BILL REQ. #:  H-3774.1 

Read first time 01/12/2006.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to the disclosure of federal social security numbers by county auditors; amending RCW 65.04.140; adding a new section to chapter 42.56 RCW; adding a new section to chapter 36.22 RCW; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 65.04.140 and 1886 p 163 s 1 are each amended to read as follows:
     (1) The county auditor in his capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages, judgments, liens, incumbrances and other instruments of writing, indexes thereto, maps, charts, town plats, survey and other books and papers constituting the records and files in said office of recorder of deeds, and all such records and files are, and shall be, matters of public information, free of charge to any and all persons demanding to inspect or to examine the same, or to search the same for titles of property. It is said recorder's duty to arrange in suitable places the indexes of said books of record, and when practicable, the record books themselves, to the end that the same may be accessible to the public and convenient for said public inspection, examination and search, and not interfere with the said auditor's personal control and responsibility for the same, or prevent him from promptly furnishing the said records and files of his said office to persons demanding any information from the same. The said auditor or recorder must and shall, upon demand, and without charge, freely permit any and all persons, during reasonable office hours, to inspect, examine and search any or all of the records and files of his said office, and to gather any information therefrom, and to make any desired notes or memoranda about or concerning the same, and to prepare an abstract or abstracts of title to any and all property therein contained.
     (2) The county auditor may not publicly disclose or otherwise allow public access to federal social security numbers contained in any documents, records, or files maintained by the auditor, unless:
     (a) The individual to whom the federal security number is assigned gives his or her express written consent for the disclosure of his or her federal social security number; or
     (b) Such disclosure is requested by a federal, state, or local government agency.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.56 RCW to read as follows:
     The federal social security numbers contained in the documents, records, or files the county auditor is required to maintain under chapter 65.04 RCW are exempt from disclosure under this chapter unless: (1) The individual to whom the federal security number is assigned gives his or her express written consent for the disclosure of his or her federal social security number; or (2) such disclosure is requested by a federal, state, or local government agency.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.22 RCW to read as follows:
     (1) A surcharge of one dollar per instrument shall be charged by the county auditor for each document recorded. This surcharge is in addition to any other charge authorized by law. The revenue from this surcharge shall be used for the administrative and technological costs associated with creating a system to ensure social security numbers are removed, or otherwise redacted, from documents available to the public for inspection.
     (2) This section expires July 1, 2011.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2006.