SSN Policy Manual

Policy Manual

Public Law 93-579 which contain a "shall not apply" provision at (B) for "a system of records in existence and operating before January 1, 1975." All of these new state requirement for a social security number have been adopted after 1975 and therefore were not "in existence and operating before January 1, 1975." Also, upon closer reading of CVC $1653.5: (d) The department shall not complete any applicationthat does not include the applicant's social security account number or driver' s license or identification card number as required by subdivision (c). This law is necessary because Public Law 93-579 prohibits California from requiring an applicant's social security number, so they additionally attempt to prohibit their employees fiom processing application that do not include the applicant's social security account number. Of course it still against the law "to deny any individual any right, benefit, or privilege . . . because of such individuals refusal to disclose his social security number." California, like most other states, also attempts to "require" applicants for various professional license to provide social security numbers in violation of Public Law 93-579 . . . and in each case they acknowledge the existence of contrary law. (a) Notwithstandingany other provision of law, any board, as defined in Section 22, and the State Bar and the Department of Real Estate shall at the time of issuance or renewal of the license require that any licensee provide its federal employer identification number if the licensee is a partnership or his or her social security number for all others. California Business and Professions Code 530 and (a) Notwithstandingany other provisionof law, the commissioner shall at the time of issuance or renewal of any license under this chapter or Chapter 6 (commencingwith Section 1760), Chapter 7 (commencing with Section 1800), or Chapter 8 (commencingwith Section 1831) require that any licensee provide its federal employer identification number if the licensee is a partnership or his or her social security number for all others. California Insurance Code 5 1666.5 It critical to review each applicable law carefully when you are dealing with various state agencies. Most states have drafted laws with similar wording. Read the law carefully because it probably not require you to do anything, but instead is doing one of the following: Attempting to restrict the duty of a state employee. Defining the appearance or data field to include on a fonn. Despite any other provision of law . . . trying to trick you into believing you are required to provide something that they cannot require you to do.