SB 287-2_ Filed 03/09/2012, 23:00 ChairPerson


COMMITTEE REPORT

    Madam President: Pursuant to Joint Rule 20, your Committee on Rules and Legislative Procedure, to which was referred Engrossed Senate Bill 287 because it conflicts with SEA 127-2012 without properly recognizing the existence of SEA 127-2012, has had Engrossed Senate Bill 287 under consideration and begs leave to report back to the Senate with the recommendation that Engrossed Senate Bill 287 be corrected as follows:

            
    Page 1, delete lines 1 through 15, begin a new paragraph and insert:
    " SECTION 1. IC 4-1-10-5, AS AMENDED BY SEA 127-2012, SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) A state agency may disclose the Social Security number of an individual if any of the following apply:
        (1) The disclosure of the Social Security number is expressly required by state law, federal law, or a court order.
        (2) The individual expressly consents in writing to the disclosure of the individual's Social Security number.
        (3) The disclosure of the Social Security number is:
            (A) made to comply with:
                (i) the USA Patriot Act of 2001 (P.L. 107-56); or
                (ii) Presidential Executive Order 13224; or
            (B) to a commercial entity for the permissible uses set forth in the:
                (i) Drivers Privacy Protection Act (18 U.S.C. 2721 et seq.);
                (ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or
                (iii) Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.).
        (4) The disclosure of the Social Security number is for the purpose of administration of a state agency employee's or the state agency employee's dependent's health benefits.
        (5) The disclosure of the Social Security number is for the purpose of administration of:
            (A) a pension fund administered by the board of trustees of the

Indiana public retirement system;
            (B) a deferred compensation plan or defined contribution plan established under IC 5-10-1.1;
            (C) a pension plan established by the state police department under IC 10-12; or
            (D) the Uniform Commercial Code (IC 26-1) by the office of the secretary of state; or
            (E) Title IV-D of the federal Social Security Act.

    (b) A state agency's disclosure of the Social Security number of an individual in compliance with subsection (a) does not violate IC 5-14-3-4(a)(12). ".
    Page 2, delete lines 1 through 21.
    (Reference is to ESB 287 as printed February 24, 2012.)

_______________________________________________

Senator LONG, Chairperson

_______________________________________________

Senator SIMPSON, R.M.M.

_______________________________________________

Senator LAWSON C

            


JR 028701/DI
2012