Bills · 2009-2010 Regular Session
prohibiting social security numbers on instruments under the corporate registration system and on records under Article 9 of the Uniform Commercial Code.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
This bill prohibits the Department of Financial Institutions (DFI) from
recording in its corporate registration system any instrument containing an
individual's social security number (SSN). If DFI is presented with an instrument
containing an SSN, the bill allows DFI, prior to recording the instrument in the
system, to remove or obscure characters from the SSN so that it is not discernable
on the instrument. The bill also provides that, if DFI does not discover an SSN on
an instrument until after DFI has recorded the instrument in the system, DFI is not
liable for the instrument drafter's placement of the SSN on the instrument, and DFI
is allowed to remove or obscure characters from the SSN so that it is not discernable
on the instrument. In addition, if DFI records an instrument in the system
containing a complete SSN, the bill provides that the drafter of the instrument is
liable for actual damages resulting from the instrument being recorded.
The bill creates comparable provisions for records under the state's version of
Article 9 of the Uniform Commercial Code, which deals with secured transactions.
The bill prohibits an office in which financing statements are to be filed under Article
9, which is referred to as a "filing office" and which is, with certain exceptions, DFI,
from filing or indexing a record containing an individual's SSN. If a filing office is
presented with a record containing an SSN, the filing office may, prior to filing and
indexing, remove or obscure characters as described above. If a filing office discovers
an SSN on a record after filing and indexing, the filing office may also remove or
obscure characters, and the filing office is not liable for the record drafter's placement
of the SSN on the record. In addition, if a filing office files or indexes a record
containing a complete SSN, the drafter of the record is liable for actual damages
resulting from the record being filed and indexed. The bill also eliminates references
to SSNs on forms used for filing and amending financing statements.
Sponsors
Votes
Assembly: Report passage recommended by committee on Financial Institutions, Ayes 10, Noes 0
Passed 10–0 Apr 9, 2010 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Full history
- Mar 9, 2010 · Assembly
Introduced by Representatives Fields, Zigmunt, Vos, Berceau, Pope-Roberts, Townsend and Lothian;Cosponsored by Senators Sullivan, A. Lasee, Taylor and Plale
- Mar 9, 2010 · Assembly
Read first time and referred to committee on Financial Institutions
- Mar 24, 2010 · Assembly
Public hearing held
- Apr 7, 2010 · Assembly
Executive action taken
- Apr 9, 2010 · Assembly
Report passage recommended by committee on Financial Institutions, Ayes 10, Noes 0
- Apr 9, 2010 · Assembly
Referred to committee on Rules
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1