Bill As Introduced H.446

1 BILL AS INTRODUCED H.446 2 2005 Page 1 3 4 1 H.4462 Introduced by Representatives Chen of Mendon, Ancel of Calais, Fallar of 3 Tinmouth, Hube of Londonderry, Hunt of Essex, Keogh of 4 Burlington, Kiss of Burlington, Komline of Dorset, Marek of 5 Newfane, Peterson of Williston, Shand of Weathersfield and 6 Smith of Morristown7 Referred to Committee on 8 Date: 9 Subject: Government operations; public records; Social Security numbers 10 Statement of purpose: This bill proposes to prohibit the following uses of 11 Social Security numbers (SSNs): publicly posting or displaying SSNs; 12 printing an SSN on an identification card used by a consumer to access goods 13 or services; requiring the transmission of an SSN over the internet, unless the 14 internet connection is secure; requiring the use of an SSN to access an internet 15 website, unless a password or unique identification number is also required; 16 printing an individual’s SSN on any materials mailed to the individual unless 17 state or federal law requires the document to include an SSN, or the SSN is 18 included in an application for or revocation of an enrollment process; and 19 embedding or encoding an SSN on a magnetic strip of an identification card. 20 A person or entity using an SSN in a manner prohibited by the bill may 21 continue to use the SSN if certain conditions are met. The bill does not 5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.446 2 2005 Page 2 3 4 1 prohibit the collection, use, or release of an SSN as authorized by state or 2 federal law or for internal administrative or verification purposes. In addition, 3 the bill provides that if a federal law requires implementation of a national 4 unique patient identifier program, any person who complies with the federal 5 law shall be deemed in compliance with the state requirements for the use of 6 an SSN. The bill does not apply to the collection, use, or release of SSNs by 7 the state, a subdivision of the state, or in connection with the official duties of 8 an individual in the employ of the state. However, state agencies must 9 examine their use and collection of SSNs and, to the extent possible, limit or 10 not require the use or collection of SSNs. A violation of the prohibitions on 11 the use of SSNs shall be deemed a violation of the state’s consumer protection 12 requirements, and the attorney general’s office may investigate and prosecute 13 an alleged violation as consumer fraud. In addition, the bill requires the 14 continuation of an agency of administration study regarding the collection and 15 use of Social Security numbers by state agencies.16 AN ACT RELATING TO THE USE OF SOCIAL SECURITY NUMBERS17 It is hereby enacted by the General Assembly of the State of Vermont: 18 Sec. 1. 9 V.S.A. § 2480m is amended to read:19 § 2480m. USE OF SOCIAL SECURITY NUMBERS20 (a) Except as otherwise provided in this section, a person may not:5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.446 2 2005 Page 3 3 4 1 (1) Publicly post or publicly display in any manner an individual’s 2 Social Security number. As used in this section, “publicly post” or “publicly 3 display” means to intentionally communicate or otherwise make available to 4 the general public.5 (2) Print an individual’s Social Security number on any card required for6 the individual to access products or services provided by the person or entity.7 (3) Require an individual to transmit his or her Social Security number 8 over the internet, unless the connection is secure or the Social Security number9 is encrypted.10 (4) Require an individual to use his or her Social Security number to 11 access an internet website, unless a password or unique personal identification 12 number or other authentication device is also required to access the internet 13 website.14 (5) Print an individual's Social Security number on any materials that are15 mailed to the individual, unless state or federal law requires the Social Security16 number to be on the document to be mailed. Notwithstanding any provision in 17 this section to the contrary, Social Security numbers may be included in 18 applications and forms sent by mail, including documents sent as part of an 19 application or enrollment process, or to establish, amend, or terminate an 20 account, contract, or policy, or to confirm the accuracy of the Social Security 21 number. A Social Security number that is permitted to be mailed under this 5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.446 2 2005 Page 4 3 4 1 section may not be printed, in whole or in part, on a postcard or visible on an 2 envelope or without the envelope having been opened.3 (b) Except as provided in subsection (e) of this section, a person or entity 4 that has used an individual’s Social Security number prior to July 1, 2005 in a 5 manner inconsistent with subsection (a) of this section may continue using that6 individual’s Social Security number in that manner on or after July 1, 2005, if 7 all of the following conditions are met:8 (1) The use of the Social Security number is continuous. If the use is 9 stopped for any reason, subsection (a) of this section shall apply.10 (2) The individual is provided an annual notice of disclosure that 11 informs the individual that he or she has the right to stop the use of his or her 12 Social Security number in the manner prohibited by subsection (a) of this 13 section.14 (3) A written request by an individual to stop the use of his or her Social15 Security number in the manner prohibited by subsection (a) of this section 16 must be implemented within 30 days of the receipt of the request. There may 17 not be a fee or charge for implementing the request. The person or entity shall 18 not deny services to an individual because the individual makes a written 19 request pursuant to this subsection.5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.446 2 2005 Page 5 3 4 1 (c) This section does not apply to:2 (1) The collection, use, or release of Social Security numbers by the 3 state, a subdivision of the state, or an individual in the employ of the state or of4 a subdivision of the state in connection with his or her official duties, except as5 provided in subsections (f) and (g) of this section.6 (2) Documents that are recorded or required to be open to the public 7 under state or federal law, except as provided in subdivision (a)(1) and 8 subsection (g ) of this section.9 (d) This section does not prevent the collection, use, or release of a Social 10 Security number as authorized by state or federal law or the use of a Social 11 Security number for internal verification or administrative purposes.12 (e) If a federal law takes effect requiring the United States Department of 13 Health and Human Services to establish a national unique patient health 14 identifier program, any person who complies with the federal law shall be 15 deemed to be in compliance with this section with respect to the use of a 16 national unique patient health identifier.17 (f) State agencies shall examine their use and collection of Social Security 18 numbers and, to the extent possible, limit or not require such use or collection 19 if not necessary to the administration of the program.20 (g) Prior to posting or requiring the posting of a document in a place of 21 general public circulation, an agency, board, department, commission, 5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.446 2 2005 Page 6 3 4 1 committee, branch, instrumentality, or authority of the state or an agency, 2 board, committee, department, branch, instrumentality, commission, or 3 authority of any political subdivision of the state shall take all reasonable steps 4 to redact any Social Security numbers from the document. Files and records 5 made available to the public in accordance with and pursuant to 24 V.S.A. 6 § 1165 are not considered posted in a place of general public circulation for the7 purposes of this section.8 (h) A person or entity may not encode or embed a Social Security number 9 in or on a card or document, including, but not limited to, using a bar code, 10 chip, magnetic strip, or other technology in place of removing the Social 11 Security number, as required by this section.12 (i) Any person who violates this section shall be deemed to be in violation 13 of section 2453 of this title. The attorney general may investigate and 14 prosecute alleged violations of this section pursuant to chapter 63 of this title.15 Sec. 2. CONTINUANCE OF STUDY16 The agency of administration with the cooperation of the attorney general’s 17 office, the department of health, the agency of human services, and the agency 18 of commerce and community development and with solicited participation 19 from the Vermont League of Cities and Towns and any other interested 20 affected parties shall continue the study required by Sec. 5 of No. 155 of the 21 Acts of the 2003 Adj. Sess. (2004) until June 30, 2006. The study shall 5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.446 2 2005 Page 7 3 4 1 address issues related to: the collection and use of Social Security numbers by 2 state agencies; the costs associated with the elimination of such collection and 3 use of Social Security numbers by state agencies and, to the extent that the 4 state is required to implement changes in the use of Social Security numbers, 5 the potential financial impact upon private employers; and the benefits and 6 costs to public and private entities of a requirement relating to the destruction 7 of documents containing Social Security numbers. The agency of 8 administration shall report to the general assembly and the senate committees 9 on judiciary and finance and the house committees on commerce and judiciary 10 on or before January 15, 2007.11 Sec. 3. EFFECTIVE DATE12 This act shall take effect on July 1, 2006.5 www.leg.state.vt.us

Bill As Introduced H.446

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