SENIOR ASSEMBLY PROPOSAL NO. 26

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

(COAUTHOR: SENIOR ASSEMBLY MEMBER TOM)

LEGISLATIVE COUNSEL'S DIGEST

AP 26: IDENTITY THEFT: SOCIAL SECURITY NUMBERS

EXISTING LAW PROHIBITS A PERSON OR ENTITY, WITH SPECIFIED EXCEPTIONS, FROM PUBLICLY POSTING OR DISPLAYING AN INDIVIDUAL’S SOCIAL SECURITY NUMBER OR PERFORMING CERTAIN OTHER ACTS THAT MIGHT COMPROMISE THE SECURITY OF THAT SOCIAL SECURITY NUMBER, UNLESS REQUIRED BY FEDERAL OR STATE LAW OR IF USED FOR INTERNAL VERIFICATION OR ADMINISTRATIVE PURPOSES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AMEND THOSE PROVISIONS TO PROHIBIT BUSINESSES FROM USING SENIORS’ SOCIAL SECURITY NUMBERS FOR ANY FILE, POLICY, OR ACCOUNT IDENTIFICATION NUMBERS, AND TO PROVIDE FOR BUSINESSES IN VIOLATION OF THIS PROHIBITION TO BE RESPONSIBLE FOR DAMAGES CAUSED THEREBY.

VOTE: MAJORITY.

AP 26: RELATING TO IDENTITY THEFT

WHEREAS, SENIOR CITIZENS GENERALLY HAVE THE LEAST AMOUNT OF RESOURCES AVAILABLE TO PURCHASE LIFE SUSTAINING ITEMS AND SERVICES AND, THUS, CAN LEAST AFFORD TO LOSE THEIR MONEY DUE TO IDENTITY THEFT OR TO FINANCE THE LITIGATION SOMETIMES REQUIRED TO REGAIN THEIR STATUS AND RETRIEVE ASSOCIATED DAMAGES; AND

WHEREAS, SENIORS, BECAUSE OF LIFE LIMITATIONS, SIMPLY DO NOT HAVE TIME TO RESTART THEIR FINANCIAL LIVES FROM THE BEGINNING IN THE EVENT OF IDENTIFY THEFT; AND

WHEREAS, SENIORS, AS A RULE DO NOT HAVE THE MEANS OR ABILITY TO PROTECT THEMSELVES; AND

WHEREAS, BUSINESSES DEALING WITH SENIORS SHOULD NOT USE SENIORS’ SOCIAL SECURITY NUMBERS FOR ANY FILE, POLICY, OR ACCOUNT IDENTIFICATION NUMBER BECAUSE OF THE RISK OF IDENTITY THEFT; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT SECTION 1798.85 OF THE CIVIL CODE AND OTHER RELATED LAWS BE AMENDED TO PROHIBIT BUSINESSES FROM USING SENIORS’ SOCIAL SECURITY NUMBERS FOR ANY FILE, POLICY, OR ACCOUNT IDENTIFICATION NUMBER, AND TO PROVIDE FOR BUSINESSES IN VIOLATION OF THIS PROHIBITION TO BE RESPONSIBLE FOR DAMAGES CAUSED THEREBY; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 09 16385

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