SB 376-2_ Filed 02/25/2002, 07:40 Welch
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed House Bill 376 be amended to read as follows:
SOURCE: Page 2, line 30; (02)MO037604.2. -->
Page 2, line 30, after "document" insert " from another state
Page 4, after line 33, begin a new paragraph and insert:
" Sec. 6. Notwithstanding any other state statute, a state agency
shall disclose an individual's Social Security number to:
(1) an agency of federal, state, or local government; and
(2) a commercial entity that:
(A) is qualified by the attorney general; and
(B) makes a written request for the disclosure of
as set forth in this chapter.
Sec. 7. A commercial entity that applies for qualification with
the attorney general shall use the form prescribed by the attorney
general. An applicant must verify the application for qualification.
Sec. 8. The application for qualification must include the
(1) Name of the commercial entity.
(2) The officers of the commercial entity.
(3) Information regarding any contractor or subcontractor of
the commercial entity that will have access to the Social
Security numbers obtained by the commercial entity,
including whether any person with access to the information
is confined in a correctional facility.
(4) A statement of the activities of the commercial entity for
which disclosure of the information is necessary.
Sec. 9. (a) A commercial entity shall be qualified by the
attorney general under this chapter if the commercial entity, its
agents, employees, contractors, or subcontractors are engaged in
the performance of a commercial activity that obtains
information, including Social Security numbers, from a state
agency for any of the following legitimate business or professional
(1) Verification of the accuracy of personal information
submitted in a commercial transaction.
(2) Use in a civil, criminal, or administrative proceeding.
(3) Use in law enforcement activities or the investigation of
(4) An insurance purpose.
(5) Detecting or preventing fraud.
(6) The matching, verification, or retrieval of information.
(7) Research activities.
(b) A legitimate business or professional use does not include
the disclosure or bulk sale of Social Security numbers to members
of the general public.
Sec. 10. The attorney general shall approve or deny an
application for qualification not later than thirty (30) days after
receiving the application. During the thirty (30) day approval
review period, the attorney general may investigate the applicant
to determine whether the applicant satisfies the requirements of
Sec. 11. (a) The attorney general may deny the application or
revoke the qualification of a commercial entity for:
(1) failing to complete the application as set forth in section
8 of this chapter;
(2) failing to meet the requirements set forth in section 9 of
(3) using an individual's Social Security number obtained
under this chapter from a state agency in an unlawful or
fraudulent manner; or
(4) disclosing or selling an individual's Social Security
number to members of the general public.
(b) The attorney general may not revoke or deny the
qualification of a commercial entity until:
(1) the commercial entity is notified in writing by the attorney
general of the grounds of the proposed denial or revocation;
(2) the commercial entity is provided with an opportunity to
be heard on the proposed denial or revocation.
Sec. 12. The attorney general may require a qualified
commercial entity to renew its qualification with the attorney
general's office, but not more than every two (2) years.
Sec. 13. (a) A state agency shall disclose a Social Security
number to a commercial entity that is qualified under this chapter
if the commercial entity completes a written request for the
information on a form reasonably prescribed by the attorney
(b) A written request to a state agency must include a statement,
verified by an authorized officer, employee, or agent of the
commercial entity that the Social Security numbers will be used
only in the normal course of business for a legitimate business or
professional use as set forth in section 9 of this chapter.
(c) Nothing in this chapter shall prohibit the disclosure of Social
Security numbers to a business or professional entity that is:
(1) qualified under this chapter; and
(2) engaged in a legitimate business or professional purpose as
set forth in section 9 of this chapter.
A state agency may request other information that may be
reasonably necessary to verify the identity of the entity requesting
the Social Security numbers.
Sec. 14. This chapter does not prevent the reporting of Social
Security numbers to or from a consumer reporting agency (as
defined in 15 U.S.C. 1681a) or to a debt collector (as defined in 15
Sec. 15. A person who knowingly makes a false representation
to the attorney general or a state agency in order to obtain a Social
Security number from the state agency commits a Class D felony.
Sec. 16. An employee of a state agency who knowingly discloses
a Social Security number in violation of this chapter commits a
Class D felony.
Sec. 17. A trial court shall report all convictions under this
chapter to the attorney general. If an employee, an agent, or a
contractor of a commercial entity that is qualified under this
chapter is convicted of an offense under this chapter for actions
taken during the course of their employment, agency, or contract,
the attorney general may revoke the qualification of the
commercial entity for a period of not more than two (2) years.
Sec. 18. Not later than January 31, a state agency must file a
report with the secretary of state and the executive director of the
legislative services agency that includes:
(1) a listing of all commercial entities that:
(A) are qualified under this chapter; and
(B) have requested Social Security numbers during the
preceding calendar year; and
(2) the purpose or purposes stated by each listed commercial
entity for its need for receiving Social Security numbers.
Sec. 19. The attorney general may adopt rules under IC 4-22-2
that the attorney general considers necessary to carry out this
(Reference is to ESB 376 as printed February 15, 2002.)
MO037604/DI 87 2002