Bill Text: CA SB40 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Personal information: social security numbers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 552, Statutes of 2009. [SB40 Detail]
Download: California-2009-SB40-Amended.html
Bill Title: Personal information: social security numbers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 552, Statutes of 2009. [SB40 Detail]
Download: California-2009-SB40-Amended.html
BILL NUMBER: SB 40 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 9, 2009
INTRODUCED BY Senator Correa
JANUARY 6, 2009
An act to amend Section 1798.89 of the Civil Code, to amend
Section 4506 of the Family Code, and to amend Sections 102200,
102230, 102360, and 102425 of the Health and Safety Code, relating to
social security numbers.
LEGISLATIVE COUNSEL'S DIGEST
SB 40, as amended, Correa. Personal information: social security
numbers.
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 4 digits of a social security number.
This bill would instead require the county recorder to
reject any document that contains more than the last 4 digits of a
the social security number provide that a document
containing more than the last 4 digits of a social security number is
not entitled for recording. This bill would also provide 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
recording .
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.
This bill would instead require an abstract of judgment to contain
only the last 4 digits of the social security number of the party
who is ordered to pay.
Existing law requires the State Registrar of Vital Statistics, to
administer the registration of births and deaths. Existing law
requires the State Registrar to arrange and permanently preserve the
certificates in a systematic manner and to prepare and maintain a
comprehensive and continuous index of all certificates registered.
Existing law requires the comprehensive birth and death record
indices prepared and maintained by the State Registrar and by local
registrars and county recorders to be kept confidential. Existing law
requires that certain birth and death records include specified
information, including certain social security numbers.
This bill would instead require only the last 4 digits of a person'
s social security number to be displayed on birth and death
certificates.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1798.89 of the Civil Code is amended to read:
1798.89. Unless otherwise required to do so by state or federal
law, the county recorder shall reject for recording any
document that has more than the last four digits of the social
security number. law, no person, entity, or
governmental agency shall present for recording or filing with a
county recorder a document that is required by any 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. 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 fo
r recording.
SEC. 2. Section 4506 of the Family Code is amended to read:
4506. (a) An abstract of a judgment ordering a party to pay
spousal, child, or family support to the other party shall be
certified by the clerk of the court where the judgment was entered
and shall contain all of the following:
(1) The title of the court where the judgment is entered and the
cause and number of the proceeding.
(2) The date of entry of the judgment and of any renewal of the
judgment.
(3) Where the judgment and any renewals are entered in the records
of the court.
(4) The name and last known address of the party ordered to pay
support.
(5) The name and address of the party to whom support payments are
ordered to be paid.
(6) The Only the last four digits of
the social security number, birth date, and driver's license number
of the party who is ordered to pay support. If any of those numbers
are not known to the party to whom support payments are to be paid,
that fact shall be indicated on the abstract of the court 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.
(9) Any other information deemed reasonable and appropriate by the
Judicial Council.
(b) The Judicial Council may develop a form for an abstract of a
judgment ordering a party to pay child, family, or spousal support to
another party which contains the information required by subdivision
(a).
(c) Notwithstanding any other provision of law, when a support
obligation is being enforced pursuant to Title IV-D of the Social
Security Act, the agency enforcing the obligation may record a notice
of support judgment. The notice of support judgment shall contain
the same information as the form adopted by the Judicial Council
pursuant to subdivision (b) and Section 4506.1. The notice of support
judgment shall have the same force and effect as an abstract of
judgment certified by the clerk of the court where the judgment was
entered. The local child support agency or other Title IV-D agency
shall not be subject to any civil liability as a consequence of
causing a notice of support judgment to be recorded.
(d) As used in this section, "judgment" includes an order for
child, family, or spousal support.
SEC. 3. Section 102200 of the Health and Safety Code is amended to
read:
102200. The State Registrar shall prescribe and furnish all
record forms for use in carrying out the purposes of this part, or
shall prescribe the format, quality, and content of forms
electronically produced in each county, and no record forms or
formats other than those prescribed shall be used. To prevent fraud,
birth and death certificate forms shall be formatted
prescribed to allow inclusion of only the last
four digits of any social security number.
SEC. 4. Section 102230 of the Health and Safety Code is amended to
read:
102230. (a) (1) The State Registrar shall arrange and
permanently preserve the certificates in a systematic manner and
shall prepare and maintain comprehensive and continuous indices of
all certificates registered.
(2) The birth and death record indices prepared pursuant to
paragraph (1) and all comprehensive birth and death record indices
prepared or maintained by local registrars and county recorders shall
be kept confidential and shall be exempt from disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
(3) Notwithstanding paragraph (2), the State Registrar, at his or
her discretion, may release comprehensive birth and death record
indices to any government agency. Local registrars and county
recorders, when requested, shall release their comprehensive birth
and death record indices to the State Registrar. A government agency
that obtains indices pursuant to this paragraph may not sell or
release the index or any portion of its contents to any other person
except as necessary for official government business and shall not
post the indices or any portion thereof on the Internet.
(b) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth and death records
for public release.
(2) For purposes of this section, noncomprehensive birth record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, and place of birth.
(3) For purposes of this section, noncomprehensive death record
indices for public release shall be comprised of first, middle, and
last name, sex, date of birth, place of birth, place of death, date
of death, and father's last name.
(4) Requesters of the birth or death record indices prepared
pursuant to this subdivision shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
(A) The proposed use of the birth or death record indices.
(B) A disclaimer crediting any analyses, interpretations, or
conclusions reached regarding the birth or death record indices to
the author and not to the State Department of Health Services.
(C) Assurance that technical descriptions of the birth or death
record indices are consistent with those provided by the State
Department of Health Services.
(D) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth or death record indices.
(E) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes.
(5) Birth and death record indices obtained pursuant to this
subdivision, and any portion thereof, shall not be used for
fraudulent purposes.
(c) (1) The State Registrar shall prepare and maintain separate
noncomprehensive indices of all California birth and death records
for purposes of law enforcement or preventing fraud.
(2) For purposes of this section, noncomprehensive birth record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, sex, date of birth, place of birth, and
mother's maiden name.
(3) For purposes of this section, noncomprehensive death record
indices for the purpose of preventing fraud shall be comprised of
first, middle, and last name, place of death, mother's maiden name,
sex, only the last four digits of the social security
number, date of birth, place of birth, date of death, and father's
last name.
(4) The birth and death record indices prepared pursuant to this
subdivision shall be made available to financial institutions, as
defined in 15 U.S.C. Sec. 6827(4)(A) and (B), its representatives or
contractors, consumer credit reporting agencies, as defined in
subdivision (d) of Section 1785.3 of the Civil Code, its
representatives or contractors, those entities providing information
services for purposes of law enforcement or preventing fraud,
officers of the court for the sole purpose of verifying a death, and
to persons or entities acting on behalf of law enforcement agencies
or the court, or pursuant to a court order.
(5) The birth and death record indices prepared pursuant to this
subdivision may be released to any government agency.
(6) Requesters of the birth or death record indices prepared
pursuant to this subdivision shall provide proof of identity,
complete a form, and sign the form under penalty of perjury. The form
shall include all of the following:
(A) An agreement not to release or allow public access to the
birth or death record indices, and an agreement not to post the
indices on the Internet, except as permitted by this subdivision.
(B) The proposed use of the birth or death record indices.
(C) The names of all persons within the organization, if
applicable, who will have access to the birth or death record
indices.
(D) A disclaimer crediting any analyses, interpretations, or
conclusions reached regarding the birth or death record indices to
the author and not to the State Department of Health Services.
(E) Assurance that technical descriptions of the birth or death
record indices are consistent with those provided by the State
Department of Health Services.
(F) Assurance that the requester shall not sell, assign, or
otherwise transfer the birth or death record indices, except as
permitted by this subdivision.
(G) Assurance that the requester shall not use the birth or death
record indices for fraudulent purposes.
(7) (A) Birth and death record indices, and any portion thereof,
obtained pursuant to this section, shall not be used for fraudulent
purposes and shall not be posted on the Internet.
(B) Notwithstanding subparagraph (A), individual information
contained in birth and death record indices may be posted on the
Internet if all of the following requirements are met:
(i) The individual information is posted on a Web site that is
protected by a password.
(ii) The individual information is posted on a Web site that is
available to subscribers only for a fee.
(iii) The individual information is not posted for public
display.
(iv) The individual information is available to subscribers
pursuant to a contractual agreement.
(v) The individual information is posted for purposes of law
enforcement or preventing fraud.
(d) Mail-in requests from nongovernmental agencies for birth and
death record indices requested pursuant to subdivisions (b) and (c)
shall include a notarized statement attesting to the identity of the
requester.
(e) Noncomprehensive birth and death record indices pursuant to
subdivisions (b) and (c) shall be updated annually.
(f) All birth and death record indices provided pursuant to this
section shall be made available subject to cost recovery provisions
of the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(g) Any noncomprehensive birth and death record indices created
by local registrars or county recorders shall be subject to the
conditions for release required by this section.
(h) A person or entity that obtains a birth or death record
index, or any portion thereof, from a requester who has obtained the
index in accordance with paragraph (6) of subdivision (c) may not
sell, assign, or otherwise transfer that index, or any portion
thereof, to any third party.
(i) Paragraphs (2) and (3) of subdivision (a) and subdivisions
(b) to (h), inclusive, shall be implemented only to the extent that
funds for these purposes are appropriated by the Legislature in the
annual Budget Act or other statute.
SEC. 5. Section 102360 of the Health and Safety Code is amended to
read:
102360. The local registrar of births and deaths shall furnish to
the registrar of voters or county clerk not later than the 15th day
of each month a notification of all deceased persons 18 years of age
and over whose deaths were registered with him or her or of whose
deaths he or she was notified by the state registrar of vital
statistics during the preceding month. This notification shall
include at least the name, only the last four digits of
the social security number, sex, age, birthplace, birthdate, place of
residence, and date and place of death for each decedent. Copies of
this notification list shall be sent at the same time to the county
welfare department and the local district social security office.
SEC. 6. Section 102425 of the Health and Safety Code is amended to
read:
102425. (a) The certificate of live birth for any live birth
occurring on or after January 1, 1980, shall contain those items
necessary to establish the fact of the birth and shall contain only
the following information:
(1) Full name and sex of the child.
(2) Date of birth, including month, day, hour, and year.
(3) Place of birth.
(4) Full name of the father, birthplace, and date of birth of the
father including month, day, and year. If the parents are not married
to each other, the father's name shall not be listed on the birth
certificate unless the father and the mother sign a voluntary
declaration of paternity at the hospital before the birth certificate
is prepared. The birth certificate may be amended to add the father'
s name at a later date only if paternity for the child has been
established by a judgment of a court of competent jurisdiction or by
the filing of a voluntary declaration of paternity.
(5) Full birth name of the mother, birthplace, and date of birth
of the mother including month, day, and year.
(6) Multiple births and birth order of multiple births.
(7) Signature, and relationship to the child, of a parent or other
informant, and date signed.
(8) Name, title, and mailing address of the attending physician
and surgeon or principal attendant, signature, and certification of
live birth by the attending physician and surgeon or principal
attendant or certifier, date signed, and name and title of the
certifier if other than the attending physician and surgeon or
principal attendant.
(9) Date accepted for registration and signature of local
registrar.
(10) A state birth certificate number and local registration
district and number.
(11) A blank space for entry of the date of death with a caption
reading "Date of Death."
(b) In addition to the items listed in subdivision (a), the
certificate of live birth shall contain the following medical and
social information, provided that the information is kept
confidential pursuant to Sections 102430 and 102447 and is clearly
labeled "Confidential Information for Public Health Use Only":
(1) Birth weight.
(2) Pregnancy history.
(3) Race and ethnicity of the mother and father.
(4) Residence address of the mother.
(5) A blank space for entry of census tract for the mother's
address.
(6) Date of first prenatal care visit, the number of prenatal care
visits, and commencing January 1, 2007, the date of last prenatal
care visit.
(7) Date of last normal menses and, commencing January 1, 2007, an
obstetric estimate of completed weeks of gestation at delivery.
(8) Description of complications and procedures of pregnancy and
concurrent illnesses, congenital malformation, and any complication
or procedure of labor and delivery, including surgery, provided that
this information is essential medical information and appears in
total on the face of the certificate.
(9) Commencing January 1, 2007, hearing screen results.
(10) Mother's and father's occupations and kind of business or
industry.
(11) Education level of the mother and father.
(12) Principal source of payment for prenatal care, which shall
include the following: Medi-Cal, private insurance, self-pay, other
sources, and any other categories as may be determined by the State
Department of Health Services.
(13) Expected principal source of payment for delivery, which
shall include the following: Medi-Cal, private insurance, self-pay,
other sources, and any other categories as may be determined by the
State Department of Health Services.
(14) An indication of whether or not the child's parent desires
the automatic issuance of a social security number to the child.
(15) (A) On and after January 1, 1995, the
last four digits of the social security numbers of
the mother and father, unless subdivision (b) of Section 102150
applies.
(B) On or after January 1, 2010, only the last four digits of the
social security numbers of the mother and father, unless subdivision
(b) of Section 102150 applies.
(c) Paragraph (8) of subdivision (b) shall be completed by the
attending physician and surgeon or the attending physician and
surgeon's designated representative. The names and addresses of
children born with congenital malformations who require followup
treatment, as determined by the child's physician and surgeon, shall
be furnished by the physician and surgeon to the local health
officer, if permission is granted by either parent of the child.
(d) The parent shall only be asked to sign the form after both the
public portion and the confidential medical and social information
items have been entered upon the certificate of live birth.
(e) The State Registrar shall instruct all local registrars to
collect the information specified in this section with respect to
certificates of live birth. The information shall be transcribed on
the certificate of live birth in use at the time and shall be limited
to the information specified in this section.
Information relating to concurrent illnesses, complications and
procedures of pregnancy and delivery, and congenital malformations
shall be completed by the physician and surgeon, or the physician and
surgeon's designee, who shall insert in the space provided on the
confidential portion of the certificate the appropriate number or
numbers listed on the VS-10A supplemental worksheet. The VS-10A
supplemental form shall be used as a worksheet only and shall not in
any manner be linked with the identity of the child or the mother,
nor submitted with the certificate to the State Registrar. All
information transferred from the worksheet to the certificate shall
be fully explained to the parent or other informant prior to the
signing of the certificate. No questions relating to drug or alcohol
abuse may be asked.
(f) (1) The Vital Statistics Advisory Committee, in accordance
with Section 102465, shall conduct a review of the contents of the
certificate of live birth to coincide with decennial revisions by the
National Center for Health Statistics to the United States Standard
Certificate of Live Birth. The Vital Statistics Advisory Committee
shall make recommendations to the State Registrar regarding the
adoption of modifications to the state certificate of live birth that
are similar to those made to the federal certificate.
(2) Notwithstanding Section 102470, the State Registrar shall
review the Vital Statistics Advisory Committee recommendations and,
at the State Registrar's discretion, shall submit to the Legislature,
for approval, additions or deletions to the certificate of live
birth.
