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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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BILL NUMBER: SB 40	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2009
	PASSED THE ASSEMBLY  AUGUST 20, 2009
	AMENDED IN ASSEMBLY  AUGUST 17, 2009
	AMENDED IN SENATE  MARCH 31, 2009
	AMENDED IN SENATE  MARCH 9, 2009

INTRODUCED BY   Senator Correa

                        JANUARY 6, 2009

   An act to repeal and add Section 1798.89 of the Civil Code, and to
amend Section 4506 of the Family Code, relating to social security
numbers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 40, 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.
Existing law also requires a county recorder to use due diligence to
truncate social security numbers in the public record version of
official records.
   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 that a recorder shall be
deemed to be in compliance if he or she uses due diligence to
truncate social security numbers in documents recorded, as provided.
   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.
   The provisions of this bill would not apply to documents created
prior to January 1, 2010.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1798.89 of the Civil Code is repealed.
  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
truncate social security numbers in documents recorded, as provided
in Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3
of Division 2 of Title 3 of the Government Code.
   (c) This section shall not apply to documents created prior to
January 1, 2010.
  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.