Text: HF00519 Text: HF00521 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 22.3B SOCIAL SECURITY NUMBERS – 1 2 CONFIDENTIAL RECORDS – EXCEPTIONS. 1 3 1. Except as provided by this section, the social security 1 4 number of a person shall be kept confidential by a 1 5 governmental body. To ensure the confidentiality of a 1 6 person's social security number, the governmental body shall 1 7 not include the number on mailing labels, licenses, and any 1 8 other document which could be readily observed by the public. 1 9 If a document which is otherwise considered a public record 1 10 contains the social security number of a person, the 1 11 governmental body shall delete the social security number from 1 12 the record prior to release of the record. 1 13 2. The requirement to keep the social security number of a 1 14 person confidential shall not prohibit a governmental body 1 15 from obtaining a social security number from a person if the 1 16 governmental body is authorized or otherwise required to do so 1 17 in the scope of the governmental body's official duties. If, 1 18 after obtaining a social security number of a person, an 1 19 identifying number is required or is otherwise permitted to be 1 20 released, the governmental body, unless otherwise required to 1 21 do so by law, shall use a number other than a social security 1 22 number to identify the person. If a number other than a 1 23 social security number is used, the governmental body shall 1 24 maintain a list in which the identifying number and a person's 1 25 social security number can be matched. 1 26 3. A governmental body shall be permitted to release a 1 27 social security number of a person under any of the following 1 28 circumstances: 1 29 a. Release is specifically provided or required by law. 1 30 b. Pursuant to a court order. 1 31 c. To a governmental body, the federal government, or 1 32 other governmental body acting in the scope of government 1 33 body's duties. 1 34 d. The inclusion of a social security number in a document 1 35 was permitted prior to the effective date of this Act and 2 1 deletion of the number from the document would defeat the 2 2 purpose of releasing the document. 2 3 Sec. 2. Section 22.7, unnumbered paragraph 1, Code 1999, 2 4 is amended to read as follows: 2 5TheIn addition to any other confidentiality requirements 2 6 of this chapter, the following public records shall be kept 2 7 confidential, unless otherwise ordered by a court, by the 2 8 lawful custodian of the records, or by another person duly 2 9 authorized to release such information: 2 10 Sec. 3. Section 48A.11, subsection 1, paragraph e, Code 2 11 1999, is amended by striking the paragraph. 2 12 Sec. 4. Section 90A.3, subsection 2, Code 1999, is amended 2 13 to read as follows: 2 14 2. The commissioner shall issue an identification card to 2 15 a boxer registered pursuant to this chapter. The 2 16 identification card shall contain a recent photograph, a boxer 2 17 registration number which shall be assigned by the 2 18 commissioner, which number shall not be the boxer's social 2 19 security number or similar foreign identification number, and 2 20 a personal identification number assigned to the boxer by a 2 21 boxing registry. 2 22 Sec. 5. Section 99D.8A, subsection 1, unnumbered paragraph 2 23 1, Code 1999, is amended to read as follows: 2 24 1. A person shall not be issued a license to conduct races 2 25 under this chapter or an occupational license unless the 2 26 person has completed and signed an application on the form 2 27 prescribed and published by the commission. The application 2 28 shall state the full name, social security number, residence, 2 29 date of birth and other personal identifying information of 2 30 the applicant that the commission deems necessary. However, 2 31 if a license is issued, the license issued by the commission 2 32 shall not include the social security number of the applicant. 2 33 The application shall state whether the applicant has any of 2 34 the following: 2 35 Sec. 6. Section 321.11, unnumbered paragraph 2, Code 1999, 3 1 is amended to read as follows: 3 2 Personal information shall be disclosed to a requestor if 3 3 the individual whose personal information is requested has not 3 4 elected to prohibit disclosure of the information to the 3 5 general public. The department shall give notice in a clear 3 6 and conspicuous manner on forms for issuance or renewal of 3 7 driver's licenses, titles, registrations, or nonoperator's 3 8 identification cards that personal information collected by 3 9 the department may be disclosed to any person. The department 3 10 shall provide in a clear and conspicuous manner on these forms 3 11 an opportunity for an individual to prohibit disclosure of 3 12 personal information to the general public. As used in this 3 13 paragraph, "personal information" means information that 3 14 identifies a person, including a person's photograph,social3 15security number,driver's license number, name, address, 3 16 telephone number, and medical or disability information, but 3 17 does not include the person's social security number, 3 18 information on vehicular accidents, driving violations, and 3 19 driver's status or a person's zip code. 3 20 Sec. 7. Section 321.189, subsection 2, paragraph a, Code 3 21 1999, is amended to read as follows: 3 22 a. Appearing on the driver's license shall be a 3 23 distinguishing number assigned to the licensee, which shall 3 24 not be the licensee's social security number; the licensee's 3 25 full name, date of birth, sex, and residence address; a 3 26 colored photograph; a physical description of the licensee; 3 27 the name of the state; the dates of issuance and expiration; 3 28 and the usual signature of the licensee. The license shall 3 29 identify the class of vehicle the licensee may operate and the 3 30 applicable endorsements and restrictions which the department 3 31 shall require by rule. 3 32 Sec. 8. Section 321.189, subsection 2, paragraph b, Code 3 33 1999, is amended to read as follows: 3 34 b. A commercial driver's license shall include the 3 35 licensee's address as required under federal regulations and a 4 1 distinguishing number assigned to the licensee, which shall 4 2 not be the licensee's social security number, and the words 4 3 "commercial driver's license" or "CDL" shall appear 4 4 prominently on the face of the license. If the applicant is a 4 5 nonresident, the license must conspicuously display the word 4 6 "nonresident". 4 7 Sec. 9. Section 321.189, subsection 2, paragraph c, Code 4 8 1999, is amended by striking the paragraph. 4 9 Sec. 10. Section 321L.2, subsection 3, paragraph a, 4 10 subparagraph (2), Code 1999, is amended to read as follows: 4 11 (2) An identification number, which shall not be the 4 12 social security number of the applicant. 4 13 Sec. 11. Section 602.6111, subsection 1, Code 1999, is 4 14 amended to read as follows: 4 15 1. Each petition or complaint, answer, appearance, first 4 16 motion, or any document filed with the clerk of the district 4 17 court which brings new parties into an action shall bear a 4 18 personal identification number. The personal identification 4 19 number shall be the employer identification number or the 4 20 social security number of each separate party. If an 4 21 individual party's driver's license lists a distinguishing 4 22 number other than the party's social security number, the 4 23 document filed with the clerk of the district court shall also 4 24 contain the distinguishing number from the party's driver's 4 25 license. However, except as otherwise required by law or 4 26 pursuant to court order, the clerk of the district court shall 4 27 keep the personal identification number confidential if the 4 28 number is the party's social security number. 4 29 Sec. 12. Section 602.6111, subsection 2, Code 1999, is 4 30 amended to read as follows: 4 31 2. The clerk of the district court shall generate and 4 32 affix alternative personal identification numbers, which shall 4 33 not be the identification numbers required pursuant to 4 34 subsection 1, to any judgment, sentence, dismissal, or other 4 35 paper finally disposing of an action. 5 1 Sec. 13. Section 724.19, Code 1999, is amended to read as 5 2 follows: 5 3 724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE. 5 4 The annual permit to acquire pistols or revolvers shall be 5 5 issued to the applicant immediately upon completion of the 5 6 application unless the applicant is disqualified under the 5 7 provisions of section 724.15 and shall be on a form prescribed 5 8 and published by the commissioner of public safety. The 5 9 permit shall contain the name of the permittee, a 5 10 distinguishing number assigned to the permittee which shall 5 11 not be the social security number of the permittee, the 5 12 residence of the permittee, and the effective date of the 5 13 permit. 5 14 Sec. 14. APPLICABILITY. This Act does not apply to a 5 15 license or certificate which contains a social security number 5 16 and was issued prior to the effective date of this Act. 5 17 However, if the license or certificate is required to be 5 18 renewed on or after the effective date of this Act, the 5 19 requirements of this section shall apply. If the license or 5 20 certificate issued prior to the effective date of this Act is 5 21 nonrenewable, the entity issuing the license or certificate 5 22 shall permit the holder of the license or certificate to 5 23 replace the license or certificate with a license or 5 24 certificate that conforms to the requirements of this Act. 5 25 Sec. 15. EFFECTIVE DATE. This Act takes effect January 1, 5 26 2000. 5 27 EXPLANATION 5 28 This bill provides for the governmental use and 5 29 dissemination of social security numbers. 5 30 The bill creates a new Code section within the open records 5 31 chapter of the Code governing the use and release of social 5 32 security numbers. The new Code section provides that a social 5 33 security number shall be deemed to be a confidential record 5 34 and that governmental bodies shall not use the number on 5 35 mailings or other documents that could be observed by the 6 1 public. The new Code section affirms the ability of a 6 2 governmental body to obtain a person's social security number 6 3 but provides that a different identifying number be used in a 6 4 document that is releasable to the public. If a different 6 5 number is used, the governmental body shall maintain records 6 6 to match a person's social security number with the 6 7 identifying number. Finally, the new Code section provides 6 8 exceptions to the requirement of confidentiality. 6 9 Specifically, the number can be released if it is authorized 6 10 by law, by court order, used by another governmental entity in 6 11 the scope of its duties, or is included in a document prior to 6 12 the effective date and deleting the number would defeat the 6 13 purpose of releasing the document. 6 14 The bill also makes several corresponding changes in the 6 15 Code. 6 16 Code section 48A.11, governing voter registration records, 6 17 is amended to delete the optional requirement to provide one's 6 18 social security number. 6 19 Code section 90A.3 is amended to provide that a boxer's 6 20 social security number shall not appear on the boxer's license 6 21 to box in this state. 6 22 Code section 99D.8A, governing horse or dog racing 6 23 licenses, is amended to provide that the social security 6 24 number of an applicant for a license shall not appear on the 6 25 license. 6 26 Code section 321.189, governing driver's licenses, is 6 27 amended to provide that a person's social security number 6 28 shall not be used as the identification number on that 6 29 person's driver's license. This prohibition is also made 6 30 applicable to commercial driver's licenses. 6 31 Code section 321L.2, governing handicap permits, provides 6 32 that an applicant's social security number shall not be 6 33 included on the permit. 6 34 Code section 602.611, providing for identification numbers 6 35 on documents filed with the clerk of the district court, is 7 1 amended. The changes provide that the clerk shall keep 7 2 confidential an identification number which is a person's 7 3 social security number, unless otherwise required by law or 7 4 court order. In addition, the section is amended to provide 7 5 that an alternative number, which is not a social security 7 6 number, be used on any order, judgment, or dismissal finally 7 7 disposing of an action. 7 8 Code section 724.19, governing gun permits, is amended to 7 9 provide that the identifying number on the permit be a number 7 10 other than the person's social security number. 7 11 Finally, the bill takes effect January 1, 2000, and 7 12 provides that the changes required by this bill that affect a 7 13 license or certificate shall not apply until the license or 7 14 certificate is subject to renewal. If a license or 7 15 certificate is nonrenewable, the bill provides that the entity 7 16 responsible for issuance allow the holder to obtain a license 7 17 or certificate that conforms to the requirements of this bill. 7 18 LSB 1910HH 78 7 19 ec/jw/5
Text: HF00519 Text: HF00521 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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