BILL REQ. #:  H-1139.1 

Read first time 02/01/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to social security numbers; amending RCW 65.04.140; adding a new section to chapter 42.56 RCW; adding a new section to chapter 36.22 RCW; adding new sections to chapter 19.86 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

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 social security number is assigned gives his or her express written consent for the disclosure of his or her federal social security number; or
     (b) The 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 maintained by the county auditor under chapter 65.04 RCW or held by any other state or local agency, as defined in RCW 42.52.010, are exempt from disclosure under this chapter unless:
     (1) The individual to whom the federal social security number is assigned gives his or her express written consent for the disclosure of his or her federal social security number; or
     (2) The 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:
     Beginning July 1, 2007, the county auditor is required to remove, or otherwise redact, the federal social security numbers from all documents, records, or files it posts on the internet, releases in response to a public records request or other requests for information, or otherwise allows for public inspection under chapter 42.56 RCW.

NEW SECTION.  Sec. 4   A new section is added to chapter 19.86 RCW to read as follows:
     It shall be unlawful for any person, business, or corporation to require an individual's federal social security number as a requirement for doing business or providing a service unless that person, business, or corporation has the express privilege under federal or state law. For those persons, businesses, or corporations that are permitted to collect and use federal social security numbers under federal or state law, that number may not be used as an identification number on cards or used on correspondence by either regular or electronic mail.

NEW SECTION.  Sec. 5   A new section is added to chapter 19.86 RCW to read as follows:
     In addition to the penalties provided for in this chapter, a person, business, or corporation that uses federal social security numbers without authorization shall be assessed a monetary penalty of one hundred fifty dollars per day per violation.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007.