HOUSE BILL 363

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Danice Picraux

AN ACT

RELATING TO GENERAL WELFARE; LIMITING PERMISSIBLE USES OF SOCIAL SECURITY IDENTIFICATION NUMBERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. SHORT TITLE.--This act may be cited as the "Social Security Number Confidentiality Act".

     Section 2. DEFINITIONS.--As used in the Social Security Number Confidentiality Act:

          A. "person" means a natural person or a business, association or governmental entity; and

          B. "social security number" means the unique nine-digit number issued to a person by the federal social security administration.

     Section 3. USE OF SOCIAL SECURITY NUMBERS RESTRICTED.--

          A. A person shall not make the entirety of a social security number available to the general public. This prohibition includes:

                (1) intentionally communicating a social security number to the general public;

                (2) 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;

                (3) requiring use of a social security number over the internet without a secure connection or encryption security;

                (4) requiring use of a social security number to access an internet account; and

                (5) printing a social security number on materials mailed to a person unless required by law.

          B. A person shall not 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.

          C. A person shall not 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.

          D. A person shall not 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 application 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.

     Section 4. USE OF SOCIAL SECURITY NUMBER PERMITTED.--

          A. A person may use a social security number if the social security number:

                (1) is part of an application or enrollment process or to establish, amend or terminate an account, contract or policy;

                (2) was furnished for a document generated on or before December 31, 2005 and the person is copying or reproducing that document; or

                (3) exists on an original document generated on or before December 31, 2005.

          B. A person may collect, use and release a social security number as required by law or for internal verification or administrative purposes.

     Section 5. REPEAL.--Sections 57-12B-1 through 57-12B-3 NMSA 1978 (being Laws 2003, Chapter 169, Sections 1 through 3) are repealed.

     Section 6. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2006.

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