Text: HF00703 Text: HF00705 Text: HF00700 - HF00799 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 the 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 99D.8A, subsection 1, unnumbered paragraph 2 13 1, Code 1999, is amended to read as follows: 2 14 1. A person shall not be issued a license to conduct races 2 15 under this chapter or an occupational license unless the 2 16 person has completed and signed an application on the form 2 17 prescribed and published by the commission. The application 2 18 shall state the full name, social security number, residence, 2 19 date of birth and other personal identifying information of 2 20 the applicant that the commission deems necessary. However, 2 21 if a license is issued, the license issued by the commission 2 22 shall not include the social security number of the applicant. 2 23 The application shall state whether the applicant has any of 2 24 the following: 2 25 Sec. 5. Section 321.11, unnumbered paragraph 2, Code 1999, 2 26 is amended to read as follows: 2 27 Personal information shall be disclosed to a requestor if 2 28 the individual whose personal information is requested has not 2 29 elected to prohibit disclosure of the information to the 2 30 general public. The department shall give notice in a clear 2 31 and conspicuous manner on forms for issuance or renewal of 2 32 driver's licenses, titles, registrations, or nonoperator's 2 33 identification cards that personal information collected by 2 34 the department may be disclosed to any person. The department 2 35 shall provide in a clear and conspicuous manner on these forms 3 1 an opportunity for an individual to prohibit disclosure of 3 2 personal information to the general public. As used in this 3 3 paragraph, "personal information" means information that 3 4 identifies a person, including a person's photograph,social3 5security number,driver's license number, name, address, 3 6 telephone number, and medical or disability information, but 3 7 does not include the person's social security number, 3 8 information on vehicular accidents, driving violations, and 3 9 driver's status or a person's zip code. 3 10 Sec. 6. Section 321.189, subsection 2, paragraph a, Code 3 11 1999, is amended to read as follows: 3 12 a. Appearing on the driver's license shall be a 3 13 distinguishing number assigned to the licensee, which shall 3 14 not be the licensee's social security number; the licensee's 3 15 full name, date of birth, sex, and residence address; a 3 16 colored photograph; a physical description of the licensee; 3 17 the name of the state; the dates of issuance and expiration; 3 18 and the usual signature of the licensee. The license shall 3 19 identify the class of vehicle the licensee may operate and the 3 20 applicable endorsements and restrictions which the department 3 21 shall require by rule. 3 22 Sec. 7. Section 321.189, subsection 2, paragraph b, Code 3 23 1999, is amended to read as follows: 3 24 b. A commercial driver's license shall include the 3 25 licensee's address as required under federal regulations and a 3 26 distinguishing number assigned to the licensee, which shall 3 27 not be the licensee's social security number, and the words 3 28 "commercial driver's license" or "CDL" shall appear 3 29 prominently on the face of the license. If the applicant is a 3 30 nonresident, the license must conspicuously display the word 3 31 "nonresident". 3 32 Sec. 8. Section 321.189, subsection 2, paragraph c, Code 3 33 1999, is amended by striking the paragraph. 3 34 Sec. 9. Section 321L.2, subsection 3, paragraph a, 3 35 subparagraph (2), Code 1999, is amended to read as follows: 4 1 (2) An identification number, which shall not be the 4 2 social security number of the applicant. 4 3 Sec. 10. Section 602.6111, subsection 1, Code 1999, is 4 4 amended to read as follows: 4 5 1. Each petition or complaint, answer, appearance, first 4 6 motion, or any document filed with the clerk of the district 4 7 court which brings new parties into an action shall bear a 4 8 personal identification number. The personal identification 4 9 number shall be the employer identification number or the 4 10 social security number of each separate party. If an 4 11 individual party's driver's license lists a distinguishing 4 12 number other than the party's social security number, the 4 13 document filed with the clerk of the district court shall also 4 14 contain the distinguishing number from the party's driver's 4 15 license. However, except as otherwise required by law or 4 16 pursuant to court order, the clerk of the district court shall 4 17 keep the personal identification number confidential if the 4 18 number is the party's social security number. 4 19 Sec. 11. Section 602.6111, subsection 2, Code 1999, is 4 20 amended to read as follows: 4 21 2. The clerk of the district court shall generate and 4 22 affix alternative personal identification numbers, which shall 4 23 not be the identification numbers required pursuant to 4 24 subsection 1, to any judgment, sentence, dismissal, or other 4 25 paper finally disposing of an action. 4 26 Sec. 12. Section 724.19, Code 1999, is amended to read as 4 27 follows: 4 28 724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE. 4 29 The annual permit to acquire pistols or revolvers shall be 4 30 issued to the applicant immediately upon completion of the 4 31 application unless the applicant is disqualified under the 4 32 provisions of section 724.15 and shall be on a form prescribed 4 33 and published by the commissioner of public safety. The 4 34 permit shall contain the name of the permittee, a 4 35 distinguishing number assigned to the permittee which shall 5 1 not be the social security number of the permittee, the 5 2 residence of the permittee, and the effective date of the 5 3 permit. 5 4 Sec. 13. APPLICABILITY. This Act does not apply to a 5 5 license or certificate which contains a social security number 5 6 and was issued prior to the effective date of this Act. 5 7 However, if the license or certificate is required to be 5 8 renewed on or after the effective date of this Act, the 5 9 requirements of this Act shall apply. If the license or 5 10 certificate issued prior to the effective date of this Act is 5 11 nonrenewable, the entity issuing the license or certificate 5 12 shall permit the holder of the license or certificate to 5 13 replace the license or certificate with a license or 5 14 certificate that conforms to the requirements of this Act. 5 15 Sec. 14. EFFECTIVE DATE. This Act takes effect January 1, 5 16 2000. 5 17 EXPLANATION 5 18 This bill provides for the governmental use and 5 19 dissemination of social security numbers. 5 20 The bill creates a new Code section within the open records 5 21 chapter of the Code governing the use and release of social 5 22 security numbers. The new Code section provides that a social 5 23 security number shall be deemed to be a confidential record 5 24 and that governmental bodies shall not use the number on 5 25 mailings or other documents that could be observed by the 5 26 public. The new Code section affirms the ability of a 5 27 governmental body to obtain a person's social security number 5 28 but provides that a different identifying number be used in a 5 29 document that is releasable to the public. If a different 5 30 number is used, the governmental body shall maintain records 5 31 to match a person's social security number with the 5 32 identifying number. Finally, the new Code section provides 5 33 exceptions to the requirement of confidentiality. 5 34 Specifically, the number can be released if it is authorized 5 35 by law, by court order, used by another governmental entity in 6 1 the scope of its duties, or is included in a document prior to 6 2 the effective date and deleting the number would defeat the 6 3 purpose of releasing the document. 6 4 The bill also makes several corresponding changes in the 6 5 Code. 6 6 Code section 48A.11, governing voter registration records, 6 7 is amended to delete the optional requirement to provide one's 6 8 social security number. 6 9 Code section 99D.8A, governing horse or dog racing 6 10 licenses, is amended to provide that the social security 6 11 number of an applicant for a license shall not appear on the 6 12 license. 6 13 Code section 321.189, governing driver's licenses, is 6 14 amended to provide that a person's social security number 6 15 shall not be used as the identification number on that 6 16 person's driver's license. This prohibition is also made 6 17 applicable to commercial driver's licenses. 6 18 Code section 321L.2, governing handicap permits, provides 6 19 that an applicant's social security number shall not be 6 20 included on the permit. 6 21 Code section 602.611, providing for identification numbers 6 22 on documents filed with the clerk of the district court, is 6 23 amended. The changes provide that the clerk shall keep 6 24 confidential an identification number which is a person's 6 25 social security number, unless otherwise required by law or 6 26 court order. In addition, the section is amended to provide 6 27 that an alternative number, which is not a social security 6 28 number, be used on any order, judgment, or dismissal finally 6 29 disposing of an action. 6 30 Code section 724.19, governing gun permits, is amended to 6 31 provide that the identifying number on the permit be a number 6 32 other than the person's social security number. 6 33 Finally, the bill takes effect January 1, 2000, and 6 34 provides that the changes required by this bill that affect a 6 35 license or certificate shall not apply until the license or 7 1 certificate is subject to renewal. If a license or 7 2 certificate is nonrenewable, the bill provides that the entity 7 3 responsible for issuance allow the holder to obtain a license 7 4 or certificate that conforms to the requirements of this bill. 7 5 LSB 1910HV 78 7 6 ec/jw/5
Text: HF00703 Text: HF00705 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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