MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Flowers, Dearing

Senate Bill 3021

AN ACT TO AMEND SECTION 25-1-111, MISSISSIPPI CODE OF 1972, TO EXPAND THE RULE AGAINST PUBLICATION OF INDIVIDUAL SOCIAL SECURITY NUMBERS TO ALL POLITICAL SUBDIVISIONS; TO REQUIRE REDACTION OF SOCIAL SECURITY NUMBER BY THE CHANCERY CLERKS WHEN POSSIBLE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-1-111, Mississippi Code of 1972, is amended as follows:

     25-1-111.  (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   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 section on or before July 1, 2003.

     (2)  From and after July 1, 2010, unless otherwise specifically required by law, when any record is published on the Internet or on a government controlled Web site under the authority of a public official of the state or any political subdivision thereof, the responsible public official shall ensure that the social security number of any individual is redacted prior to the publication.

     SECTION 2.  (1)  The preparer of any document recorded in the office of the chancery clerk shall not place a social security number on any document filed or recorded in the chancery clerk's office unless otherwise specifically required by law.  However, the chancery clerk shall not refuse to record a document for failure of the preparer to comply with this prohibition, nor shall the failure to comply with the prohibition affect the validity or recordability of any document.

     (2)  Any person, or the surviving spouse, attorney-in-fact or court-appointed guardian or conservator of the person, may request that a chancery clerk redact the person's social security number from any recorded document, if the records are stored in a manner that permits redaction.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2010.