HCS SCS SB 61 -- PERSONAL IDENTIFYING INFORMATION

SPONSOR:  Caskey (Luetkemeyer)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Financial Services by a vote of 16 to 0.

This substitute limits the use of a person's Social Security
number and closes an individual's military records that have been
recorded at a county recorder's office.

The substitute prohibits any person or entity from publicly
displaying a person's Social Security number or requiring a
person to send their Social Security number over the Internet,
unless the number is encrypted or otherwise made secure.  This
provision applies to the use of Social Security numbers on or
after July 1, 2006.  However, those entities that were using a
person's Social Security number prior to that date may continue
to use it if the use was consistent or if they provide an annual
disclosure that informs the individual that he or she has the
right to stop the use of his or her Social Security number.  This
provision does not apply to government agencies or to records
that are required to be open records pursuant to law.

Regarding an individual's military records, the substitute
prohibits county recorders from providing recorded military
discharge records to anyone except authorized parties.
Authorized parties include the person who is the subject of the
records; the subject's relatives, attorney, or guardian; any
person with written authorization from any of these parties; or a
government agency.  An authorized party must submit a notarized
request form to the recorder to obtain the records.  Only the
name of a person with a recorded military discharge record will
be available to the public without authorization.

County recorders may refuse to accept any military discharge
document that appears to be altered or that does not contain an
original signature of a military officer or a government agency
official or any document that is not a certified copy of a record
from a government agency.  County recorders may not charge a fee
for accepting or providing military discharge records or for
providing the notarized request form needed to obtain the
records.

The substitute also prohibits the use or reproduction of military
discharge records for any commercial purpose.

The substitute has an effective date of January 1, 2005.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the substitute was based upon
California's law governing this issue.  California had enacted a
much stricter version earlier, which left some people unable to
access their own information.  So they amended their law, making
the restrictions on the use of Social Security numbers more
practical.

Testifying for the bill were Representative Luetkemeyer for
Senator Caskey; Consumer Data Industry Association; Missouri
Financial Services Association; and Mortgage Bankers Association
of Missouri.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:13 am