Social Security Number 2010 Legislation

Last updated: June 21, 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 2010, 26 states introduced legislation regarding the use and regulation of Social Security numbers. Ten states—Alabama, Arizona, Georgia, Illinois, IowaKansas, Maryland, Tennessee, Virginia and Wisconsin—enacted legislation or passed resolutions regarding the use and regulation of Social Security numbers.

AL | AZ | CA | GA | IL | IA | KS | KY | LA | MD | MA | MI | MN | MS | MO | NH | NJ | NY | NC | OK | PA | RI | SC | TN | VA | WI
STATES
TITLE
Alabama

H.B. 204
Passed House 2/17/10
This bill requires the person recording documents with the probate court to redact Social Security numbers and birthdates on public documents filed with the court. This bill authorizes the probate judge to redact, remove, or otherwise make illegible a Social Security number or birthdate appearing on public records filed with the probate court.

 

H.B. 455
Signed by governor 4/29/10, Act 707
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 marriage licenses or other documents, including military discharge forms, filed as a public record; to authorize the judge of probate to redact, remove, or otherwise make illegible a Social Security number or birthdate appearing on marriage licenses or other documents, including military discharge forms, filed as a public record.

 

S.B. 341
Indefinitely postponed 4/14/10
This bill requires the person recording documents with the probate court to redact Social Security numbers and birthdates on public documents filed with the court. This bill authorizes the probate judge to redact, remove, or otherwise make illegible a Social Security number or birthdate appearing on public records filed with the probate court.

 

S.B. 369
Under existing law, any agency which issues any license, certificate, or permit is directed to require the applicant to furnish the applicant's Social Security number to the agency and the agency is required to maintain records of the Social Security numbers in its file. This bill restricts access to public records that contain personal information.

Alaska
none
Arizona

H.B. 2534
Signed by governor 4/26/10, Chapter 155
Prohibits a traffic complaint from containing a person’s Social Security number.

Arkansas
none
California

A.B. 8, Eighth Special Session
To Assembly for concurrence 2/8/10
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.

 

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.

 

A.B. 1424
Died pursuant to Art. IV, Sec. 10(c) of the Constitution 1/31/10
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.

 

A.B. 2038
This bill, beginning January 1, 2012, and ending January 1, 2016, permits a state governmental licensing entity, that issues professional or occupational licenses, certificates, registrations, or permits, to suspend, revoke, or refuse to issue a license where the applicant or licensee has failed to pay income taxes, subject to specified procedures. This bill also requires those licensing entities 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 provides that the release or other use of information received by a state governmental licensing entity pursuant to these provisions, except as authorized, is punishable as a misdemeanor.

 

A.B. 2315
This bill requires a claimant to the Victim Compensation and Government Claims Board whose claim includes past or future medical treatment, upon request of the public entity or its representative, to provide his or her Social Security number, Medicare health insurance claim number (HICN), any alternate name, date of birth, and gender within 30 days of the request in order to assist with Medicare Secondary Payer Mandatory Reporting, as specified.

 

A.B. 2559
This bill prohibits a state agency, as defined, from requiring an applicant for any benefit, service, or privilege, or for participation in any program to provide his or her Social Security number unless the agency is otherwise expressly required by law to require that the applicant provide the Social Security number as a precondition to participation in the program or for receipt of the benefit, service, or privilege. This bill would similarly prohibit the agency from retaining the person's Social Security number, and require the agency to conform their application forms.

 

A.B. 2649
This bill requires a state governmental licensing entity, as defined and excluding the Department of Motor Vehicles and the Contractor's State License Board, 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. The bill provides that the license of a licensee who fails to satisfy the unpaid taxes by a certain date shall be automatically suspended, except as specified, and requires the Franchise Tax Board to provide a notice of suspension to the applicable state governmental licensing entity and to mail a notice of suspension to the licensee, and provides that the suspension be canceled upon compliance with the tax obligation. The bill requires the Franchise Tax Board to meet certain requirements and makes related changes. The bill authorizes a state governmental licensing entity, as specified, to impose a fee on a licensee with a suspended license in an amount necessary to cover its administrative costs.

 

S.B. 8, Eighth Special Session
Passed Senate 2/4/10
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.

Colorado
none
Connecticut
none
Delaware
none
District of Columbia
none
Florida
none
Georgia

H.B. 1004
Provides that it shall be illegal for the state or its political subdivisions to require the use of an individual's Social Security number or any portion thereof or date of birth or any portion thereof as a username or user identification or component of a username or user identification for access to computers, computer networks, software, web pages, and similar electronic files; provides for punishment for violations.

 

H.B. 1086
Signed by governor 5/20/10, Act 409
Provides that certain personal information relating to teachers and employees of public and nonpublic schools shall be exempt from disclosure; provides that information relating to tests administered by the Professional Standards Commission shall be exempt from disclosure.

Guam
none
Hawaii
none
Idaho
none
Illinois

H.B. 547
Signed by governor with amendatory veto 1/22/10, Public Act 96-0874
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.

 

H.B. 5202
Amends the Illinois Income Tax Act. Provides that the form prescribed by the Department of Revenue for estimated tax payments due on or after April 15, 2010 may not include the taxpayer's Social Security number.

 

H.B. 5354
Amends the Illinois Dental Practice Act. Makes a technical change in a Section concerning Social Security numbers on license applications.

 

H.B. 5781
Sent to governor 6/2/10
Creates the Reciprocal Tax Collection Act. Provides that the secretary of state may disclose Social Security numbers to the Illinois Department of Revenue solely for use by the department in the collection of any tax or debt that the department is authorized or required by law to collect. Provides that the department may not disclose the Social Security number to any person or entity outside of the department.

 

H.B. 5800
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person may not sell, market, promote, advertise, or otherwise distribute an individual's Social Security number without that individual's express written consent. Makes a person's violation of this provision an unlawful practice under the Act.

 

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.

 

S.B. 3125
Amends the Illinois Dental Practice Act. Makes a technical change in a section concerning Social Security numbers on license applications.

Indiana
none
Iowa

H.F. 2263
This bill requires the Department of Human Services to adopt rules to require that any program supported by public funds under the purview of the department require verification by state or local staff, as applicable, of the Social Security number of any applicant for program services. The department is directed to incorporate the verification requirement into all application processes in the most cost-effective manner.

 

H.F. 2447
Withdrawn 2/25/10
The bill allows the Department of Transportation to waive the requirement that an applicant for a persons with disabilities parking permit furnish the applicant's Social Security number, driver's license number, or nonoperator's identification card number when the application is for a temporary permit and is made on behalf of a person who is less than one year old.

 

S.F. 2246
Signed by governor 3/10/10
The bill allows the Department of Transportation to waive the requirement that an applicant for a persons with disabilities parking permit furnish the applicant's Social Security number, driver's license number, or nonoperator's identification card number when the application is for a temporary permit and is made on behalf of a person who is less than one year old.

Kansas

S.B. 386
Signed by governor 4/8/10, Chapter 90
Amends the Criminal Procedure Act by clarifying that except for when it is court ordered, a prosecuting attorney would not be required to provide vehicle identification numbers or other personal information of any victim or witness in documents to the defendant’s counsel.

Kentucky

H.B. 99
Passed House 2/3/10
Amends KRS 18A.0551 to change the Personnel Board election dates and related deadlines; substitutes a unique personal identification number for Social Security numbers.

 

H.B. 177
Withdrawn 1/7/10
Amends KRS 18A.0551 to change the Personnel Board election dates and related deadlines; substitutes a unique personal identification number for Social Security numbers.

 

H.B. 266
Amends KRS 218A.202 to allow a patient filling a prescription for a Schedule II, III, IV, or V controlled substance to use the patient's Social Security number, driver's license number, or number appearing on an identification card issued under KRS 186.412 as the patient identifier.

 

H.B. 581
Creates new sections of KRS Chapter 367 to create definitions related to identity theft; restrict certain uses by businesses of a consumer's Social Security number subject to certain exceptions, and to make a violation subject to the same remedies, duties, powers, and penalties as violations of the Consumer Protection Act; requires a business to give specified notice to a person whose personal information was acquired in a security breach subject to certain exceptions, to make a waiver void and unenforceable, and to declare that a violation is subject to the same remedies, duties, powers, and penalties as violations of the Consumer Protection Act; declares that the provisions regarding business use of Social Security numbers and security breach notices do not limit the power to enforce criminal or civil statutes or the right to bring civil actions, and to provide venue for civil actions brought by the attorney general regarding violations; amends KRS 365.725 to require a business disposing of records to destroy any record with personally identifiable information.

 

S.B. 90
Amends KRS 131.515 to specify liens filed shall contain no more than the last four numbers of any Social Security Number; amends KRS 186A.195 to specify that effective 1 January, 2011, any title lien shall contain no more than the last four numbers of any Social Security Number.

Louisiana

H.B. 1305
Provides for the removal of all but the last four digits of a person's Social Security or tax identification number which appears on instruments in the mortgage or conveyance records.

Maine
none
Maryland

H.B. 76
Prohibits the Criminal Injuries Compensation Board from allowing the inspection, use, or disclosure of a claimant's name, address, telephone number, or Social Security number, except as necessary for the Board to carry out its functions under the law.

 

H.B. 543
S.B. 219
Prohibits the disclosure of the identity or contact information of a specified 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. 1042
Signed by governor 5/4/10, Chapter 452
Prohibits on or after June 1, 2010, specified courts, the Maryland General Assembly, and specified departments and specified units of the executive branch of state government from publicly posting or displaying on specified Internet websites an individual's personal information under specified circumstances; authorizes specified persons to request that specified official custodians mask specified personal information in the Internet version of specified records.

 

H.B. 1494
Prohibits a specified form provided by the secretary of Health and Mental Hygiene from requiring or requesting an individual's complete Social Security number; and authorizes a specified form provided by the secretary to request the last four digits of an individual's Social Security number for a specified purpose.

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.

 

H.B. 4794
Prohibits inclusion of personal identifying information in an order under the family support act, unless required by law.

 

H.B. 4795
Prohibits inclusion of personal identifying information in order of filiation, unless required by law.

 

H.B. 4796
Prohibits inclusion of personal identifying information in divorce judgment, unless required by law.

Minnesota

H.F. 3140
S.F. 2883
Excludes full Social Security numbers from medical assistance documents filed with the county recorder or registrar of titles.

Mississippi

H.B. 195
Passed House 2/2/10
Authorizes chancery clerks to exclude certain personal identifying information from public records.

 

H.B. 691
Died in committee 2/2/10
Requires state agencies and businesses to keep personal information confidential; provides exceptions; provides penalties for violations.

 

S.B. 2788
Died in committee 2/2/10
Requires state agencies and businesses to keep personal information confidential; provides exceptions; provides penalties for violations.

 

S.B. 3021
Died in conference committee 3/27/10
Amends §25-1-111 to authorize the state and local officials to redact individual Social Security numbers when any record is published on the Internet or on a government controlled Web site; authorizes redaction of Social Security number by the chancery clerks when possible.

Missouri

H.B. 1405
This bill allows any pleading or filing, other than the interlocutory or final judgment, in a dissolution of marriage or legal separation filed before August 28, 2009, to be a public record if the court clerk has redacted the Social Security number from all the pleadings or filings. Upon a request, the clerk must redact the Social Security number from any filings, judgment, or pleading before releasing the information to the public.

 

H.B. 1984
This bill requires any information contained in a court record filed before January 1, 2011, that could be used to identify or locate the victim of sexual assault, domestic assault, stalking, or any other violation of Chapters 566 or 568, RSMo, to be redacted from the record prior to disclosure to the public. Beginning January 1, 2011, the name, home or temporary address, telephone number, and Social Security number of a victim of any of these crimes but not the named party in civil litigation must be retained on a confidential case filing sheet. The judge presiding over a sexual assault, domestic assault, or stalking case or any other case involving a violation of Chapters 566 or 568 has the discretion to publicly disclose identifying information regarding the defendant which could be used to identify or locate the victim of the crime.

 

H.B. 2056
Sent to governor 5/25/10
This bill requires a lien on real estate that is obtained based on a judgment or order for unpaid child support or maintenance to state only the last four digits of the obligor's Social Security number instead of the full number.

 

H.B. 2115
This bill specifies that any personal identifying information that is utilized in a voluntary registry of persons with health-related ailments created by a governmental body to assist these individuals during a disaster is not to be considered a public record under the Open Meetings and Records Law, commonly known as the Sunshine Law. However, a governmental body cannot deny a lawful request for the identifying information from any law enforcement agency or public governmental body providing emergency services.

 

S.B. 985
Passed Senate 3/25/10
This act modifies certain requirements about identification information in certain court pleadings, liens, notices of garnishment, and writs of sequestration. Currently, any pleadings other than interlocutory or final judgments in divorce or legal separation cases filed prior to August 28, 2009, shall only be inspected by the parties, an attorney of record, upon order of the court, or in certain circumstances by the Family Support Division of DSS. The clerk is required to redact Social Security numbers from any judgment or pleading before releasing them to the public. This act modifies these requirements, so that they also apply to pleadings in modification proceedings filed prior to August 28, 2009, and so that licensed title insurers or their designees, will also be allowed to inspect the pleadings in these cases. Those people who are authorized to inspect the pleadings in these cases may also receive or make copies of documents without the clerk being required to redact the Social Security number, unless the court specifically orders the clerk to do otherwise. Also, the clerk will no longer be required to redact the Social Security number from pleadings from cases prior to August 28, 2009, but only from any copy of a judgment or satisfaction of judgment. Currently, real estate liens based on unpaid child support or maintenance must include the person's Social Security number. This act requires only the last four digits of the Social Security number on the lien. This act also changes the requirement that notices of garnishment and writs of sequestration contain the federal taxpayer identification number of a judgment debtor. Only the last four digits of the debtor's federal taxpayer identification number will be required.

Montana
No Regular 2010 Session
Nebraska
none
Nevada
No Regular 2010 Session
New Hampshire

S.B. 367
Enrolled 5/19/10
Removes the requirement that the racing and charitable gaming commission obtain Social Security numbers from charitable organization members.

New Jersey

A.B. 1745
The bill makes the personal identifying information of a witness or victim contained in grand jury materials confidential. As used in the bill, “personal identifying information” is defined as any information, other than a name, that may be used, alone or in conjunction with any other information, to identify a specific individual and includes, but is not limited to, the address, telephone number, date of birth, Social Security number, official state issued identification number, employer or taxpayer number, place of employment, employee identification number, demand deposit account number, savings account number, credit card number, mother’s maiden name, or unique electronic identification number, address or routing code of the individual. The bill provides that personal identifying information of a witness or victim contained in grand jury materials may be accessed as follows: (1) An attorney for a party in a civil action who has obtained a court order authorizing disclosure of grand jury materials or an attorney for a defendant in a criminal matter arising out of a grand jury proceeding seeking discovery of grand jury materials shall, unless the prosecutor objects, have access to personal identifying information of a witness or victim deemed confidential under the bill. If the prosecutor objects, the personal identifying information of a victim or witness shall not be disclosed except as approved by the court upon a showing of particularized need by the defendant which outweighs the need to maintain the confidentiality of the information. (2) The prosecutor may deny access to confidential information contained in grand jury materials to a party in a civil action who has obtained a court order authorizing disclosure of grand jury materials or a defendant in a criminal matter arising out of a grand jury proceeding who is self-represented and is seeking discovery of grand jury materials. Where the self-represented party or self-represented defendant is aggrieved by a denial or objection of the prosecutor, the party or defendant may seek relief from the court, which may grant the release of the personal identifying information upon a showing of particularized need which outweighs the need to maintain the confidentiality of the information. The bill provides that personal identifying information of a witness or victim contained in grand jury materials, once accessed, may be released as follows: (1) An attorney who accesses confidential personal identifying information may disclose that information to persons employed by the attorney or appointed by the court as may be required to assist in the preparation of the defendant’s case; provided, however, that such disclosure shall be limited to only those specific items of personal identifying information actually required for preparation of the case and may be made only to those persons who will use the information for that purpose. In disclosing such information, the attorney shall inform any recipient that further dissemination of the information is prohibited by law. (2) The party or defendant shall not disclose the personal identifying information deemed confidential under subsection a. of this section to any third party without the authorization of the prosecutor. Any person who receives access pursuant to the provisions of the substitute to confidential personal identifying information who purposely, knowingly or recklessly discloses such information in violation of the provisions of the substitute is guilty of a crime of the fourth degree. Crimes of the fourth degree are punishable by up to 18 months imprisonment, a fine of $10,000, or both.

 

A.B. 2201
This bill would require a builder, and any officer, director, stockholder and principal employee associated with the builder’s company, to provide their Social Security numbers and the builder’s employer identification number, if any, on the registration form required pursuant to the “New Home Warranty and Builders’ Registration Act,” P.L.1977, c.467 (C.46:3B-1 et seq.). The intent of the bill is to facilitate the collection by the Department of Community Affairs of background information, including criminal history and bankruptcy information, about persons seeking registration, and therefore the ability to build homes in New Jersey, under the law.

 

S.B. 146
This bill prohibits the commissioner of Health and Senior Services or any other state agency from posting the personal information of any emergency medical technician on an Internet Web site. The bill defines personal information as information that identifies an individual, including an individual’s name, photograph, Social Security number, driver identification number, address, or telephone number.

 

S.B. 1366
This act bars the disclosure of personal identifying information of any witness except for the name of the witness, whose testimony is transcribed in a grand jury transcript, or who submitted evidence to the grand jury. The bar does not apply to an attorney for a party in a civil action or for a defendant in a criminal matter arising out of a grand jury seeking discovery of grand jury testimony contained in a grand jury transcript or grand jury records. However, under the bill, an attorney who shall purposely, knowingly or recklessly disclose the personal identifying information of any witness whose testimony is transcribed in the grand jury transcript or who submitted evidence to the grand jury, except for the name of the witness, commits a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000 or both.

New Mexico
none
New York

A.B. 235
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
Enacting clause stricken 4/13/10
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
Enacting clause stricken 4/13/10
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.

 

A.B. 9532
Passed Assembly 6/16/10
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.

 

A.B. 9862
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.

 

A.B. 10563
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.

 

A.B. 10729
Requires landlords to verify the Social Security numbers of a tenant applicant prior to rejecting the application of such applicant.

 

A.B. 11113
Relates to the processing of personal identifying information by inmates.

 

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. 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. 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
No Regular 2010 Session
Ohio
none
Oklahoma

H.B. 2708
Prohibits the appearance of Social Security numbers on marriage certificates; requires court clerks to redact Social Security numbers on certain existing marriage certificates.

 

H.B. 2923
Relates to motor vehicles; creates the Oklahoma Sovereignty Driver License Protection Act; relates to application for driver licenses; modifies Selective Service System registration requirements; prohibits the Department of Public Safety from retaining certain information; modifies driver license and identification card application requirements; prohibits the collection, retention or disclosure of Social Security numbers.

 

H.B. 2943
Relates to motor vehicles; creates the Biometric Driver License Religious Exemption Act; relates to application for driver licenses; modifies Selective Service System registration requirements; prohibits the Department of Public Safety from retaining certain information; modifies driver license and identification card application requirements; prohibits the collection, retention or disclosure of Social Security numbers.

Oregon
No Regular 2010 Session
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.

 

S.B. 1147
Amends the Social Security Number Privacy Act. Provides for use of Social Security Numbers alternatives.

Puerto Rico
none
Rhode Island

H.B. 7345
Creates the Social Security Number Privacy Act, and provides guidelines and penalties for violations thereof.

 

S.B. 2224
Creates the Social Security Number Privacy Act, and provides guidelines and penalties for violations thereof.

South Carolina

H.B. 4470
Adds §8-1-55 so as to enact the "Social Security Number Protection Act" to provide that a person is not required to provide his Social Security number on a form required by the state of South Carolina, and provides exceptions.

South Dakota
none
Tennessee

H.B. 2574
S.B. 2542
Prohibits Social Security numbers from being included on medical records prepared for electronic storage or transmission.

 

H.B. 3421
Signed by governor 6/9/10, Public Chapter 1017
S.B. 3518
This bill requires that, if unemployment benefits are paid by check, then the claimant's social security number must be omitted from the check and the check stub and from any other document in the envelope that contains the check.

Texas
No Regular 2010 Session
Utah
none
Vermont
none
Virginia

H.B. 433
Signed by governor 4/13/10, Chapter 749
Sets out the original date (January 1, 1975) when Social Security numbers were authorized to be collected/required by state and local agencies under federal law, which is a recommendation of the Freedom of Information Advisory Council. The bill also provides that nothing shall be construed to prohibit the collection of a Social Security number for the sole purpose of debt collection by state and local agencies.

 

H.B. 499
Signed by governor 4/7/10, Chapter 215
Provides that persons signing petitions for an independent candidate or candidate for nomination by primary will no longer be required to provide their Social Security number, but will be permitted to include the last four digits of their Social Security number.

 

H.B. 526
Signed by governor 4/11/10, Chapter 513
Declares that a person preparing or submitting a document or information that is filed with the clerk of the State Corporation Commission is responsible for ensuring that the document or information does not contain any personal identifiable information, which includes a Social Security number or other number on a driver’s license, information on credit cards or other electronic billing and payment systems, an individual's date of birth or parent's maiden name, and financial account numbers. The provision does not apply if the information is publicly available or is required or authorized by law to be included in the filed information. The measure also authorizes the clerk of the Commission to remove, delete, or obliterate such information from a document, and to refuse to accept for filing any document that includes personal identifiable information. The State Corporation Commission, its members, the clerk of the Commission, and any member of his staff are declared to be immune from liability for any acts or omissions in implementing these provisions.

 

H.B. 679
Clarifies that no state or local agency may collect a Social Security number from an individual unless (i) the collection is required by state or federal law or (ii) the collection is imperative for the performance of that agency's duties and responsibilities as prescribed by law. The bill also makes technical changes.

 

H.B. 836
Clarifies that a government entity cannot require an individual to furnish his entire Social Security number or any portion thereof. The bill also clarifies that a Social Security number or any portion thereof cannot be displayed on a student or government identification card.

 

H.B. 1259
Provides that the clerk of each district court shall ensure that all nonconfidential court records regarding a person's conviction for a criminal offense or a traffic infraction shall contain the last four digits of the person's Social Security number. The clerk of each circuit court must also comply with the requirement for such records that are made available via remote access.

Washington
none
West Virginia
none
Wisconsin

A.B. 727
Failed to pass pursuant to Senate Joint Resolution 1 4/28/10
Under this bill, counties collect a $25 fee, regardless of the number of pages of the instrument, for recording or filing most instruments that are recorded or filed with a register of deeds. Counties must remit $10 of each fee to the Department of Administration (DOA), which DOA uses to make modernization grants. If a county has, in addition to the three requirements under current law for retaining DOA fees, established a land information council, the county may retain $8 of each $10 fee that would otherwise be payable to DOA. Also under this bill, counties may temporarily collect a $30 fee for recording or filing these instruments or for recording certain probate certificates or preparing and mailing certain probate documents if the county uses $5 of each fee for purposes of redacting Social Security numbers from certain electronic format records. The $30 fee reverts to a $25 fee upon the earliest of the following: 1) completion of redaction of Social Security numbers from certain electronic format records; 2) January 1, 2012, unless an extension of time is granted by DOA; or 3) January 1, 2015. Also under this bill, when the register of deeds transfers instruments filed with or recorded by the register of deeds before April 1, 2006, to an electronic format, he or she is required to make a reasonable effort to redact Social Security numbers from the instrument’s electronic format.

 

H.B. 819
Failed to pass pursuant to Senate Joint Resolution 1 4/28/10
This bill prohibits the Department of Financial Institutions (DFI) from recording in its corporate registration system any instrument containing an individual’s Social Security number (SSN). If DFI is presented with an instrument containing an SSN, the bill allows DFI, prior to recording the instrument in the system, to remove or obscure characters from the SSN so that it is not discernable on the instrument. The bill also provides that, if DFI does not discover an SSN on an instrument until after DFI has recorded the instrument in the system, DFI is not liable for the instrument drafter’s placement of the SSN on the instrument, and DFI is allowed to remove or obscure characters from the SSN so that it is not discernable on the instrument. In addition, if DFI records an instrument in the system containing a complete SSN, the bill provides that the drafter of the instrument is liable for actual damages resulting from the instrument being recorded. The bill creates comparable provisions for records under the state’s version of Article 9 of the Uniform Commercial Code, which deals with secured transactions. The bill prohibits an office in which financing statements are to be filed under Article 9, which is referred to as a “filing office” and which is, with certain exceptions, DFI, from filing or indexing a record containing an individual’s SSN. If a filing office is presented with a record containing an SSN, the filing office may, prior to filing and indexing, remove or obscure characters as described above. If a filing office discovers an SSN on a record after filing and indexing, the filing office may also remove or obscure characters, and the filing office is not liable for the record drafter’s placement of the SSN on the record. In addition, if a filing office files or indexes a record containing a complete SSN, the drafter of the record is liable for actual damages resulting from the record being filed and indexed. The bill also eliminates references to SSNs on forms used for filing and amending financing statements.

 

S.B. 507
Signed by governor 5/12/10, Act 314
Under this bill, counties collect a $25 fee, regardless of the number of pages of the instrument, for recording or filing most instruments that are recorded or filed with a register of deeds. Counties must remit $10 of each fee to the Department of Administration (DOA), which DOA uses to make modernization grants. If a county has, in addition to the three requirements under current law for retaining DOA fees, established a land information council, the county may retain $8 of each $10 fee that would otherwise be payable to DOA. Also under this bill, counties may temporarily collect a $30 fee for recording or filing these instruments or for recording certain probate certificates or preparing and mailing certain probate documents if the county uses $5 of each fee for purposes of redacting Social Security numbers from certain electronic format records. The $30 fee reverts to a $25 fee upon the earliest of the following: 1) completion of redaction of social security numbers from certain electronic format records; 2) January 1, 2012, unless an extension of time is granted by DOA; or 3) January 1, 2015. Also under this bill, when the register of deeds transfers instruments filed with or recorded by the register of deeds before April 1, 2006, to an electronic format, he or she is required to make a reasonable effort to redact Social Security numbers from the instrument’s electronic format.

 

S.B. 581
Signed by governor 5/13/10, Act 347
Prohibits Social Security numbers on instruments under the corporate registration system and on records under Article 9 of the Uniform Commercial Code.

Wyoming
none

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