US Enacted Social Security Numbers Legislation Resource – 2004 Session in United States
US Enacted Social Security Numbers Legislation Resource – 2004 Session
| State: | Bill Summary: |
| Arizona | H.B. 2116 Signed by governor 4/19/04 States that a person commits criminal possession of a forgery device if the person makes or possesses any material, good, property or supply designed or adapted for use in forging written instruments or with the intent to aid or permit another person to use it for the purpose of forgery. Expands the definition of taking the identity of another person to include purchasing, manufacturing, recording or transmitting any personal identifying information to include entities and real or fictitious persons/entities. Requires a peace officer to take a report on the request of any person or entity whose identity has been taken. Allows prosecutors to file a complaint charging multiple identity theft violations in the county where the greatest number of violations are alleged to have occurred. States that it is unlawful for a person to intentionally or knowingly make or possess with the intent to commit fraud anything specifically designed or adapted for use as a scanning device or reencoder. Adds to the definition of personal identifying information any written document or electronic data that provides information concerning a signature, electronic mail address or account, tax identification number, employment information, citizenship status, alien identification number, personal identification number, photograph, DNA or genetic information or other financial account number. Clarifies that beginning on January 1, 2005, it is illegal for a person or entity to print a number that is known to be an individual’s Social Security number. States that if a number is received from a third party, there is no duty to determine if the number is an individual’s Social Security number. The number may be printed on materials mailed to the individual, unless the person or entity mailing the number knows that it is the individual’s Social Security number. States that beginning on January 1, 2009, no person or entity may knowingly print any sequence of numbers contained in an individual’s Social Security number on any card required for the person to receive service or products or materials that are mailed to the individual. |
| H.B. 2382 Signed by governor 4/26/04, Chapter 139 Prohibits all agencies except the Department of Revenue and state, county, city, town and political subdivision law enforcement agencies from using an individual’s Social Security number (SSN) in full. Those entities may utilize the full number except where otherwise prohibited. Allows state, county, city, town and political subdivision agencies to use the last four numbers of an individual’s SSN. Allows a state agency to transmit an individual’s SSN in full over the internet in the administration of employee payroll, employee benefits or workers’ compensation. Allows the industrial commission to transmit an individual’s SSN in full in the transmission of workers’ compensation claims to the interested parties by mail. Prohibits government agencies from transmitting material that contains both an individual’s SSN and bank, savings and loan association or credit union account numbers, except in the application, amendment, termination or confirmation of the account or SSN. |
|
| California | A.B. 782 Chaptered by secretary of state 6/7/04, Chapter 45 Establishes procedures for keeping the location or identifying information about the assets and liabilities of the parties in a dissolution matter sealed. Requires a related Judicial Council form to be revised no later than July 1, 2005, in accordance with those procedures and would make other related changes. Repeals a provision that allows Social Security numbers to be kept in a confidential portion of the court files. Authorizes a petitioner or respondent to redact Social Security numbers from pleadings, attachments, documents, or other material filed with the court, except as specified. |
| A.B. 3029 Chaptered by secretary of state 9/18/04, Chapter 584 Prohibits, subject to an exception for certain providers and services, a provider under the Medi-Cal program from submitting a reimbursement request to the Medi-Cal program containing a beneficiary’s Social Security number in order to receive payment if the Department has issued that beneficiary a Medi-Cal beneficiary identification card containing a beneficiary number that includes the issuance date. |
|
| S.B. 1618 Chaptered by secretary of state 9/29/04, Chapter 860 Requires an employer to furnish each employee with an accurate itemized statement at the time of payment showing the last four digits of the employee’s Social Security number. |
|
| Colorado | H.B. 1263 Signed by governor 5/21/04, Chapter 287 Unless requird by federal law or mandated as a condition of the state receiving federal funds, prohibits the Division of Wildlife in the Department of Natural Resources from the requiring submission of a license applicant’s Social Security number. |
| H.B. 1311 Signed by governor 6/4/04, Chapter 393 Prohibits the display of a person’s Social Security number on a license, pass, or certificate, issued by a public entity, unless it is necessary to further the purpose of the pass or required by state or federal law. Proscribes a public entity from requesting a person’s Social Security number over the phone, via the Internet, or by mail unless it is required by federal law or is essential to the public entity’s service. Requires public and private entities to develop a policy for disposal of documents containing personal identifying information. Considers a public entity that is compliant with the state archives act to have met its policy development obligation. Exempts trash haulers from having to verify that documents have been destroyed or properly disposed. Allows an insured to require that an insurance company not display the insured’s Social Security number on the insured’s insurance identification card or proof of insurance card. Requires the insurer to reissue the card without the Social Security number, if the insured makes the request. Prohibits an insurance company, after January 1, 2006, from issuing an insurance identification card or proof of insurance card displaying the insured’s Social Security number. Makes it a class 1 misdemeanor to possess another’s personal identifying information with the intent to use the information, or to aid or permit another to use the information, to unlawfully gain a benefit or to injure or defraud another. |
|
| S.B. 62 Signed by governor 4/8/04, Chapter 119 Requires a school district to submit the name, date of birth, and Social Security number of each nonlicensed person employed by the district from the human resource electronic data communications and reporting system to the Department of Education Directs the Department to create and maintain a database of the information. At the beginning of each semester, compels the school district to notify the department when a nonlicensed employee no longer works for the school district. Directs the Department to purge the database at least annually. Directs the Department, beginning November 15, 2004, and by August 30 each year thereafter, to provide a list of the current employees of each school district to the Colorado Bureau of Investigation. |
|
| Connecticut | H.B. 5184 Signed by governor 5/21/04, Public Act 04-119 Concerns the nondisclosure of private tenant information in a sale of public housing to a private entity, including the tenant’s Social Security number and bank account number. |
| Delaware | H.B. 265 Signed by governor 7/12/04, Chapter 337 Insures that Social Security numbers provided by hunting, fishing and trapping license holders would not be released to the public. Senate Bill No. 9, passed by the 142nd General Assembly and signed into law by the governor, mandated that license holders disclose their Social Security number in compliance with federal legislation associated with child support laws that deny licenses to persons delinquent in support payments. |
| Florida | H.B. 593 Laid on table 4/22/04 S.B. 348 Signed by governor 5/25/04, Chapter 95 Provides for the confidentiality of personal identifying information, including Social Security numbers, contained in records for United States attorneys, assistant United States attorneys, judges of the United States Courts of Appeal, United States district judges, United States magistrate judges, and their spouses and children. |
| H.B. 635 Signed by governor 5/11/04, Chapter 32 S.B. 2082 Laid on table 4/27/04 Provides an exemption from public records requirements for the names, home addresses, telephone numbers, Social Security numbers, and photographs of children who participate in government-sponsored recreation programs or camps, the names and locations of the schools attended by such children, and the names, home addresses, telephone numbers, and Social Security numbers of the parents or guardians of such children; provides for future review and repeal of the exemption. |
|
| Georgia | H.B. 1437 Signed by governor 5/13/04, Act 495 Provides that public disclosure shall not be required for records that would reveal the home address or telephone number, Social Security number, or insurance or medical information of employees of the Department of Revenue. |
| Hawaii | H.B. 2674 Signed by governor 5/28/04, Act 92 Exempts disclosure of Social Security numbers from government payroll records that are public information; restricts retail merchant card issuers from requesting personal information except for credit purposes and from sharing cardholder information. |
| Idaho | S.B. 1259 Signed by governor 3/23/04, Chapter 212 Amends existing law to require that members account numbers rather than Social Security numbers be specified in approved domestic retirement orders; deletes the requirement that Social Security numbers be provided for alternate payees in domestic retirement orders; and requires that Social Security numbers of alternate payees be provided to the Public Employee Retirement System Board prior to the approval of domestic retirement orders. |
| Illinois | H.B. 4712 Signed by governor 7/15/04, Public Act 93-739 Amends the Consumer Fraud and Deceptive Business Practices Act. Makes it an unlawful practice to publicly post or display an individual’s Social Security number, print an individual’s Social Security number on any card required to access products or services, require an individual to transmit his or her Social Security number over the Internet, require an individual to use his or her Social Security number to access an Internet web site, or print an individual’s Social Security number on materials that are mailed to the individual, subject to various exceptions. Provides that the new provisions do not apply to the collection, use, or release of a Social Security number by the state, a subdivision of the state, or an individual in the employ of the state or a subdivision of the state in connection with his or her official duties. Provides that a person or entity that provides an insurance card must print on the card an identification number unique to the holder of the card in the format prescribed by the Uniform Prescription Drug Information Card Act. |
| H.B. 5165 Signed by governor 7/27/04, Public Act 93-813 Creates the Social Security Number Protection Task Force Act and establishes the Social Security Number Protection Task Force to examine the procedures used by the state to protect an individual against the unauthorized disclosure of his or her Social Security number when the state requires the individual to provide his or her Social Security number to an officer or agency of the state. Requires a report by the first day of the 2004 fall veto session. |
|
| S.B. 2545 Signed by governor 7/14/04, Public Act 93-728 Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a person or entity may not print an individual’s Social Security number on an insurance card that is used to establish the eligibility of an individual or his or her dependents to receive health, dental, optical, or accident insurance benefits, prescription drug benefits, or benefits under a managed care plan or a plan provided by a health maintenance organization, a health services plan corporation, or a similar entity. Provides that existing insurance cards with an individual’s Social Security number must be replaced with insurance cards without the individual’s Social Security number. Provides that a violation constitutes an unlawful practice within the meaning of the Act. |
|
| Indiana | H.B. 1207 Signed by governor 3/17/04, Public Law 72 Exempts the Alcohol and Tobacco Commission (ATC) from statutes that prevent a state agency from compelling an individual to disclose a Social Security number. |
| Iowa | S.F. 2167 Signed by governor 3/29/04 Requires the name, Social Security number, and place and date of a decedent’s death. |
| Louisiana | H.B. 1464 Signed by governor 6/25/04, Act 565 Requires that only last four digits of Social Security number appear on mortgage records and notarial acts. |
| S.B. 338 Signed by governor 7/5/04, Act 636 Authorizes the Department of Environmental Quality to restrict access to certain sensitive and personal identification information, such as Social Security numbers, for the purpose of preventing the distribution or dissemination of such information via the Internet by the department or its employees, or by an authorized contractors. |
|
| Maine | L.D. 692 Signed by governor 1/29/04, Public Law Chapter 512 Prohibits the denial of goods or services to an individual because the individual refuses to provide a Social Security number. Does not prevent collection of Social Security numbers when provided for in current law. |
| Michigan | H.B. 6171 Passed House 9/29/04 S.B. 795 Signed by governor 12/22/04, Public Act 454 Creates the “Social Security Number Privacy Act” to prohibit a person from disclosing to a third party or publicly displaying all or any part of the Social Security number of an employee, student, or other individual, unless he or she consented to the disclosure in writing or the disclosure was authorized by law. A person who violates the Act would be responsible for a civil fine of up to $1,000. A person who knowingly violates the Act would be guilty of a misdemeanor punishable by up to 93 days imprisonment, a maximum fine of $1,000, or both. Authorizes an individual to bring a civil action against a person who violates the Act and recover actual damages or $1,000, whichever is greater, plus reasonable attorney fees. “Person” is defined as an individual, partnership, limited liability company, trust, custodian, estate, association, corporation, public or private elementary or secondary school, trade school, vocational school, community or junior college, college, university, or other governmental or legal entity. |
| H.B. 6176 Passed House 9/29/04 S.B. 657 Signed by governor 12/27/04, Public Act 462 Adds to the list of offenses constituting unlawful trade practices the act of requiring a consumer to disclose his or her Social Security number as a condition to selling goods or providing a service to the consumer unless the purchase, provision, payment, or transaction included an application for or an extension of credit to the consumer or disclosure was required or authorized by applicable state or federal statute, rule, or regulation. |
|
| Ohio | H.B. 306 Signed by governor 4/23/04 Eliminates the authority of the Division of Liquor Control to order liquor permit holders to stop selling intoxicating liquor to certain persons; authorizes the Division to share Social Security numbers with other state agencies for specific purposes and to seek BCII or FBI criminal records checks. |
| Oklahoma | H.B. 2488 Signed by governor 5/12/04, Chapter 296 Prohibits certain uses of Social Security numbers; provides exceptions. |
| Rhode Island | H.B. 7066 Became effective without governor’s signature 7/3/04, Public Law 311 Prohibits any person, firm, corporation or other business entity which offers discount cards for purchases made at any business maintained by the offeror from requiring that a person who applies for a discount card furnish his or her Social Security number or motor vehicle operator’s license as a condition precedent to the application for the consumer discount card. |
| H.B. 7936 Passed both houses 6/26/04, Resolution 382 Prohibits the Board of Governors for Higher Education from denying admission to any state secondary institution of higher learning based solely upon an applicant’s undocumented immigration status or failure to provide proof of the issuance of a valid Social Security number. |
|
| South Carolina | H.B. 3759 S.B. 417 Signed by governor 5/24/04, Act 236 Deletes the requirement that the application for an absentee ballot contain the applicant’s Social Security number. |
| S.B. 763 Signed by governor 5/24/04, Act 239 Relates to applications for voter registration, so as to delete the requirement that an applicant’s Social Security number be placed on the application form. |
|
| Utah | H.B. 245 Signed by governor 3/10/04, Session Law Chapter 2 Modifies the Insurance Code; addresses confidentiality and distribution of certain records or documents; prohibits certain activities related to Social Security numbers. |
| Virginia | H.B. 332 Signed by governor 4/8/04, Chapter 352 Provides that where the circuit court clerks have the power to decline to accept any instrument submitted for recordation that includes a grantor’s, grantee’s or trustee’s Social Security number, the attorney or party who submits the instrument has responsibility for ensuring that the number is removed from the instrument before it is submitted for recordation. |
| H.B. 382 Signed by governor 4/8/04, Chapter 355 Allows a clerk of court to withhold from public disclosure the Social Security number in a concealed handgun permit application in response to a request to inspect or copy such permit application. However, the Social Security number shall not be withheld from a law-enforcement officer acting in the performance of his official duties. |
|
| H.B. 872 Signed by governor 4/12/04, Chapter 450 Authorizes the attorney general, with the concurrence of the attorney for the Commonwealth, to assist in the prosecution of the crimes of identity theft (§18.2-186.3) and the use of a person’s identity with the intent to intimidate, coerce, or harass (§18.2-186.4). Allows for a conviction under the identity theft statutes when the defendant uses a false or fictitious name. Requires DMV, upon notification from the attorney general that an Identity Theft Passport has been issued to a driver, to note the same on the driver’s abstract. Directs child day programs that reproduce or retain documents of a child’s proof of identity that are required upon the child’s enrollment into the program to destroy them upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction or other disposition of the proof of identity containing Social Security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the Social Security numbers in those records to make them unreadable or indecipherable by any means. |
|
| Washington | S.B. 6494 Signed by governor 3/24/04, Chapter 115 Provides that, after December 31, 2005, a health carrier that issues a card identifying a person as an enrollee, and requires the person to present the card to providers for purposes of claims processing, may not display on the card an identification number that includes more than a four-digit portion of the person’s complete Social Security number. Provides that, any card issued after December 31, 2005, by the department or a managed health care system to a person receiving services under chapter 74.09 RCW, that must be presented to providers for purposes of claims processing, may not display an identification number that includes more than a four-digit portion of the person’s complete Social Security number. |
| Wisconsin | A.B. 84 Signed by governor 4/19/04, Act 282 Prohibits private institutions of higher education located in this state from assigning to any student an identification number that is identical to or incorporates the student’s Social Security number. |
| A.B. 459 Signed by governor 2/6/04, Act 120 Amends the standard form generally in use in this state to perfect certain types of security interests so as to include, in the box where a Social Security number or employer identification number may be recorded, a statement that these numbers are not required in Wisconsin. Requires the Department of Financial Institutions to include a notice in the instructions for these financing statements indicting that these numbers are not required in Wisconsin. |
Leave a Reply