BILL NUMBER: AB 1168	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2007

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 23, 2007

   An act to add Section 1798.88 to the Civil Code,   to amend
Sections 9516 and 9521 of, and to add Section 9526.5 to, the
Commercial 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 amended, 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
  to   implement policies and procedures
regarding the retention of  social security numbers in their
electronic records  so that no more than the last 4 digits of
any social security number is displayed   that are
accessible through the Internet, which shall provide for the
redaction of social security numbers  . The bill would 
require that these policies and procedures  authorize the
Attorney General, or any  affected resident of this state
  injured person  , 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   , before
disclosing  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   , shall
truncate  any social security number  on the record by
redacting the   first 5 digits of that number  . 
The bill would provide exceptions to this requirement for a county
recorder.  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) Existing law specifies requirements for the filing of various
documents with the Secretary of State and other filing offices. 

   This bill would apply requirements to truncate social security
numbers on specified filings.  
   (4) 
    (5)  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   , before
disclosing  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.   , shall truncate any social security number on
the record. For purposes of this section, "truncate" means to 
 redact the first five digits of a social security number. 

   (b) (1) Notwithstanding subdivision (a), with respect to a county
recorder, the requirement to truncate social security numbers shall
apply only to public records and shall not apply to official records,
as those terms are defined in this section.  
   (2) For purposes of this subdivision,  
   (A) "Public record" means ____.  
   (B) "Official record" means ____.  
   (3) This section shall become operative with respect to a county
recorder on January 1, ____. 
   SEC. 2.    Section 9516 of the   Commercial
Code   is amended to read: 
   9516.  (a) Except as otherwise provided in subdivision (b),
communication of a record to a filing office and tender of the filing
fee or acceptance of the record by the filing office constitutes
filing.
   (b) Filing does not occur with respect to a record that a filing
office refuses to accept because of any of the following:
   (1) The record is not communicated by a method or medium of
communication authorized by the filing office.
   (2) An amount equal to or greater than the applicable filing fee
is not tendered.
   (3) The filing office is unable to index the record because of any
of the following:
   (A) In the case of an initial financing statement, the record does
not provide a name for the debtor.
   (B) In the case of an amendment or correction statement, either of
the following applies with respect to the record:
   (i) It does not identify the initial financing statement as
required by Section 9512 or 9518, as applicable.
   (ii) It identifies an initial financing statement whose
effectiveness has lapsed under Section 9515.
   (C) In the case of an initial financing statement that provides
the name of a debtor identified as an individual or an amendment that
provides a name of a debtor identified as an individual which was
not previously provided in the financing statement to which the
record relates, the record does not identify the debtor's last name.
   (D) In the case of a record filed or recorded in the filing office
described in paragraph (1) of subdivision (a) of Section 9501, the
record does not provide a sufficient description of the real property
to which it relates.
   (4) In the case of an initial financing statement or an amendment
that adds a secured party of record, the record does not provide a
name and mailing address for the secured party of record.
   (5) In the case of an initial financing statement or an amendment
that provides a name of a debtor which was not previously provided in
the financing statement to which the amendment relates, the record
does not do any of the following:
   (A) Provide a mailing address for the debtor.
   (B) Indicate whether the debtor is an individual or an
organization.
   (C) If the financing statement indicates that the debtor is an
organization, provide any of the following:
   (i) A type of organization for the debtor.
   (ii) A jurisdiction of organization for the debtor.
   (iii) An organizational identification number for the debtor or
indicate that the debtor has none.
   (6) In the case of an assignment reflected in an initial financing
statement under subdivision (a) of Section 9514 or an amendment
filed under subdivision (b) of Section 9514, the record does not
provide a name and mailing address for the assignee.
   (7) In the case of a continuation statement, the record is not
filed within the six-month period prescribed by subdivision (d) of
Section 9515. 
   (8) The record contains more than the last four digits of a social
security number. 
   (c) For purposes of subdivision (b), both of the following rules
apply:
   (1) A record does not provide information if the filing office is
unable to read or decipher the information.
   (2) A record that does not indicate that it is an amendment or
identify an initial financing statement to which it relates, as
required by Section 9512, 9514, or 9518, is an initial financing
statement.
   (d) A record that is communicated to the filing office with tender
of the filing fee, but which the filing office refuses to accept for
a reason other than one set forth in subdivision (b), is effective
as a filed record except as against a purchaser of the collateral
which gives value in reasonable reliance upon the absence of the
record from the files.
   SEC. 3.    Section 9521 of the   Commercial
Code   is amended to read: 
   9521.  (a) A filing office that accepts written records may not
refuse to accept a written initial financing statement in the
following form and format or in the following form and format but
lacking a space identified for the disclosure of the social security
number of an individual except for a reason set forth in subdivision
(b) of Section 9516: (GRAPHIC INSERT HERE:  SEE PRINTED VERSION OF
THE BILL)
   (b) A filing office that accepts written records may not refuse to
accept a written record in the following form and format or in the
following form and format but lacking a space identified for the
disclosure of the social security number of an individual except for
a reason set forth in subdivision (b) of Section 9516: (GRAPHIC
INSERT HERE:  SEE PRINTED VERSION OF THE BILL)
   SEC. 4.    Section 9526.5 is added to the 
Commercial Code   , to read:  
   9526.5.  (a) Notwithstanding any other provision of law, a filing
office shall truncate any social security number on a filed record
before disclosing the record to the public. For purposes of this
section, "truncate" means to redact the first five digits of a social
security number.
   (b) Notwithstanding subdivision (a), a local agency in compliance
with Section 1798.88 of the Civil Code shall be deemed to be in
compliance with this section. Nothing in this section shall be deemed
to require a local agency to comply with the provisions of Section
1798.88 of the Civil Code before January 1, ____. 
   SEC. 2.   SEC. 5.   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. 
    66018.5.   (a) All colleges and universities in this
state shall implement policies and procedures regarding the retention
of social security numbers in electronic records that are accessible
through the Internet. The policies and procedures shall provide for
the redaction of social security numbers except where necessary and
shall include, but not be limited to, all of the following:
   (1) Regarding records that pertain to taxes, loans, or financial
aid, social security numbers shall be discarded upon the expiration
of the retention schedule prescribed by state or federal law.
   (2) Regarding applications for admission to undergraduate and
graduate courses of study, social security numbers shall be discarded
no later than one year after the application is submitted to the
college or university.
   (b) A college or university shall be deemed to have discarded a
social security number if it erases the number from its electronic
records, if it truncates the number so that only the last four digits
remain or if it creates a "one-way hash" of the number. For purposes
of this section, a "one-way hash" means ____.
   (c) Notwithstanding Section 67400, this section shall apply to the
University of California and all of its campuses.
   (d) The Attorney General, or any person injured by a violation of
this section, may bring a civil action to enforce this section.
   SEC. 3.   SEC. 6.   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.   SEC. 7.   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.