BILL NUMBER: SB 644 CHAPTERED 08/31/07 CHAPTER 189 FILED WITH SECRETARY OF STATE AUGUST 31, 2007 APPROVED BY GOVERNOR AUGUST 31, 2007 PASSED THE SENATE MAY 24, 2007 PASSED THE ASSEMBLY AUGUST 21, 2007 AMENDED IN SENATE MARCH 29, 2007 INTRODUCED BY Senators Correa, Ackerman, Harman, Margett, and Wyland (Coauthors: Assembly Members DeVore, Duvall, Huff, Silva, Solorio, Spitzer, and Tran) FEBRUARY 22, 2007 An act to amend Section 674 of the Code of Civil Procedure, and to amend Section 2191.3 of the Revenue and Taxation Code, relating to court records. LEGISLATIVE COUNSEL'S DIGEST SB 644, Correa. Court records: social security numbers. Existing law requires an abstract of judgment or decree requiring the payment of money to contain, among other things, the social security number and driver's license number of the judgment debtor if they are known to the judgment creditor, as specified. Property tax law authorizes a county tax collector to file specified liens on unsecured property for delinquent taxes, which filing for record without fee may contain the assessee's social security number, if known. This bill would delete the requirement that the above-described abstracts and filings contain the social security number of the judgment debtor or assessee, and instead require only the last 4 digits of that person's social security number. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 674 of the Code of Civil Procedure is amended to read: 674. (a) Except as otherwise provided in Section 4506 of the Family Code, an abstract of a judgment or decree requiring the payment of money shall be certified by the clerk of the court where the judgment or decree was entered and shall contain all of the following: (1) The title of the court where the judgment or decree is entered and cause and number of the action. (2) The date of entry of the judgment or decree and of any renewals of the judgment or decree and where entered in the records of the court. (3) The name and last known address of the judgment debtor and the address at which the summons was either personally served or mailed to the judgment debtor or the judgment debtor's attorney of record. (4) The name and address of the judgment creditor. (5) The amount of the judgment or decree as entered or as last renewed. (6) The last four digits of the social security number and driver' s license number of the judgment debtor if they are known to the judgment creditor. If either or both of those sets of numbers are not known to the judgment creditor, that fact shall be indicated on the abstract of judgment. (7) Whether a stay of enforcement has been ordered by the court and, if so, the date the stay ends. (8) The date of issuance of the abstract. (b) An abstract of judgment, recorded after January 1, 1979, that does not list the social security number and driver's license number of the judgment debtor, or either of them, as required by subdivision (a) or by Section 4506 of the Family Code, may be amended by the recording of a document entitled "Amendment to Abstract of Judgment." The Amendment to Abstract of Judgment shall contain all of the information required by this section or by Section 4506 of the Family Code, and shall set forth the date of recording and the book and page location in the records of the county recorder of the original abstract of judgment. A recorded Amendment to Abstract of Judgment shall have priority as of the date of recordation of the original abstract of judgment, except as to any purchaser, encumbrancer, or lessee who obtained their interest after the recordation of the original abstract of judgment but prior to the recordation of the Amendment to Abstract of Judgment without actual notice of the original abstract of judgment. The purchaser, encumbrancer, or lessee without actual notice may assert as a defense against enforcement of the abstract of judgment the failure to comply with this section or Section 4506 of the Family Code regarding the contents of the original abstract of judgment notwithstanding the subsequent recordation of an Amendment to Abstract of Judgment. With respect to an abstract of judgment recorded between January 1, 1979, and July 10, 1985, the defense against enforcement for failure to comply with this section or Section 4506 of the Family Code may not be asserted by the holder of another abstract of judgment or involuntary lien, recorded without actual notice of the prior abstract, unless refusal to allow the defense would result in prejudice and substantial injury as used in Section 475. The recordation of an Amendment to Abstract of Judgment does not extend or otherwise alter the computation of time as provided in Section 697.310. (c) (1) The abstract of judgment shall be certified in the name of the judgment debtor as listed on the judgment and may also include the additional name or names by which the judgment debtor is known as set forth in the affidavit of identity, as defined in Section 680.135, filed by the judgment creditor with the application for issuance of the abstract of judgment. Prior to the clerk of the court certifying an abstract of judgment containing any additional name or names by which the judgment debtor is known that are not listed on the judgment, the court shall approve the affidavit of identity. If the court determines, without a hearing or a notice, that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the additional names of the judgment debtor, the court shall authorize the certification of the abstract of judgment with the additional name or names. (2) The remedies provided in Section 697.410 apply to a recorded abstract of a money judgment based upon an affidavit of identity that appears to create a judgment lien on real property of a person who is not the judgment debtor. SEC. 2. Section 2191.3 of the Revenue and Taxation Code is amended to read: 2191.3. (a) The tax collector may make the filing specified in subdivision (b) where either of the following occurs: (1) There is a tax on any of the following: (A) A possessory interest secured only by a lien on that taxed possessory interest. (B) Goods in transit, not secured by any lien on real property. (C) Improvements that have been assessed pursuant to Section 2188.2. (D) Off-roll taxes on escape assessments where the error was not the fault of the assessee and the escape taxes are being paid pursuant to Section 4837.5. (E) Unsecured property not secured by a lien on any real property, and where the tax has become delinquent or where there are prior unpaid and delinquent taxes with respect to that same property. (2) A tax has been entered on the unsecured roll pursuant to Section 482, 531.2, or 4836.5, or transferred to the unsecured roll pursuant to any provision of law. (b) A filing for record without fee in the office of the county recorder of any county of a certificate specifying the amount due, the name, the last four digits of his or her federal social security number, if known, and last known address of the assessee liable for the amount, and compliance with all provisions of this division with respect to the computation and levy of the tax if compliance has in fact occurred. The procedure authorized by this section is cumulative to the procedure provided by Sections 2951 and 3003. The county recorder shall, within 30 days after a filing as described in this subdivision with respect to delinquent taxes on unsecured property, send a notice of the filing to the assessee at the assessee's last known address. The notice shall contain the information contained in the filing, and shall prominently display on its face the following heading: "THIS IS TO NOTIFY YOU THAT A TAX LIEN HAS BEEN FILED WITH RESPECT TO UNSECURED PROPERTY"