Reprinted
January 23, 2002
SENATE BILL No. 376
_____
DIGEST OF SB 376
(Updated January 22, 2002 3:38 PM - DI 87)
Citations Affected: IC 4-1.
Synopsis: Release of Social Security numbers. Prohibits a state agency
from releasing the Social Security number of an individual to the public
unless required by state law, federal law, or court order.
Effective: July 1, 2002.
January 10, 2002, read first time and referred to Committee on Governmental and
Regulatory Affairs.
January 17, 2002, reported favorably _ Do Pass.
January 22, 2002, read second time, amended, ordered engrossed.
Reprinted
January 23, 2002
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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SENATE BILL No. 376
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-1-9 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 9. Release of Social Security Number by a State Agency
Sec. 1. (a) As used in this chapter, "state agency" means an
authority, a board, a branch, a commission, a committee, a
department, a division, or another instrumentality of the executive,
including the administrative, department of state government.
(b) The term includes the following:
(1) A state elected official's office.
(2) A state educational institution (as defined in
IC 20-12-0.5-1).
(3) A body corporate and politic of the state created by state
statute.
(4) The Indiana lobby registration commission established
under IC 2-7-1.6-1.
(c) The term does not include the following:
(1) The judicial department of state government.
(2) Except as provided in subsection (b)(4), the legislative
department of state government.
Sec. 2. A state agency may not disclose the Social Security
number of an individual unless:
(1) the disclosure of the Social Security number is expressly
required by state law, federal law, or a court order; or
(2) the individual expressly consents in writing to the
disclosure of the individual's Social Security number.
Sec. 3. (a) This section applies if a record is a public record
under:
(1) state law; or
(2) the policy of a state agency, if the agency has the discretion
under state law to make a record of the public agency a public
record or confidential record.
(b) If state law or the policy of a state agency:
(1) provides that a record of a state agency is a public record;
and
(2) does not expressly provide that a Social Security number
contained in the record is confidential;
the record may be disclosed to the public, but the Social Security
number may not be disclosed to the public.
(c) Notwithstanding subsection (b), a Social Security number
contained in a record of a state agency must be disclosed if a court
order or federal law requires disclosure of the Social Security
number.
Sec. 4. Unless prohibited by another state statute, a state agency
may disclose the Social Security number of an individual to any
agency of state or local government.
Sec. 5. If a state agency receives a document that contains a
Social Security number that may not be disclosed as set forth in
this chapter, the state agency may not disclose the Social Security
number.