HOUSE BILL NO. 637

INTRODUCED BY M. BRAINARD

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING A PRIVATE ENTITY FROM REQUIRING THE USE OF A SOCIAL SECURITY NUMBER; PROHIBITING A STATE OR LOCAL AGENCY, EXCEPT THE MONTANA DEPARTMENT OF REVENUE, FROM REQUIRING THE USE OF A SOCIAL SECURITY NUMBER UNLESS AUTHORIZED BY LAW; MAKING THE DEMAND OF A SOCIAL SECURITY NUMBER BY A PRIVATE ENTITY AN OFFENSE; AND PROVIDING A PENALTY."

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

NEW SECTION. Section 1. Privacy of social security number. (1) Privacy of an individual's social security number is protected by the right of privacy guaranteed by the Montana constitution.

(2) Except as otherwise provided in this section, a person, company, organization, or other entity may not require, demand, or coerce another person, client, or customer to provide a social security number as a condition of doing business or providing goods or services or for any other purpose.

(3) Except as may be required by the department of revenue, a state or local agency, department, board, commission, or other government entity may not require another person to provide a social security number unless authorized by law to do so.

(4) A person who purposely or knowingly violates subsection (2) is guilty of a misdemeanor and upon conviction shall be punished by a fine of up to $1,000, be imprisoned in the county jail for not more than 6 months, or both. Each day that services or goods are denied in violation of subsection (2) constitutes a separate offense.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 8, part 2, and the provisions of Title 45, chapter 8, part 2, apply to [section 1].

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