BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 40| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 40 Author: Correa (D) Amended: 3/31/09 Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 3/24/09 AYES: Corbett, Harman, Florez, Leno, Walters SUBJECT : Personal information: social security numbers SOURCE : Orange County Board of Supervisors DIGEST : This bill imposes a number of restrictions on the use of social security numbers in public records. Specifically, this bill: 1.Provides that a document containing more than the last four digits of social security numbers is not entitled for recording beginning January 1, 2010. 2.Provides that a recorder shall be deemed to be in compliance if he or she uses due diligence to locate social security numbers in documents presented for recordings. 3.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 spousal, child, or family support. ANALYSIS : Existing law requires the recorder of each CONTINUED SB 40 Page 2 county to establish a social security number truncation program in order to create a "public record" version of each "official record." The "public record" is an exact copy of the "official record" except that any social security number contained in the "official record" is truncated by redacting the first five digits of that number. (Government code Section 27300 et seq.) Existing law requires that when a "public record" version of an "official record" exists, and upon request of any person to inspect, for a copy of, or to otherwise publicly disclose that record, the recorder shall make available only the "public record" version. The "official record" may also be disclosed in response to a subpoena or court order. (Government Code Section 27303.) Existing law requires any person, entity, or government agency that is presenting a document for recording or filing with a county recorder to only list the last four digits of a social security number. (Civil Code Section 1798.89.) This bill instead provides that unless otherwise required to do so by state or federal law, no person, entity, or governmental agency shall present for recording or filing with a county recorder a document that is required by an provision of law to be open to the public if that record displays more than the last four digits of a social security number. Unless otherwise authorized by state or federal law, a document containing more than the last four digits of a social security number is not entitled for recording. The bill provides that a recorder shall be deemed to be in compliance with the requirements of this section if he or she uses due diligence to locate social security numbers in documents presented for recording. This bill provides that the above provisions shall not apply to documents created prior to January 1, 2010. Existing federal law requires that the social security number of any individual who is subject to a divorce decree, support order, or paternity determination or SB 40 Page 3 acknowledgement be placed in the records relating to the matter. (42 U.S.C. Section 666(a)(13)(B).) Existing law requires an abstract of judgment ordering a party to pay spousal, child, or family support to contain the social security number of the party who is ordered to pay. (Family Code Section 4506.) This bill instead 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. The bill specifies that the above provisions shall not apply to documents created prior to January 1, 2010. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/1/09) Orange County Board of Supervisors (source) American Civil Liberties Union American Federation of State, County and Municipal Employees, AFL-CIO California Alliance for Retired Americans ARGUMENTS IN SUPPORT : The sponsor of the bill, the Orange County Board of Supervisors, states: "This bill supports the state's ongoing efforts to combat identity theft and provides a cost-savings to counties. As of January 1, 2009, California counties are required to create 'public copies' of any document that contains an SSN. The 'public copy' must redact the first five digits of the SSN, and only that copy can be provided for public viewing or copying. This bill will reduce the number of 'public copies' needed in the future and reduce costs to the County." RJG:cm 4/1/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****