions are not without controversy.

In 2009, 39 states, the District of Columbia and Puerto Rico introduced legislation regarding the use and regulation of Social Security numbers. Twenty-three states, the District of Columbia and Puerto Rico enacted legislation or passed resolutions regarding the use and regulation of Social Security numbers.

AL | AR | CA | CO | CT | DE | DC | FL | GA | HI | IL | IN | IA | ME | MD | MA | MI | MN | MS | MO | NE | NV | NH | NM | NY | NC | ND | OK | OR | PA | PR | RI | SC | SD | TN | TX | UT | VTVA | WA | WV
STATES
TITLE
Alabama

H.B. 37
Signed by governor 5/20/09, Act 567
Requires that a person recording certain documents with the probate office redact, remove, or otherwise make illegible a Social Security number or birthdate appearing on the documents under certain conditions; authorizes the judge of probate to redact, remove, or otherwise make illegible a Social Security number or birthdate appearing in certain recorded documents under certain conditions; and authorizes the judge of probate to make certain records available to the public in electronic format and to publish certain records on the Internet.

 

H.B. 972
This bill provides that a state department, licensing or regulatory board, agency, or commission may not place on a public record or publically reveal the home address, telephone number, Social Security number, or photograph of certain individuals employed by the state of Alabama or the federal government. This bill would not apply when a federal or state agency makes a request for or releases the information for a legitimate government purpose, or pursuant to a federal or state statute, regulation, or federally funded program or pursuant to an administrative or judicial subpoena or order. This bill would not be applicable to a document originating with any court or taxing authority or to a document that when filed by law constitutes a consensual or nonconsensual lien or security lien or security interest, or any record of judgment, conviction, eviction, or bankruptcy.

 

S.B. 8
This bill requires that as a condition to recording certain documents relating to real or personal property as a public record with the probate office, the recorder shall redact, remove, or otherwise make illegible any Social Security number or birth date appearing in connection with a person's name on the documents. This bill authorizes a judge of probate to redact, remove, or otherwise make illegible a Social Security number or birth date appearing on certain recorded documents relating to real or personal property recorded. This bill also provides immunity from personal liability for certain mistakes or omissions in removing the information.

 

S.B. 9
Passed Senate 3/10/09
Provides that an applicant for a hunting or fishing license shall not be required to disclose his or her Social Security number, except for the last four digits thereof, as a condition of obtaining the license.

 

S.B. 11
Passed Senate 3/10/09
This bill requires that as a condition to recording certain documents relating to real or personal property as public record with the probate office, the recorder redact, remove, or otherwise make illegible any Social Security number or birthdate appearing in connection with a person's name on the documents. This bill authorizes a judge of probate to redact, remove, or otherwise make illegible a Social Security number or birthdate appearing on certain recorded documents relating to real or personal property recorded. This bill authorizes the probate judge to make real property records available in electronic format and publish certain records on the Internet.

Alaska
none
Arizona
none
Arkansas

H.B. 2110
Provides increased protection against the unauthorized disclosure of a Social Security number.

California

A.B. 484
This bill requires a state governmental licensing entity, as defined, issuing professional or occupational licenses, certificates, registrations, or permits to provide to the Franchise Tax Board the name and Social Security number or federal taxpayer identification number of each individual licensee of that entity. The bill requires the Franchise Tax Board, if a licensee fails to pay taxes for which a notice of state tax lien has been recorded, as specified, to mail a preliminary notice of suspension to the licensee.

 

A.B. 1424
This bill additionally requires that the identification envelope include the last four digits of the voter's California driver's license or identification card number or, if unavailable, the last four digits of the voter's Social Security number and a security flap to conceal this information and the voter's signature during mailing. The bill requires the elections official to verify the accuracy of that information before counting the vote and that the voter be notified that the identification envelope will be opened only if this information is verified by the elections official.

 

S.B. 40
Signed by governor 10/11/09, Chapter 552
Provides that a document containing more than the last four digits of a Social Security number is not entitled for recording. This bill also provides that a recorder shall be deemed to be in compliance if he or she uses due diligence to truncate social security numbers in documents recorded, as provided. This bill requires an abstract of judgment to contain only the last four digits of the Social Security number of the party who is ordered to pay.

 

S.B. 359
Signed by governor 10/11/09, Chapter 584
Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. The act specifically exempts from disclosure records that are exempted or prohibited from disclosure by federal or state law and lists records subject to that exemption, specifying that the listed exemptions are not inclusive of all exemptions under the act. This bill revises the list of exempted records to reflect changes in existing law. This bill incorporates additional changes to §6276.24 of the Government Code, proposed by AB 1540, to be operative only if AB 1540 and this bill are enacted, both bills amend §6276.24 of the Government Code, and this bill is enacted after AB 1540.

Colorado

H.B. 1065
Signed by governor 5/21/09, Chapter 289
Creates the educator identifier system (system) in the Department of Education (department). Outlines the scope, purposes, and certain restrictions on an initial-phase pilot program, the system, and the use of the data to be obtained through the system. Establishes confidentiality parameters and protections for educator identifiers. The identifier shall not use any personal identifying information, such as Social Security numbers or contact information, except for alignment purposes in data processing.

Connecticut

H.B. 5607
Failed Joint Favorable deadline 3/27/09
Protects personal information by restricting the release of Social Security numbers on marriage licenses.

 

H.B. 5615
Failed Joint Favorable deadline 3/27/09
Eliminates the use of Social Security numbers as an identifier on medical records.

 

H.B. 6362
Failed Joint Favorable deadline 3/27/09
Establishes that only the parties to a marriage or civil union and the local registrar shall have access to the Social Security numbers specified on such license and the application for such license.

 

S.B. 602
Provides that the Department of Public Utility Control shall review public service company procedures for opening customer accounts to ensure that customer identifications are protected. Such review shall include, but not be limited to, a consideration of the collection of Social Security numbers and how such numbers are kept confidential. On or before February 1, 2010, the department shall report, in accordance with the provisions of §11-4a of the General Statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to energy concerning any recommendations resulting from the review conducted pursuant to this section.

 

S.B. 1090
Passed Senate 5/27/09
This bill requires government entities that request Social Security numbers to tell the people being asked (1) if the disclosure is mandatory or voluntary, (2) the legal authority for the request, and (3) how the numbers will be used. The requirement applies to state departments, boards, commissions, institutions, and other agencies and political subdivisions. By law, anyone who collects Social Security numbers in the course of business must create a privacy protection policy and publish or publicly display it. The bill (1) limits the requirement to people who collect the numbers in the regular course of business, (2) requires them to include in the policy the steps they will take to protect the numbers from disclosure, and (3) specifically requires them to provide a copy of the policy upon request. The bill requires the attorney general to bring a civil action to recover the penalty that may be imposed against intentional violators of the privacy protection policy requirement and eliminates the requirement that the civil penalties be deposited into the privacy protection guaranty and enforcement account. This account does not exist. By law, intentional violators are subject to a civil penalty of $ 500 for each violation, up to a maximum of $ 500,000 per event. Lastly, the bill requires the Department of Consumer Protection to adopt implementing regulations and include in them best practices for data protection and data disposal.

Delaware

H.B. 174
Signed by governor 7/8/09, Chapter 142
Authorizes the Recorder for New Castle County, Kent County and Sussex County to establish administrative procedures that allow for the redaction of sensitive identifying information from recorded instruments.

District of Columbia

B18-8
Signed by mayor 1/29/09, Act 18-6
Amends, on an emergency basis, §47-1805.04 of the District of Columbia Official Code to permit the release of District of Columbia tax return information to the United States District Court for the District of Columbia.

 

B18-9
Passed Congressional Review Period 4/30/09, Law 18-1
Amends, on a temporary basis, §47-1805.04 of the District of Columbia Official Code to permit the release of District of Columbia tax return information to the United States District Court for the District of Columbia.

 

B18-10
Passed Congressional Review Period 7/7/09, Law 18-9
Amends §47-1805.04 of the District of Columbia Official Code to permit the release of District of Columbia tax return information to the United States District Court for the District of Columbia.

Florida

H.B. 409
Died in committee 5/2/09
Provides exemption from public records requirements for personal identifying information of employees of public educational institutions in state, and spouses and children of such employees, and for personal health information of such employees, and spouses and children of such employees, held by public educational institution pursuant to employee's participation in group health insurance plan or program.

 

H.B. 7037
Signed by governor 6/11/09, Chapter 169
Removes scheduled repeal under Open Government Sunset Review Act of exemptions from public records requirements for identification and location information of current or former U.S. attorneys, assistant U.S. attorneys, current or former judges of U.S. Courts of Appeal, federal district judges, and federal magistrates, and spouses and children thereof.

 

H.B. 7051
Signed by governor 6/24/09, Chapter 237
S.B. 1838
Provides that Social Security numbers of current and former agency employees held by employing agency are confidential and exempt from public records requirements; provides for future review and repeal of exemption; requires that agency identify in writing specific federal or state laws governing collection, use, and release of Social Security numbers and ensure compliance therewith.

 

S.B. 1260
Died in committee 5/2/09
Provides an exemption from public records requirements for personal identifying information of employees of public educational institutions in the state, and the spouses and children of such employees, and for personal health information of such employees, and the spouses and children of such employees, held by a public educational institution pursuant to the employee's participation in a group health insurance plan or program.

 

S.B. 1342
Amends specified provision relating to a public records exemption for identification and location information of certain agency personnel. Relocates and revises the public records exemption provided for identification and location information concerning federal attorneys, judges, and magistrates. Eliminates Social Security numbers from the scope of information covered by the public records exemption.

Georgia

H.B. 55
Amends Code §15-6-61 of the Official Code of Georgia Annotated, relating to the use of computerized record-keeping systems by clerks of superior courts, so as to provide for redacting Social Security numbers under certain circumstances.

 

H.B. 684
Amends Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to extensively revise and restate provisions relating to public access to public records and provisions relating to open meetings; provides for definitions; provides for procedures, exceptions, and civil and criminal enforcement.

 

S.B. 26
Signed by governor 4/21/09, Act 12
Amends Code §50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to clarify disclosure of federal records; limits the disclosure of certain private information of firefighters and emergency medical technicians; limits the disclosure of individual account numbers and passwords used to access accounts; provides that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; provides for disclosure of certain information.

 

S.B. 124
Passed Senate 3/4/09
Amends Code §50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to provide that Social Security numbers in public documents shall not be disclosed.

Guam
none
Hawaii

H.B. 977
Protects the identity and privacy of voters by requiring only the last four digits of a voter's Social Security Number on voter-registration forms and requests for absentee ballots.

 

H.B. 1110
S.B. 928

Amends §338-4, Hawaii Revised Statutes, to redefine data reportable to county clerks in a manner consistent with protecting Social Security numbers.
 

H.B. 1473
S.B. 462
Repeals requirement of providing full Social Security number on application to register to vote, requiring instead, the last four digits of a social security number, a Hawaii driver's license number, or a Hawaii state identification card number.

 

S.B. 1130
Signed by governor 4/16/09, Act 5
Requires the redaction of the first five digits of the Social Security numbers on judgments, decrees, and court orders when filing at the bureau of conveyances and land court.

Idaho
none
Illinois

H.B. 547
Returned to governor for certification 11/25/09
Creates the Identity Protection Act. In provisions concerning the public inspection and copying of information and documents, provides that a person or state or local government agency must redact Social Security numbers from information or documents containing all or any portion of an individual's Social Security number. Requires each state or local government agency to develop and approve an identity-protection policy within 12 months after the effective date of the Act. Deletes provisions requiring each state and local government agency to include in their respective identity-protection policy penalties for violating the policy and a description of how to properly dispose of information and documents that contain Social Security numbers.

 

H.B. 1757
Amends the Illinois Dental Practice Act. Makes a technical change in a section concerning Social Security numbers on license applications.

 

H.B. 1782
Amends the Wholesale Drug Distribution Licensing Act. Makes a technical change to a section concerning Social Security numbers on license applications.

 

H.B. 2587
Amends the Illinois Dental Practice Act. Makes a technical change in a section concerning Social Security numbers on license applications.

 

H.B. 3275
Amends the Illinois Dental Practice Act. Makes a technical change in a section concerning Social Security numbers on license applications.

 

S.B. 290
Signed by governor 8/24/09, Public Act 96-0617
Removes a requirement that every complete upper and lower denture and removable dental prosthesis fabricated by a dentist shall be marked with the Social Security number of the patient

 

S.B. 729
Amends the Illinois Dental Practice Act. Makes a technical change in a section concerning Social Security numbers on license applications.

 

S.B. 1839
Amends the Illinois Dental Practice Act. Makes a technical change in a section concerning Social Security numbers on license applications.

Indiana

H.B. 1285
Signed by governor 5/12/09, Public Law 142
Specifies that the gaming commission may require an individual to submit the individual's Social Security number in the course of an investigation.

 

H.B. 1344
Signed by governor 5/6/09, Public Law 87
Provides that an applicant for a standard deduction must include either the last five digits of the applicant's Social Security number or, if the individual does not have a Social Security number, the last five digits of the individual's driver's license number or state identification card number, or of a control number that is on a document issued to the individual by the federal government and determined by the department of local government finance to be acceptable.

 

S.B. 298
Passed Senate 2/10/09
Authorizes the lottery commission to obtain an individual's Social Security number in the course of an investigation of a vendor or retailer.

 

S.B. 483
Restricts the release of an accident report filed with the state police department to certain persons. Restricts the release of personal information, including Social Security numbers, in the report if the report is released to the general public.

Iowa

H.F. 335
This bill amends the "Open Records Act", Code chapter 22, as follows: 1. New Code §22.21. While government bodies may lawfully obtain a person's Social Security number, the bill specifically directs government bodies not to disclose a person's Social Security number and to take steps to exclude Social Security numbers from public records. For Social Security numbers contained in public records, the bill requires the government body to redact such numbers prior to the public's access to that record. The bill further directs the government body to adopt rules or guidelines, as appropriate, to administer the use and disclosure of Social Security numbers. 2. New Code §22.22. The bill provides that if the security of personal information, as defined, is breached by the unauthorized access to or acquisition of such information, the government body shall investigate the breach to determine whether personal information has been or may be used for an unauthorized purpose. If such use has occurred or is likely to occur, the government body is required to give notice, consistent with law enforcement needs, to each affected person. The bill outlines the information required in the notice and the methods for accomplishing notice. A government body that has its own notice procedures may use such procedures in lieu of the bill's notice requirement. 3. New Code §22.23. The bill provides remedies to enforce the requirements of and provide redress for violations of Code §§22.21 and 22.22, above. Existing enforcement and penalty provisions in Code §§22.5 and 22.6, respectively, will also apply to redress violations of Code §§22.21 and 22.22. 4. The bill includes a Code editor directive to create subchapters in Code chapter 22.

 

H.F. 477
Signed by governor 5/18/09, Chapter 112
Relates to declaration of value forms for the conveyance of real estate by making Social Security numbers and tax identification numbers confidential.

Kansas
none
Kentucky
none
Louisiana
none
Maine

L.D. 1356
Signed by governor 6/19/09, Public Law Chapter 448
Requires the Department of Education to develop and maintain the Maine Statewide Longitudinal Data System. The purpose of this system is to improve the ability of the Department of Education to conduct longitudinal data studies by permitting the use of student social security numbers for the tracking of individual student enrollment history and achievement data over time. Data must be collected and used in compliance with the federal Family Educational Rights and Privacy Act of 1974.

Maryland

H.B. 261
S.B. 127
Passed Senate 2/12/09
Prohibits the disclosure of the identity or contact information, including the Social Security number, of a victim or claimant by the Criminal Injuries Compensation Board; and prohibits a person who has been convicted of specified offenses from receiving a specified award from the Criminal Injuries Compensation Board.

 

H.B. 1120
Withdrawn from further consideration 3/10/09
Prohibits a person from printing or storing an individual's Social Security number on a card required for access to products or services or on an identification card; prohibits a person from using an individual's Social Security number for commercial gain; prohibits a person from including an individual's Social Security number on specified Medicare or Medicaid documents, except under specified circumstances.

 

S.B. 363
Prohibits the State Department of Assessments and Taxation from requiring homeowner Social Security numbers on applications for qualification for the homestead property tax credit.

Massachusetts

H.B. 316
Relates to identity theft; provides that no person or entity, including a state or local agency may not do any of the following: (1)intentionally communicate or otherwise make available to the general public an individual’s Social Security number; (2) print an individual’s Social Security number on any card required for the individual to access products or services provided by the person or data collector; (3) require an individual to transmit his or her Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted; (4) require an individual to use his or her Social Security number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site; (5) print an individual’s Social Security number on any materials that are mailed to the individual, unless required by law; (6) sell, lease, loan, trade, rent, or otherwise disclose an individual’s Social Security number to a third party for any purpose without written consent to the disclosure from the individual. Nothing in this section shall apply to medical information or documents that are recorded or required to be open to the public pursuant to section 7 of chapter 4.

 

H.B. 1413
Regulates the use and disclosure of Social Security numbers.

 

H.B. 2286
Specifies that the sheriffs and deputy sheriffs of the commonwealth shall be provided with identifying information upon request from the records or files of any agency, department, commission, division or authority of the commonwealth for the sole purpose of identifying and locating individuals wanted on default or arrest warrants; provided, that only identifying information including, but not limited to, name, date of birth, all pertinent addresses, telephone numbers and Social Security numbers shall be made available to sheriffs’ departments. Information about any individual, except the individual against whom a default or arrest warrant was issued, may not be requested by sheriffs or deputy sheriffs under this section.

Michigan

H.B. 4187
Clarifies that county clerk is not to accept noncomplying marriage license application in regard to Social Security number entries.

Minnesota

H.F. 1808
S.F. 1888
Expands and protects certain data items on death certificates of decedents; provides surviving family members greater access to crashed vehicles.

Mississippi

S.B. 2919
Signed by governor 4/2/09, Chapter 481
Provides that a traffic ticket shall contain a space to include the current address and current telephone number of the person being charged. It shall not contain a space to include the Social Security number of the person being charged; this provision does not affect the right a person may have under other law to use the person's Social Security number as the person's driver's license number.

Missouri

H.B. 235
Requires court clerks to remove Social Security numbers from certain family court filings.

 

H.B. 314
This bill prohibits the disclosure of certain personal information on typical court documents that are currently available to the public. Judgments and other orders in divorce, legal separation, child support, and child custody cases will not contain any Social Security numbers; the name and address of the current employer; and the name and date of birth of each child. The parties will provide the court with this information on a separate family court information sheet which must be sealed unless released by the court for good cause shown.

 

H.B. 481
Signed by governor 7/10/09
Requires only the last four digits of a person's Social Security number to be listed on certain court filing documents and the full number to be kept confidential.

 

H.B. 1083
This bill specifies that upon a finding of evidence that a state entity has knowingly disclosed a person's Social Security number the entity will be subject to a civil penalty of up to $1,000, and the court may order the entity to pay all court costs and reasonable attorney fees. If the entity is found to have purposely disclosed a person's number, it will be subject to a civil penalty of up to $5,000; and the court must order the entity to pay all court costs and reasonable attorney fees. The court must determine the amount of the penalty by taking into consideration the size of the jurisdiction, the seriousness of the offense, and whether the entity has previous disclosed a person's number.

 

S.B. 222
This act changes requirements for the usage of Social Security numbers and certain other identification information in certain court documents. The act also modifies the requirement that petitions, answers, and judgments in actions for divorce or legal separation and in actions for modification of maintenance or child support include the Social Security numbers of the parties and their children to require only the last four digits of the Social Security numbers on those documents. Also, in certain actions the parties must file family court information sheets which include the Social Security numbers and current employment information. Any pleadings other than interlocutory or final judgments in divorce or legal separation cases prior to August 28, 2009 may only be inspected by the parties, or upon order of the court, or in certain circumstances by the Family Support Division of DSS. The clerk is required to redact the SSN from judgments prior to August 28, 2009, before releasing them to the public. Any pleading, attachment, or exhibit filed with the court in any case shall not include full SSNs of parties in civil actions and of children subject to custody or support orders, or the credit card numbers and financial account numbers of parties. In certain cases a confidential case filing sheet shall be filed with the court. Except for certain cases, clerks are not required to redact any pleading, attachment, or exhibit prior to releasing the document to the public. Information in court records that could be used to identify victims of certain crimes is no longer a closed record, but shall be redacted if the record was filed before January 1, 2010. Beginning January 1, 2010, certain identifying information shall be retained on a confidential case filing sheet. Nothing shall be construed to permit the redaction of identifying information of a perpetrator of certain crimes.

 

S.B. 262
To conference committee 5/13/09
Changes requirements for the usage of Social Security numbers and certain other identification information in certain court documents. These sections also modify the requirement that petitions, answers, and judgments in actions for divorce or legal separation and in actions for modification of maintenance or child support include the Social Security numbers of the parties and their children to require only the last four digits of the Social Security numbers on those documents. Also, in certain actions the parties must file family court information sheets which include the Social Security numbers and current employment information. Any pleadings other than interlocutory or final judgments in divorce or legal separation cases prior to August 28, 2009 shall only be inspected by the parties, or upon order of the court, or in certain circumstances by the Family Support Division of DSS. The clerk is required to redact the SSN from any judgment or pleading before releasing them to the public. Any pleading, attachment, or exhibit filed with the court in any case shall not include the full SSN of any party in a civil action and of any child subject to custody or support orders, or the credit card numbers and financial account numbers of parties. In certain cases a confidential case filing sheet shall be filed with the court. Except for certain cases, clerks are not required to redact any pleading, attachment, or exhibit prior to releasing the document to the public.

Montana

H.B. 155
Signed by governor 4/6/09, Chapter 163
Requires state agencies to protect certain personal information; requires state agencies to develop procedures to protect Social Security numbers; and provides a notification procedure for state agencies or third parties regarding a breach suspected of compromising certain personal information.

Nebraska

L.B. 432
Signed by governor 5/26/09
Changes provisions related to unclaimed property. Requires records concerning Social Security number, date of birth, amount due, and last known address to be treated as confidential.

Nevada

S.B. 69
Provides that an applicant for the issuance of a license or certificate pursuant to this chapter shall include the Social Security number of the applicant in the application submitted to the Board of Complementary Integrative Medical Examiners.

 

S.B. 78
Signed by governor 6/1/09, Chapter 403
Provides that the application of a natural person who applies for the issuance of a certificate from the Division of Mental Health and Development Services of the Department of Health and Human Services must include the Social Security number of the applicant.

 

S.B. 320
Passed Senate 4/21/09
Provides that an applicant for the issuance of a license to practice dental hygiene shall include the Social Security number of the applicant in the application submitted to the Board.

 

S.B. 394
Vetoed by governor 5/26/09
Veto overridden 6/2/09, Chapter 504
Provides that an application for a license for an off-highway vehicle dealer, long-term or short-term lessor or manufacturer must be filed upon forms supplied by the Department and include the Social Security number of the applicant.

 

S.B. 434
Signed by governor 6/1/09, Chapter 428
Provides that an application for the issuance of a certificate to operate an intermediary service organization pursuant to section 31 of this act must include the Social Security number of the applicant.

New Hampshire

H.B. 211
Signed by governor 6/9/09, Chapter 75
Requires that a driver’s license display the licensee’s mailing address and not display the licensee’s Social Security number.

 

H.B. 518
Signed by governor 7/16/09, Chapter 238
Authorizes the Department of Safety to omit certain options that are currently required to be on the driver’s license application form. This bill also authorizes the use of a utility registration to transport manufactured housing and modular buildings.

New Jersey
none
New Mexico

H.B. 103
Relates to public records; exempts building plans and specifications and security systems from public inspection; exempting personal identifying information, including Social Security numbers, from public Inspection.

 

H.B. 663
Amends the voter records system act; removes Social Security numbers as a required element of information for voter registration; requires that certain information be provided upon making a request for a Social Security number.

New York

A.B. 235
Passed Assembly 2/9/09
S.B. 1696
Tracks the federal Privacy Act of 1974 with respect to the obligation of a person to disclose their social security number to another person, partnership, association or corporation; provides where there is no legal basis for request that a person may refuse to provide his or her Social Security number; provides for enforcement by attorney general.

 

A.B. 272
Provides that it shall be unlawful to sell or lease any consumer's electronic mail address or other personal identifying information without giving consumer notice and opportunity to opt out; provides for enforcement by the attorney general; injunction and civil penalties.

 

A.B. 308
S.B. 2180
Prohibits the use of Social Security numbers by an organization or governmental agency for identification purposes of individuals, including: publicly posting or displaying an individual's Social Security number; printing the Social Security number on any card required to access products or services; requiring the Social Security number to access a website; and printing an individual's number on any printed materials mailed to such individual; defines terms.

 

A.B. 329
S.B. 2179
Excludes a Social Security number or card from documentation required to renew an existing driver's license.

 

A.B. 405
Provides for public access (public inspection and copying) to certain records of public entities regarding certain public work and building service employees (i.e., records or portions thereof pertaining to the employee classifications of, rate of wages and supplements paid to, and number of hours worked by the employees of contractors classified as apprentices); provides for redaction of Social Security numbers.

 

A.B. 1218
Provides that agencies redact all personally identifying information before any document is made available to the public.

 

A.B. 1303
S.B. 700
Restricts the availability and use of the entirety of a person's Social Security number.

 

A.B. 2533
Requires six points of proof of identification of name, proof of date of birth and Social Security card in order to register to vote; directs board of elections to promulgate necessary rules and regulations.

 

A.B. 3042
Establishes the crimes of unlawful purchase or sale of a Social Security number in the first and second degrees; prohibits the sale of a person's Social Security account number; establishes unlawful sale of a Social Security number in the first degree as a class D felony and unlawful sale of a Social Security number in the second degree as a class E felony.

 

A.B. 3584
S.B. 3433
Creates the "Electronic Access to Records Act"; requires all state public records to be accessible on the Internet; prohibits provision of personal identifying information, unless explicitly required by law.

 

A.B. 4287
S.B. 4760
Prohibits the use of Social Security numbers for identification purposes of individuals.

 

A.B. 4558
Prohibits the public posting or public display of a person's Social Security account number; defines "Social Security account number"; makes exceptions; imposes a fine of $1,000 for each violation of this section.

 

A.B. 5054
Requires the use of identification numbers other than Social Security numbers on identification cards issued by the state or educational institutions.

 

A.B. 5603
Prohibits employers from putting Social Security numbers on checks, drafts or vouchers issued to employees.

 

H.B. 5703
Provides a comprehensive plan for the protection of confidential personal information; includes definitions, penalties and civil liability.

 

S.B. 1696
Tracks federal Privacy Act of 1974 with respect to the obligation of a person to disclose their Social Security number to another person, partnership, association or corporation; provides where there is no legal basis for request that a person may refuse to provide his or her Social Security number; provides for enforcement by attorney general.

 

S.B. 2155
Establishes no public entity, nor any officer or employee thereof, shall require a person's Social Security number to appear on certain public records.

 

S.B. 2180
Prohibits the use of Social Security numbers by an organization or governmental agency for identification purposes of individuals, including: publicly posting or displaying an individual's Social Security number; printing the Social Security number on any card required to access products or services; requiring the Social Security number to access a Web site; and printing an individual's number on any printed materials mailed to such individual; defines terms.

 

S.B. 2601
Relates to the fees that may be charged by a county clerk's office; requires that a county clerk not accept any document for recording if unnecessary personal identifying information is written on such document.

 

S.B. 3391
Establishes the crimes of unlawful purchase or sale of a Social Security number in the first and second degrees; prohibits the sale of a person's Social Security account number; establishes unlawful sale of a Social Security number in the first degree as a class D felony and unlawful sale of a Social Security number in the second degree as a class E felony.

 

S.B. 3392
Relates to the limitations on the use of Social Security numbers; defines "organization" and "informed written consent"; provides that no organization shall sell, share, lease or trade an individual's Social Security number with any other person without informed written consent of the individual to whom the Social Security number pertains.

 

S.B. 4186
Limits the use of Social Security numbers for identification of employees.

 

S.B. 5366
Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

North Carolina

S.B. 900
Passed Senate 5/14/09
Allows registers of deeds to remove personal identifying information from images or copies of records placed on the Internet without a request.

North Dakota

H.B. 1132
Signed by governor 3/19/09, Chapter 328
An operator’s license may not be issued with a distinguishing number that is, contains, can be converted to, or is an encrypted version of the applicant's Social Security number.

 

H.B. 1361
Signed by governor 4/21/09, Chapter 380
Provides that the Social Security number or federal tax identification number disclosed or contained in an application filed with the secretary of state under this chapter is confidential. The secretary of state shall delete or obscure any social security number or federal tax identification number before a copy of an application is released to the public.

 

S.B. 2068
Relates to the use of Social Security numbers or other alternate unique identification numbers on game and fish licenses and permits.

Ohio
none
Oklahoma

H.B. 1362
Passed House 3/3/09
Relates to marriage and family; relates to marriage license applications; prohibits entities from requiring, requesting or using social security numbers for marriage license applications.

 

H.B. 1363
Prohibits any organization from issuing an identification device which uses radio frequency identification or similar technologies that transmit personally identifiable information; prohibits an organization from requiring customers to submit biometric data in order to obtain membership, services, products, accreditation, benefits, privileges, or information; prohibits the collection of Social Security numbers unless required by law or voluntary; defines organization as any for-profit or nonprofit entity.

 

H.B. 1396
Relates to state government; relates to restrictions on use of Social Security numbers; prohibits disclosure of Social Security number to nonaffiliated third party; requires certain information be provided when disclosure of Social Security number is requested; proscribes the denial of any right, benefit or privilege for refusing to disclose Social Security number; prohibits entities from requiring, requesting or using biometric data.

 

H.B. 1625
Passed House 3/12/09
Relates to poor persons; relates to confidentiality of certain applications and records; creates Kelly's Law; prohibits distribution of Social Security numbers in certain circumstances; requires the establishment of unique identifier system.

 

H.B. 2145
Relates to motor vehicles; creates the Oklahoma Personal Information Protection Act; 47 O.S. 2001, §6-106, as last amended by Section 6, Chapter 326, O.S.L. 20 07 (47 O.S. Supp. 2008, §6-106), which relates to driver license applications; deletes certain application requirement; modifies requirement concerning Social Security numbers; prohibits collection of social security numbers for driver licenses, learner permits and identification cards.

 

S.B. 289
Relates to motor vehicles; creates The Religious Freedom and Privacy Protection Act of 2009; defines term; prohibits state from collecting biometric data for vehicle registration or driver licensing; provides exceptions; prohibits transfer of biometric data to certain entities; requires retrieval and deletion of biometric data; allows certain refusal of state retention of Social Security numbers.

 

S.B. 809
Relates to counties and county officers; creates the Personally Identifiable Information Act; provides short title; states purpose of act; defines term; prohibits the inclusion of certain information on certain documents; authorizes certain individuals to request certain information be taken off certain Internet website; establishes procedures; sets fine; authorizes county clerks to reject certain documents; provides exception.

 

S.B. 1158
Relates to motor vehicles; creates the "Oklahoma Personal Information Protection Act"; relates to driver license and identification cards; disallows use of Social Security numbers; authorizes the retrieval and deletion of certain information; allows for certain information distribution; establishes specified reporting.

Oregon

H.B. 2037
Requires Oregon Department of Administrative Services and local contracting agencies to maintain records concerning certain public contracts and to submit reports concerning that information to Governor and Legislative Assembly. Provides that records that agencies maintain are public records, but requires agencies to redact information other than individual's name that could identify individual before disclosing records. Requires agencies to make records available electronically by means of Internet.

 

H.B. 2360
Signed by governor 6/18/09, Chapter 363
Provides that only last four digits of settlor's Social Security number need be provided in certain trust related proceedings.

 

S.B. 206
Signed by governor 6/4/09, Chapter 226
Makes personal identifier information contained in license or certificate application to Construction Contractors Board confidential. Prohibits board from disclosing personal identifier information contained in application. Creates exceptions.

 

S.B. 240
Signed by governor 6/4/09, Chapter 230
Provides that certain documents in judicial proceedings contain only last four digits of debtor's Social Security number and driver license number. Allows garnishor or garnishor's attorney to provide full Social Security number to garnishee if garnishee requests number for purpose of identifying debtor. Provides that garnishee is not liable to any person by reason of using all or part of debtor's Social Security number for purpose of identifying debtor.

 

S.B. 248
Signed by governor 5/21/09, Chapter 113
Prohibits disclosure of certain personal identifiers of victim or witness to youth or youth offender in juvenile proceedings unless court orders disclosure.

Pennsylvania

H.B. 195
Provides for the regulation of home construction contracts and for the registration of certain home builders; prohibits certain acts; provides for penalties; establishes the Home Builder Guaranty Fund; and provides for claims against the fund.

 

H.B. 547
Prohibits the use of full Social Security numbers on state forms.

 

H.B. 560
Establishes the Pennsylvania Genealogical Research System. The system shall meet the following requirements: (i) Consist of an electronic registration and access system to be constructed and maintained by the Pennsylvania State Archives. (ii) Contain records management controls to assure the privacy, authenticity and integrity of the information the original records contain. (iii) Include provisions for redaction of sensitive personal information as deemed necessary, including Social Security numbers.

 

H.B. 736
Relates to confidentiality of Social Security numbers.

 

H.B. 974
Defines "personal identification number"; and further provides for personal income tax filing.

 

H.B. 1458
Regulates the use of credit reports, business records, Social Security numbers and other personal information.

 

S.B. 242
Extends privacy provisions to certain confidential individual information; and further provides for applicability.

 

S.B. 608
Requiring the provision of a child's birth certificate, which shows the names and Social Security numbers of the child's father and mother, to receive benefits.

 

S.B. 964
Amends the effective date of the Social Security Number Privacy Act.

Puerto Rico

H.R. 183
Adopted 2/9/09
Orders the Government Commission of the House of Representatives to conduct a study on the implementation of the existing law which provides that measures are being taken to prevent identity theft particularly those related to notification of affected parties from unauthorized access to your information and the removal of easily accessible records containing confidential information of individuals, including Social Security numbers; protects records by using necessary security measures.

Rhode Island

S.B. 105
Requires institutions and businesses that take a person's Social Security number to keep the Social Security number encrypted and extremely secure from outside sources.

 

S.B. 137
Creates the Social Security Number Privacy Act, and provides guidelines and penalties for violation.

South Carolina

H.B. 3409
Amends the Code of Laws of South Carolina, 1976, by adding article 3 to chapter 4, title 30 so as to enact the "personal information confidentiality act", to provide procedures for the collection, maintenance, and disclosure of personal information on citizens with certain exceptions and to provide certain rights to persons who suffer adverse effects because of the failure of agencies to comply with this article; and to redesignate the existing sections of chapter 4, title 30 as article 1 entitled "freedom of information act".

South Dakota

H.B. 1035
Signed by governor 2/11/09, Chapter 3
Requires the secretary of state to redact certain numbers before furnishing copies of information.

 

S.B. 147
Signed by governor 3/30/09, Chapter 10
Provides for public access to public records, provides certain exemptions, and provides for judicial remedies for noncompliance.

Tennessee

H.B. 618
S.B. 582
Signed by governor 5/21/09, Public Chapter 269
Prohibits a business or other entity from printing a consumer's Social Security number on a card or badge if the consumer has to display that card in order to obtain goods or services to which the consumer is entitled.

 

H.B. 847
S.B. 887
Authorizes filing offices to redact Social Security numbers from recorded documents.

 

H.B. 925
Signed by governor 6/12/09, Public Chapter 433
S.B. 1698
Prohibits the Department of Safety from requiring applicant to include Social Security number on form used to show proof of completion of handgun safety course; prohibits course instructor from withholding proof of completion based solely on applicant not providing Social Security number.

 

H.B. 1588
S.B. 1659
Signed by governor 5/18/09, Public Chapter 219
Authorizes veterans to request removal of their Social Security numbers from war records.

 

H.B. 1708
S.B. 1474
Requires the advisory committee on open government in consultation with the office of open records counsel to study the use of Social Security numbers by local governments and to report to the General Assembly by February 1, 2010.

 

H.B. 1840
S.B. 2105
Signed by governor 5/20/09, Public Chapter 260
Allows register in Knox, Blount, Shelby, and Sevier counties to redact Social Security numbers on recorded documents maintained on computers or removable computer storage media.

 

H.B. 2082
S.B. 1061
Requires only the last four digits of a person's Social Security number, instead of the entire Social Security number, to be provided and maintained on the permanent registration records in Shelby County.

 

H.B. 2100
S.B. 1545
Makes it an unfair or deceptive act for an entity to request a person's Social Security number; permits the request to be made in certain circumstances.

 

H.B. 2244
S.B. 2237
Sets amount of restoration fee above which person can petition for installment plan at $200; prohibits department from disclosing Social Security number in accident report; specifies that reinstatement fee must be paid before license is reinstated under certain conditions.

 

H.B. 2263
S.B. 2238
Requires motor carriers submitting vehicle for safety inspection to pay inspection fee determined by department; authorizes person whose driver license is revoked due to outstanding judgment to seek administrative review; requires confidentiality of Social Security number in certain documents.

Texas

H.B. 313
Passed House 5/14/09
Prohibits the final decree of dissolution of a marriage or the final order in a suit affecting the parent-child relationship from containing personal information with regard to any party to the decree or order and creates a separate, confidential document to contain this information.

 

H.B. 521
Provides that a person may not print an individual’s driver’s license or Social Security number on a receipt or other document that evidences payment for a sale of goods or services and is provided to the individual.

 

H.B. 914
S.B. 478
Passed Senate 4/2/09
Relates to certain personal information contained in a decree of dissolution of a marriage or an order in a suit affecting the parent-child relationship.

 

H.B. 1138
Signed by governor 6/19/09, Chapter 1117
Amends the Insurance Code to require the information on a pharmacy benefit identification card to include the enrollee's identification number, which cannot be the enrollee’s Social Security number, and the bank's identification number for electronic billing and to specify that certain information on the card be located on the front of the card.

 

H.B. 1724
S.B. 1084
Provides that on or before the 15th day of each month, a casino owner or operator or slot establishment owner or operator shall submit to the commission an employee report for the casino or slot establishment operated by the owner or operator. For each employee of the casino or establishment, the report must provide the employee’s name, job title, date of birth, and Social Security number.

 

H.B. 1773
S.B. 1692
Amends the public information law and the Tax Code to add current and former personnel from a law enforcement division of the office of the attorney general to the list of individuals for whom information identifying the individual's home address, home telephone number, or Social Security number or identifying whether the individual has family members is excepted from public availability under the open records law.

 

H.B. 2491
Passed House 4/24/09
Amends the Education Code to provide that personal information in the custody of a school district, open-enrollment charter school, or shared services arrangement that concerns an applicant for employment with or a current or former employee of the district, school, or shared services arrangement, including a substitute teacher or student teacher, that pertains to the applicant's or employee's home address, home telephone number, personal cellular phone number, date of birth, criminal history record information, driver's license number, personal electronic mail address, or Social Security number; that reveals whether the applicant or employee has family members; or that reveals whether the district, school, or shared services arrangement has obtained the applicant's or employee's criminal history record information is not considered public information subject to disclosure under open government laws.

 

H.B. 3419
Passed House 5/15/09
S.B. 1858
Passed Senate 5/6/09
Provides that information collected about a person to comply with this subchapter, including the person's name, address, phone number, Social Security number, driver's license number, other identification number, and fingerprint records, is prohibited from being released except to comply with this subchapter, by court order, or with the consent of the person who is the subject of the information; is not subject to disclosure as provided by Chapter 552, Government Code; and is required to be destroyed by the requestor of any subsequent holder of the information not later than the first anniversary of the date the information is received.

 

H.B. 3517
Signed by governor 6/19/09, Chapter 961
Amends the Transportation Code to repeal provisions relating to the Texas Department of Transportation requiring the provision of a Social Security number by an applicant for a motor vehicle certificate of title.

 

H.B. 3672
Passed House 5/14/09
Relates to the disclosure of personal information under the Motor Vehicles Records Disclosure Act and provides a penalty.

 

H.B. 3904
Relates to personal confidential information accessed by an employee of a state governmental body; imposes penalties.

 

H.B. 4134
S.B. 280
Relates to the exception from required public disclosure of certain personal information of public employees and public officials.

 

H.B. 4207
S.B. 1912
Passed Senate 5/18/09
Establishes temporary provisions, set to expire September 1, 2011, relating to personally identifiable information collected by state governmental bodies and an analysis of the subject by the comptroller of public accounts, assisted by a task force. The bill defines "personally identifiable information" to include any information collected by a state governmental body that may be used to distinguish or track the individual's identity or that may be linked to the individual, such as the individual's name, Social Security number, date of birth, location of birth, mother's maiden name, biometric records, medical information, educational information, financial information, and employment information.  The bill defines "state governmental body."

 

S.B. 1911
Relates to protection of individual identifying information and consumer credit information from unauthorized use or disclosure.

Utah

H.B. 206
Signed by governor 3/24/09, Chapter 174
This bill enacts the Employment Selection Procedures Act. This bill: defines terms; imposes restrictions on the collection of information or testing; addresses use of information collected; imposes requirements related to the retention, disposition, access, and confidentiality of information; and provides for enforcement, including: providing for a complaint process; and authorizing rulemaking; and makes technical and conforming amendments.

 

H.B. 1002, Special Session
Signed by governor 5/21/09, Chapter 2
This bill modifies the Employment Selection Procedures Act to modify conditions under which identifying information may be requested and when information may be disclosed. This bill: permits an employer, if certain conditions are met, to request information when the employer conducts an internal review for employment related actions; permits an employer, if certain conditions are met, to request information for purposes related to a government service, benefit, or program; clarifies when information may be disclosed by an employer as required by law or for purposes related to a government service, benefit, or program; and makes technical changes.

Virginia

H.B. 1894
S.B. 810
Provides that qualified voters may vote absentee in person without providing an excuse or reason for not being able to vote in person on election day. The bill retains the present statutory list of specific reasons entitling a voter to cast an absentee ballot for those persons who vote absentee by mail. Requires a voter to list the last four digits of his Social Security number on the application.

 

H.B. 2255
Signed by governor 2/23/09, Chapter 27
Eliminates the requirement that applicants for permits issued under the Virginia Waste Management Act provide the Social Security numbers of their key personnel in disclosure statements that are submitted to the Department of Environmental Quality.

 

H.B. 2426
Signed by governor 5/6/09, Chapter 867
Extends from July 1, 2009, to July 1, 2010, the implementation of the prohibition against collecting an individual's Social Security number unless collection of such number is (i) authorized or required by state or federal law and (ii) essential for the performance of that agency's duties.

 

H.B. 2427
Signed by governor 3/27/09, Chapter 213
Provides that the first five digits of a social security number contained in a public record shall be confidential and exempt from disclosure under the Freedom of Information Act. The bill does allow release of a Social Security number under certain limited circumstances, including proper judicial order; to federal, state or local law-enforcement or correctional personnel; by one agency to another agency in Virginia or to an agency in another state, district, or territory of the United States; and to any data subject exercising his rights under the Government Data Collection and Dissemination Practices Act. The bill provides for penalties for violation.

 

H.B. 2630
Allows a law-enforcement officer to request that personal information about the officer be withheld from disclosure on public records. For purposes of the Act, "personal information" includes the officer's name, Social Security number, address, phone number, and any other information that could be used to physically locate the officer.

 

S.B. 915
Provides that the court shall obtain from (i) persons at bail hearings, (ii) accused persons during arraignment, and (iii) defendants during the placement of probation and shall submit to the Department of Social Services the names, Social Security numbers, and dates of birth of the persons' and defendants' children, and the names of person having legal custody of such persons' and such defendants' children.

 

S.B. 1059
Signed by governor 3/30/09, Chapter 706
Revises requirements for court and administrative child support orders. This bill amends the requirement for court-issued support orders so that such orders for child support must include notice that support must continue to be paid for a child over the age of 18 who is (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party requesting or receiving support and may include support for a child over the age of 18 who is (a) severely and permanently disabled, (b) unable to live independently and care for himself, and (c) residing in the home of the parent seeking or receiving support; the party obligated to provide health care coverage shall keep the Department of Social Services informed of any changes in the availability of coverage or, where payments are made directly to the obligee, must keep the obligee informed of any changes in the availability of health coverage; the order shall provide for interest on arrearages at the judgment rate; and the Department of Motor Vehicles may suspend the license of any person upon receipt of notice from the Department of Social Services that the person is delinquent in the payment of child support by 90 days or an amount equal to $5,000 or that the person has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings. This bill further amends the requirement for administrative support orders, so that such orders must contain a provision specifying that all payments are to be credited to current support obligations first, with any payment in excess of current obligations applied to arrearages; the name, date of birth, and last four digits of the social security number of each child and each parent must be on the order unless the Department finds that a protective order has been issued or there is reason to believe that a party is at risk of physical or emotional harm from the other party; the debtor may be subject to mandatory withholding of income, interception of tax refunds or payments to the debtor from the Commonwealth, notification of arrearage information to consumer reporting agencies, passport denial or suspension, or incarceration; DMV may suspend or refuse to issue a driver's license upon receipt of notice from the Department of Social Services that the person is delinquent in the payment of child support by 90 days or an amount equal to $5,000 or that the person has failed to comply with a subpoena, summons, or warrant relating to paternity or child support proceedings; and the Department may initiate a review of the amount of support ordered by any court. This bill provides that the court may suspend any license, certificate, registration, or other authorization to engage in a recreational activity of a parent upon a delinquency in the payment of child support of 90 days or $5,000.

 

S.B. 1277
Signed by governor 3/27/09, Chapter 312
Requires, beginning July 1, 2012, that land records posted via secure remote access to the Internet may contain only the last four digits of the Social Security number of any party.

 

S.B. 1318
Signed by governor 4/8/09, Chapter 849
Extends from July 1, 2009, to July 1, 2010, the implementation of the prohibition against collecting an individual's Social Security number unless collection of such number is (i) authorized or required by state or federal law and (ii) essential for the performance of that agency's duties.

Washington

H.B. 1005
Requires owners of commercial Web sites or online services to post a privacy policy.

West Virginia

H.B. 2403
Passed House 2/26/09
Amends provisions regarding professional licensure boards; requires redactions of Social Security numbers on copies given to the public.

 

H.B. 2752
Eliminates the requirement of an applicant for a license to carry deadly weapons to provide his or her Social Security number.

 

S.B. 55
Limits the requirement of the use of a Social Security number in securing state, county or local services to those circumstances where the providing or presentation of one's Social Security number is required or authorized by federal law or regulation or state law or rule.

Wisconsin
none
Wyoming
none