House Bill 251

(As Sent to Governor)

AN ACT TO PROVIDE THAT WHEN A STATE AGENCY MAILS, DELIVERS OR OTHERWISE DISSEMINATES INFORMATION OR MATERIAL THAT CONTAINS THE SOCIAL SECURITY NUMBER OF AN INDIVIDUAL, THE AGENCY SHALL TAKE SUCH STEPS AS MAY BE REASONABLY NECESSARY TO PREVENT THE INADVERTENT DISCLOSURE OF THE INDIVIDUAL'S SOCIAL SECURITY NUMBER TO THE GENERAL PUBLIC OR TO PERSONS OTHER THAN THOSE PERSONS HAVING A LEGITIMATE AND LAWFUL NEED TO KNOW THE INDIVIDUAL'S SOCIAL SECURITY NUMBER IN THE PERFORMANCE OF THEIR DUTIES; TO AMEND SECTION 35-3-13, MISSISSIPPI CODE OF 1972, TO REQUIRE CHANCERY CLERKS TO SAFEGUARD THE RECORD OF DISCHARGED MEMBERS OF THE ARMED FORCES AND TO VERIFY THE IDENTITY AND RELATIONSHIP TO THE VETERAN OF PERSONS REQUESTING COPIES OF DISCHARGE RECORDS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. When any state agency mails, delivers, circulates, publishes, distributes, transmits, or otherwise disseminates, in any form or manner, information or material that contains the social security number of an individual, the agency shall take such steps as may be reasonably necessary to prevent the inadvertent disclosure of the individual's social security number to members of the general public or to persons other than those persons who, in the performance of their duties and responsibilities, have a lawful and legitimate need to know the individual's social security number. State agencies shall be in compliance with this act on or before July 1, 2003.

SECTION 2. Section 35-3-13, Mississippi Code of 1972, is amended as follows:

35-3-13. All chancery clerks, of all counties of the State of Mississippi, shall record, without any cost whatsoever to any person of the Armed Forces of the United States residing in the same county as the chancery clerk, all honorable discharges and all certificates of service of any and all members of the Armed Forces of the United States of America who have served in the Armed Forces of the United States, including the army, navy and marine, coast guard and nurses corps.

The board of supervisors of all counties shall furnish to the chancery clerk * * * all necessary supplies and equipment for the recording of these instruments, and allow out of the general fund of the county the sum of One Dollar ($1.00) for recording the discharge certificate. All certified copies will be furnished free without cost either to the soldier, sailor, marine, coast guardsman, nurse or the county.

The chancery clerk of all counties shall keep a record of all honorable discharges and certificates of discharge in a separate record safeguarded and protected from theft, and definitely marked "Record of Discharged Members of the Armed Forces." The chancery clerk shall * * * furnish certified copies of the discharge or discharge certificate of any veteran when so requested by the veteran, his dependents or his authorized representative; however, before furnishing any copy of the discharge or discharge certificate, the chancery clerk must verify the identity and relationship to the veteran of the person requesting the copy and must obtain and maintain on file a signed consent for the release of information from the veteran, dependent or authorized representative.

SECTION 3. This act shall take effect and be in force from and after July 1, 2002.