Restricts the availability and use of the entirety of a person's social security number.
BILL NUMBER: S700 REVISED 01/14/09
TITLE OF BILL : An act to amend the civil rights law, in relation to social security number confidentiality
PURPOSE : This bill would restrict the availability and use of the entirety of a person's social security number.
SUMMARY OF PROVISIONS : Section 1 amends the Civil Rights Law by adding a new section 50-f in relation to social security number confidentiality.
Subsection 2 states that no person shall make the entirety of a social security number available to the general public.
Subsection 3 states that no person shall require use of the entirety of a social security number for an employment application, credit application or other transaction, except for law enforcement, social security, Medicare or Medicaid purposes.
Subsection 4 states that no person shall refuse to transact business because of refusal to provide social security number.
Subsection 5 states that no person shall transmit material that associates a social security number with an account number for a bank, savings and loan association or credit union.
Subsection 6 states when a person may use a social security number.
Subsection 7 states when a person may collect, use and release a social security number as required by law or for internal verification or administrative purposes.
Section 2 establishes an effective date of January 1, 2008.
JUSTIFICATION : This bill would restrict the availability and use of the entirety of a person's social security number. Identity theft occurs when someone uses your name, address, Social Security Number (SSN), bank, credit card number or other identifying information, without your knowledge, to commit fraud or other crimes. The magnitude of the problem is increasing. The Federal Trade Commission has stated in 2002 that identity theft was number 1 on its top 10 fraud issues and a whopping 43% of all complaints. The Department of Justice reports identity theft affects 500,000 and 700,000 annually with an average loss of $18,000.00.
Consumer Sentinel Trends reports that during the period January 1 December 2002, there were 12,698 identity theft complaints reported in New York State. Congress has introduced several bills that would eliminate the use of social security numbers.
LEGISLATIVE HISTORY : 2007-08: Referred to CODES 2005-06: Referred to CODES
FISCAL IMPLICATIONS : None to the state.
EFFECTIVE DATE : January 1, 2010.
STATE OF NEW YORK ________________________________________________________________________ 700 2009-2010 Regular Sessions IN SENATE January 13, 2009 ___________Introduced by Sens. C. JOHNSON, AUBERTINE, BRESLIN, DIAZ, DUANE, KLEIN, KRUEGER, MONTGOMERY, ONORATO, PARKER, SAMPSON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to social security number confidentiality THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 50-f to read as follows: S 50-F. SOCIAL SECURITY NUMBER CONFIDENTIALITY. 1. AS USED IN THIS SECTION: (A) "PERSON" SHALL MEAN AN INDIVIDUAL, FIRM, COMPANY, PARTNERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION. (B) "SOCIAL SECURITY NUMBER" SHALL MEAN THE UNIQUE NINE DIGIT NUMBER ISSUED TO A PERSON BY THE FEDERAL SOCIAL SECURITY ADMINISTRATION. 2. NO PERSON SHALL MAKE THE ENTIRETY OF A SOCIAL SECURITY NUMBER AVAILABLE TO THE GENERAL PUBLIC. THIS PROHIBITION SHALL INCLUDE BUT NOT BE LIMITED TO: (A) INTENTIONALLY COMMUNICATING A SOCIAL SECURITY NUMBER TO THE GENER- AL PUBLIC; (B) PRINTING A SOCIAL SECURITY NUMBER ON A CARD REQUIRED FOR THE RECEIPT OF PRODUCTS OR SERVICES, INCLUDING CARDS ISSUED FOR RECEIPT OF SERVICES FROM THE STATE OR ITS POLITICAL SUBDIVISIONS; (C) REQUIRING USE OF A SOCIAL SECURITY NUMBER OVER THE INTERNET WITH- OUT A SECURE CONNECTION OR ENCRYPTION SECURITY; (D) REQUIRING USE OF A SOCIAL SECURITY NUMBER TO ACCESS AN INTERNET ACCOUNT; OR (E) PRINTING A SOCIAL SECURITY NUMBER ON MATERIALS MAILED TO A PERSON UNLESS REQUIRED BY LAW.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00385-01-9 S. 700 2
3. NO PERSON SHALL REQUIRE USE OF THE ENTIRETY OF A SOCIAL SECURITY NUMBER FOR AN EMPLOYMENT APPLICATION, CREDIT APPLICATION OR OTHER TRANS- ACTION, EXCEPT FOR LAW ENFORCEMENT, SOCIAL SECURITY, MEDICARE OR MEDI- CAID PURPOSES. 4. NO PERSON SHALL REFUSE TO TRANSACT BUSINESS BECAUSE OF A REFUSAL TO PROVIDE THE SOCIAL SECURITY NUMBER, UNLESS THE SOCIAL SECURITY NUMBER IS REQUIRED BY FEDERAL OR STATE LAW. 5. NO PERSON SHALL TRANSMIT MATERIAL THAT ASSOCIATES A SOCIAL SECURITY NUMBER WITH AN ACCOUNT NUMBER FOR A BANK, SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION, UNLESS BOTH NUMBERS ARE REQUIRED AS PART OF AN APPLICA- TION OR ENROLLMENT PROCESS OR TO ESTABLISH, AMEND OR TERMINATE AN ACCOUNT, CONTRACT OR POLICY OR TO CONFIRM THE ACCURACY OF THE SOCIAL SECURITY, BANK, SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION ACCOUNT NUMBER. 6. A PERSON MAY USE A SOCIAL SECURITY NUMBER IF THE SOCIAL SECURITY NUMBER: (A) IS PART OF AN APPLICATION OR ENROLLMENT PROCESS OR TO ESTABLISH, AMEND OR TERMINATE AN ACCOUNT, CONTRACT OR POLICY; (B) WAS FURNISHED FOR A DOCUMENT GENERATED ON OR BEFORE DECEMBER THIR- TY-FIRST, TWO THOUSAND NINE AND THE PERSON IS COPYING OR REPRODUCING THAT DOCUMENT; OR (C) EXISTS ON AN ORIGINAL DOCUMENT GENERATED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINE. 7. A PERSON MAY COLLECT, USE AND RELEASE A SOCIAL SECURITY NUMBER AS REQUIRED BY LAW OR FOR INTERNAL VERIFICATION OR ADMINISTRATIVE PURPOSES. S 2. This act shall take effect January 1, 2010.