BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    SB 40|
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                                 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  
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          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  







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          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

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