BILL NUMBER: AB 1168	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 23, 2007

   An act to add Section 1798.88 to the Civil Code, to add Section
66018.5 to the Education Code, and to add Section 15705 to the
Government Code, relating to social security numbers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1168, as introduced, Jones. Social security numbers.
   (1) Existing law establishes the University of California, under
the administration of the Regents of the University of California,
the California State University, under the administration of the
Trustees of the California State University, and the California
Community Colleges, under the administration of the Board of
Governors of the California Community Colleges, and private,
independent institutions of higher education as the 4 segments of
postsecondary education in this state.
   This bill would require, unless prohibited by federal law, all
colleges and universities located in this state, at both the campus
and systemwide levels, to truncate social security numbers in their
electronic records so that no more than the last 4 digits of any
social security number is displayed. The bill would authorize the
Attorney General, or any affected resident of this state, to bring a
civil action to enforce this provision.
   (2) Existing law prohibits any person or entity from publicly
posting or displaying in any manner an individual's social security
number, printing an individual's social security number on any card
required to access products or services, requiring an individual to
transmit his or her social security number over the Internet,
requiring an individual to use his or her social security number to
access an Internet Web site, or printing an individual's social
security number on any materials that are mailed to the individual,
with specified exceptions. Existing law provides that these
prohibitions do not apply to documents that are recorded or required
to be open to the public pursuant to the California Public Records
Act.
   The California Public Records Act requires state and local
agencies to make their records available for public inspection unless
a record is exempt from disclosure. The act exempts from disclosure,
among others, any record that is a personnel, medical, or similar
file the disclosure of which would constitute an unwarranted invasion
of personal privacy.
   This bill would provide that, notwithstanding these provisions, a
local agency shall not disclose to the public any record that is
required to be open to the public by any provision of law if that
record displays more than the last four digits of any social security
number. By creating a new standard for disclosure of records by
local agencies, this bill would impose a state-mandated local
program.
   (3) Existing law establishes in state government the Franchise Tax
Board to, among other duties, administer the Personal Income Tax Law
and the Corporation Tax Law.
   This bill would provide that, notwithstanding any other provision
of law, unless prohibited by federal law, the board shall truncate
social security numbers on lien abstracts and any other records
created by the board that are disclosable under the California Public
Records Act so that no more than the last four digits of any social
security number are displayed.
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1798.88 is added to the Civil Code, to read:
   1798.88.  (a) Notwithstanding subdivision (c) of Section 1798.85
or any other provision of law, unless required by federal law, a
local agency shall not disclose to the public any record that is
required to be open to the public by any provision of law if the
record displays more than the last four digits of any social security
number.
  SEC. 2.  Section 66018.5 is added to the Education Code, to read:
   66018.5.  (a) Notwithstanding any other provision of law, unless
prohibited by federal law, all colleges and universities located in
this state shall, at both the campus and systemwide levels, truncate
social security numbers in their electronic records so that no more
than the last four digits of any social security number are
displayed. Notwithstanding Section 67400, this section shall apply to
the University of California system and all of its campuses.
   (b)  The Attorney General, or any affected resident of this state,
may bring a civil action to enforce this section.
  SEC. 3.  Section 15705 is added to the Government Code, to read:
   15705.  Notwithstanding any other provision of law, unless
prohibited by federal law, the board shall truncate social security
numbers on lien abstracts and any other records created by the board
that are disclosable under Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 so that no more than the last four digits
of any social security number are displayed.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.