Bill Text: CA SB40 | 2009-2010 | Regular Session | Amended

California Senate Bill 40 (Prior Session Legislation)

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 NUMBER: SB 40	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2009
	AMENDED IN SENATE  MARCH 9, 2009

INTRODUCED BY   Senator Correa

                        JANUARY 6, 2009

   An act to  amend   repeal and add 
Section 1798.89 of the Civil Code,   and  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 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.  
   The provisions of this bill would not apply to documents created
prior to January 1, 2010. 
   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 repealed. 
   1798.89.  Unless otherwise required to do so by state or federal
law, no person, entity, or government 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. 
   SEC. 2.    Section 1798.89 is added to the  
Civil Code   , to read: 
   1798.89.  (a) 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 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.
   (b) 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.
   (c) This section shall not apply to documents created prior to
January 1, 2010.  
  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, 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 for recording. 
   SEC. 2.   SEC. 3.   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) 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.  This paragraph shall not apply
to documents created prior to January 1, 2010. 
   (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. All matter omitted in this version
of the bill appears in the bill as amended in Senate, March 9, 2009
(JR11)