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.





Ford, Clark




    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, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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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.