1.1                          A bill for an act 
  1.2             relating to commerce; restricting the use and display 
  1.3             of social security numbers; proposing coding for new 
  1.4             law in Minnesota Statutes, chapter 325E. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325E.59] [USE OF SOCIAL SECURITY NUMBERS.] 
  1.7      Subdivision 1.  [GENERALLY.] A person or entity, not 
  1.8   including a government entity, may not do any of the following: 
  1.9      (1) publicly post or publicly display in any manner an 
  1.10  individual's social security number.  "Publicly post" or 
  1.11  "publicly display" means to intentionally communicate or 
  1.12  otherwise make available to the general public; 
  1.13     (2) print an individual's social security number on any 
  1.14  card required for the individual to access products or services 
  1.15  provided by the person or entity; 
  1.16     (3) require an individual to transmit the individual's 
  1.17  social security number over the Internet, unless the connection 
  1.18  is secure or the social security number is encrypted; 
  1.19     (4) require an individual to use the individual's social 
  1.20  security number to access an Internet Web site, unless a 
  1.21  password or unique personal identification number or other 
  1.22  authentication device is also required to access the Internet 
  1.23  Web site; or 
  1.24     (5) print a number that the person or entity knows to be an 
  1.25  individual's social security number on any materials that are 
  2.1   mailed to the individual, unless state or federal law requires 
  2.2   the social security number to be on the document to be mailed.  
  2.3   If, in connection with a transaction involving or otherwise 
  2.4   relating to an individual, a person or entity receives a number 
  2.5   from a third party, that person or entity is under no duty to 
  2.6   inquire or otherwise determine whether the number is or includes 
  2.7   that individual's social security number and may print that 
  2.8   number on materials mailed to the individual, unless the person 
  2.9   or entity receiving the number has actual knowledge that the 
  2.10  number is or includes the individual's social security number. 
  2.11     Notwithstanding clauses (1) to (5), social security numbers 
  2.12  may be included in applications and forms sent by mail, 
  2.13  including documents sent as part of an application or enrollment 
  2.14  process, or to establish, amend, or terminate an account, 
  2.15  contract, or policy, or to confirm the accuracy of the social 
  2.16  security number.  Nothing in this paragraph authorizes inclusion 
  2.17  of a social security number on the outside of a mailing. 
  2.18     Except as provided in subdivision 2, this section applies 
  2.19  only to the use of social security numbers on or after July 1, 
  2.20  2005. 
  2.21     Subd. 2.  [CONTINUATION OF PRIOR USE.] A person or entity, 
  2.22  not including a government entity, that has used, prior to July 
  2.23  1, 2005, an individual's social security number in a manner 
  2.24  inconsistent with subdivision 1, may continue using that 
  2.25  individual's social security number in that manner on or after 
  2.26  July 1, 2005, if all the following conditions are met: 
  2.27     (1) The use of the social security number is continuous.  
  2.28  If the use is stopped for any reason, subdivision 1 applies. 
  2.29     (2) The individual is provided an annual disclosure, 
  2.30  commencing in 2005, that informs the individual that the 
  2.31  individual has the right to stop the use of the individual's 
  2.32  social security number in a manner prohibited by subdivision 1. 
  2.33     (3) A written request by an individual to stop the use of 
  2.34  the individual's social security number in a manner prohibited 
  2.35  by subdivision 1 must be implemented within 30 days of the 
  2.36  receipt of the request.  A fee may not be charged for 
  3.1   implementing the request. 
  3.2      (4) A person or entity, not including a government entity, 
  3.3   shall not deny services to an individual because the individual 
  3.4   makes a written request pursuant to this subdivision. 
  3.5      Subd. 3.  [COORDINATION WITH OTHER LAW.] This section does 
  3.6   not prevent the collection, use, or release of a social security 
  3.7   number as required by state or federal law or the use of a 
  3.8   social security number for internal verification or 
  3.9   administrative purposes. 
  3.10     Subd. 4.  [PUBLIC RECORDS.] This section does not apply to 
  3.11  documents that are recorded or required to be open to the public 
  3.12  pursuant to chapter 13 or by other law. 
  3.13     Subd. 5.  [DEFINITIONS.] For purposes of this section, 
  3.14  "government entity" has the meaning given in section 13.02, 
  3.15  subdivision 7a, but does not include the Minnesota state 
  3.16  colleges and universities or the University of Minnesota. 
  3.17     Sec. 2.  [EFFECTIVE DATE.] 
  3.18     Section 1 is effective July 1, 2005.