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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 633, 896, 1142,          PRINTER'S NO. 1791
        1239, 1692

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 601 Session of 2005


        INTRODUCED BY WONDERLING, CORMAN, C. WILLIAMS, BRIGHTBILL,
           ERICKSON, FERLO, KITCHEN, LEMMOND, MUSTO, RHOADES, ROBBINS,
           TOMLINSON, WAUGH, M. WHITE, WOZNIAK, GREENLEAF, GORDNER,
           VANCE, LAVALLE, D. WHITE, ORIE, KASUNIC, STACK, RAFFERTY,
           LOGAN AND PIPPY, APRIL 4, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MAY 3, 2006

                                     AN ACT

     1  Relating to confidentiality of Social Security numbers; AND       <--
     2     MAKING A RELATED REPEAL.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Privacy of Social Security numbers.
     6     (a)  General rule.--A person or entity or State agency or
     7  political subdivision shall not do any of the following:
     8         (1)  Publicly post or publicly display in any manner an
     9     individual's Social Security number. "Publicly post" or
    10     "publicly display" means to intentionally communicate or
    11     otherwise make available to the general public.
    12         (2)  Print an individual's Social Security number on any
    13     card required for the individual to access products or
    14     services provided by the person, entity or State agency or
    15     political subdivision.

     1         (3)  Require an individual to transmit his or her Social
     2     Security number over the Internet unless the connection is
     3     secure or the Social Security number is encrypted.
     4         (4)  Require an individual to use his or her Social
     5     Security number to access an Internet website unless a
     6     password or unique personal identification number or other
     7     authentication device is also required to access the website.
     8         (5)  Print an individual's Social Security number on any
     9     materials that are mailed to the individual unless Federal or
    10     State law requires the Social Security number to be on the
    11     document to be mailed. Notwithstanding this provision, Social
    12     Security numbers may be included in applications and forms
    13     sent by mail, including documents sent as part of an
    14     application or enrollment process or to establish, amend or
    15     terminate an account, contract or policy or to confirm the
    16     accuracy of the Social Security number. A Social Security
    17     number that is permitted to be mailed under this section may
    18     not be printed, in whole or in part, on a postcard or other
    19     mailer not requiring an envelope, or visible on the envelope
    20     or without the envelope having been opened.
    21         (6)  Disclose in any manner whatsoever, EXCEPT TO THE      <--
    22     AGENCY ISSUING THE LICENSE, the Social Security number of an
    23     individual who applies for a recreational license. For the
    24     purposes of this paragraph, a "recreational license" means a
    25     hunting license issued pursuant to 30 PA.C.S. (RELATING TO     <--
    26     FISH) OR 34 Pa.C.S. (relating to game) or a fishing license    <--
    27     pursuant to.
    28     (b)  Exception.--APPLICABILITY.--Except as provided in         <--
    29  subsection (c), subsection (a) applies only to the use of Social
    30  Security numbers on or after July 1, 2006 THE EFFECTIVE DATE OF   <--
    20050S0601B1791                  - 2 -     

     1  THIS SECTION.
     2     (c)  Use prior to July 1, 2006.--A person or entity, not       <--
     3     (C)  EXCEPTION.--                                              <--
     4         (1)  A PERSON OR ENTITY, NOT including a State agency or
     5     political subdivision, that has used, prior to July 1, 2006    <--
     6     THE EFFECTIVE DATE OF THIS SECTION, an individual's Social     <--
     7     Security number in a manner inconsistent with subsection (a)
     8     may continue using that individual's Social Security number
     9     in that manner on or after July 1, 2006 THE EFFECTIVE DATE OF  <--
    10     THIS SECTION, if all of the following conditions are met:
    11         (1) (I)  The use of the Social Security number is          <--
    12     continuous. If the use is stopped for any reason, subsection
    13     (a) shall apply.
    14         (2) (II)  The individual is provided an annual             <--
    15     disclosure, commencing in the year 2006 AFTER THE EFFECTIVE    <--
    16     DATE OF THIS SECTION, that informs the individual that he or
    17     she has the right to stop the use of his or her Social
    18     Security number in a manner prohibited by subsection (a).
    19     (d)  Written requests.--A written request by an individual to  <--
    20         (2)  AN INDIVIDUAL WHO RECEIVES AN ANNUAL DISCLOSURE       <--
    21     UNDER PARAGRAPH (1) HAS THE RIGHT TO stop the use of his or
    22     her Social Security number in a manner prohibited by
    23     subsection (a) shall be implemented AND MUST EXERCISE THAT     <--
    24     RIGHT BY SUBMITTING A WRITTEN REQUEST TO THE PERSON OR
    25     ENTITY. THE PERSON OR ENTITY SHALL DISCONTINUE USE OF THE
    26     INDIVIDUAL'S SOCIAL SECURITY NUMBER within 30 days of the
    27     receipt of the request. There shall be no fee or charge for
    28     implementing COMPLYING WITH the request. A person or entity    <--
    29     or State agency or political subdivision shall not deny        <--
    30     services to an individual because the individual makes a
    20050S0601B1791                  - 3 -     

     1     written request pursuant to this subsection.
     2     (e)  Internal verification.--This section does not prevent     <--
     3     (D)  CONSTRUCTION.--THIS SECTION SHALL NOT BE CONSTRUED TO     <--
     4  PREVENT the collection, use or release of a Social Security
     5  number as required by Federal or State law or the use of a
     6  Social Security number for internal verification, administrative
     7  purposes or for law enforcement investigations.
     8     (f)  Government documents.--This section does not apply to a   <--
     9  document that originates with, or is filed, recorded or
    10  maintained by any court, nor to a document that is required to
    11  be open to the public and that originates with, or is filed,
    12  recorded or maintained by any government agency, instrumentality
    13  or taxing authority.
    14     (E)  COURT DOCUMENTS.--ANY PORTION OF ANY RECORD, ORDER,       <--
    15  PETITION OR OTHER PAPER WHICH INCLUDES AN INDIVIDUAL'S SOCIAL
    16  SECURITY NUMBER MAY BE KEPT IN THE FILES OF THE COURT AS A
    17  PERMANENT RECORD THEREOF AND WITHHELD FROM PUBLIC INSPECTION
    18  EXCEPT:
    19         (1)  UPON AN ORDER OF THE COURT GRANTED UPON CAUSE SHOWN;
    20         (2)  AS NECESSARY, BY LAW ENFORCEMENT AND COURT
    21     PERSONNEL; OR
    22         (3)  AFTER REDACTION OF INFORMATION LISTING AN
    23     INDIVIDUAL'S SOCIAL SECURITY NUMBER.
    24     (F)  STATE AGENCIES AND POLITICAL SUBDIVISIONS.--IF A STATE
    25  AGENCY OR POLITICAL SUBDIVISION DETERMINES THAT A PUBLIC RECORD,
    26  CONTAINING SOCIAL SECURITY NUMBER INFORMATION, IS SUBJECT TO
    27  ACCESS, THE STATE AGENCY OR POLITICAL SUBDIVISION SHALL GRANT
    28  ACCESS TO THE INFORMATION WHICH IS SUBJECT TO ACCESS AND DENY
    29  ACCESS TO THE SOCIAL SECURITY NUMBER. IF THE SOCIAL SECURITY
    30  NUMBER IS AN INTEGRAL PART OF THE PUBLIC RECORD AND CANNOT BE
    20050S0601B1791                  - 4 -     

     1  SEPARATED, THE STATE AGENCY OR POLITICAL SUBDIVISION SHALL
     2  REDACT FROM THE PUBLIC RECORD THE SOCIAL SECURITY NUMBER, AND
     3  SHALL GRANT ACCESS TO THE INFORMATION WHICH IS SUBJECT TO
     4  ACCESS. THE STATE AGENCY OR POLITICAL SUBDIVISION MAY NOT DENY
     5  ACCESS TO THE PUBLIC RECORD IF THE SOCIAL SECURITY NUMBER IS
     6  ABLE TO BE REDACTED.
     7     (E)  UNIFIED JUDICIAL SYSTEM DOCUMENTS.--THIS SECTION DOES     <--
     8  NOT APPLY TO A DOCUMENT THAT ORIGINATED WITH, OR IS FILED WITH,
     9  RECORDED IN OR IS MAINTAINED BY ANY COURT COMPONENT OR PART OF
    10  THE UNIFIED JUDICIAL SYSTEM.
    11     (F)  GOVERNMENT DOCUMENTS.--THIS SECTION DOES NOT APPLY TO
    12  ANY DOCUMENT THAT:
    13         (1)  IS REQUIRED BY LAW TO BE OPEN TO THE PUBLIC; AND
    14         (2)  ORIGINATES WITH, OR IS FILED, RECORDED OR MAINTAINED
    15     BY ANY GOVERNMENT AGENCY, INSTRUMENTALITY OR TAXING
    16     AUTHORITY.
    17     (g)  Penalty.--Actions in violation of this act shall be
    18  deemed a summary offense and shall be punishable by a fine of
    19  not less than $50 and not more than $500 AND, FOR EVERY SECOND    <--
    20  OR SUBSEQUENT VIOLATION, BY A FINE OF NOT LESS THAN $500 AND NOT
    21  MORE THAN $5,000. Fines under this section shall be distributed
    22  equally between the Crime Victim's Compensation Fund
    23  administered by the Pennsylvania Commission on Crime and
    24  Delinquency and the Office of Attorney General for future
    25  identity theft prevention.
    26  Section 2.  Criminal enforcement.
    27     (a)  District attorneys.--The district attorneys of the
    28  several counties shall have authority to investigate and to
    29  institute criminal proceedings for any violation of this act.
    30     (b)  Attorney General.--In addition to the authority
    20050S0601B1791                  - 5 -     

     1  conferred upon the Attorney General under the act of October 15,
     2  1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
     3  the Attorney General shall have the authority to investigate and
     4  institute criminal proceedings for any violation of this act. A
     5  person charged with a violation of this act by the Attorney
     6  General shall not have standing to challenge the authority of
     7  the Attorney General to investigate or prosecute the case and,
     8  if any such challenge is made, the challenge shall be dismissed
     9  and no relief shall be available in the courts of this
    10  Commonwealth to the person making the challenge.
    11     SECTION 4 3.  THE PROVISIONS OF 34 PA.C.S. § 325(D) (RELATING  <--
    12  TO LIMITATION ON DISCLOSURE OF CERTAIN RECORDS) ARE REPEALED
    13  INSOFAR AS THEY ARE INCONSISTENT WITH SECTION 1(G).
    14  Section 3 5 4.  Applicability.                                    <--
    15     The provisions of this act shall not apply to:
    16         (1)  A financial institution, as defined by section
    17     509(3) of the Gramm-Leach-Bliley Act (Public Law 106-102, 15
    18     U.S.C. § 6809(3)) or regulations adopted by agencies as
    19     designated by section 504(a) of the Gramm-Leach-Bliley Act,
    20     subject to Title V of the Gramm-Leach-Bliley Act or a
    21     "licensee" as defined by 31 Pa. Code § 146a.2 (relating to
    22     definitions).
    23         (2)  A covered entity, as defined by regulations
    24     promulgated at 45 CFR Pts. 160 (relating to general
    25     administrative requirements) and 164 (relating to security
    26     and privacy) pursuant to Subtitle F of the Health Insurance
    27     Portability and Accountability Act of 1996 (Public Law 104-
    28     191, 42 U.S.C. 110 Stat. 1936).                                <--
    29         (3)  An entity subject to the Fair Credit Reporting Act
    30     (Public Law 91-508, 15 U.S.C. § 1681 et seq.).
    20050S0601B1791                  - 6 -     

     1  Section 4 6 5.  Effective date.                                   <--
     2     This act shall take effect July 1, 2006 IN 180 DAYS.           <--



















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