CHAPTER 8. STATE REQUESTS FOR SOCIAL SECURITY NUMBER
IC 4-1-8
Chapter 8. State Requests for Social Security Number
IC 4-1-8-1
Prohibition against state agencies requiring individual SocialSecurity numbers; exemptions
Sec. 1. (a) No individual may be compelled by any state agency,board, commission, department, bureau, or other entity of stategovernment (referred to as "state agency" in this chapter) to providethe individual's Social Security number to the state agency againstthe individual's will, absent federal requirements to the contrary.However, the provisions of this chapter do not apply to thefollowing:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family resources;
(B) the division of mental health and addiction;
(C) the division of disability and rehabilitative services;
(D) the division of aging; and
(E) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration ofbroker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to theregistration of lobbyists.
(8) Indiana department of administration, with respect tobidders on contracts.
(9) Indiana department of transportation, with respect to bidderson contracts.
(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing ofinsurance producers.
(12) The department of child services.
(13) A pension fund administered by the board of trustees of thepublic employees' retirement fund.
(14) The Indiana state teachers' retirement fund.
(15) The state police benefit system.
(16) The alcohol and tobacco commission.
(17) The state department of health, for purposes of licensingradiologic technologists under IC 16-41-35-29(c).
(b) The bureau of motor vehicles may, notwithstanding thischapter, require the following:
(1) That an individual include the individual's Social Securitynumber in an application for an official certificate of title forany vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Securitynumber on an application for registration. (3) That a corporation, limited liability company, firm,partnership, or other business entity include its federal taxidentification number on an application for registration.
(c) The Indiana department of administration, the Indianadepartment of transportation, and the Indiana professional licensingagency may require an employer to provide its federal employeridentification number.
(d) The department of correction may require a committedoffender to provide the offender's Social Security number forpurposes of matching data with the Social Security Administrationto determine benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding thischapter, require the following:
(1) That an individual include the individual's Social Securitynumber:
(A) in any application for a riverboat owner's license,supplier's license, or occupational license; or
(B) in any document submitted to the commission in thecourse of an investigation necessary to ensure that gamingunder IC 4-32.2, IC 4-33, and IC 4-35 is conducted withcredibility and integrity.
(2) That a sole proprietorship, a partnership, an association, afiduciary, a corporation, a limited liability company, or anyother business entity include its federal tax identificationnumber on an application for a riverboat owner's license orsupplier's license.
(f) Notwithstanding this chapter, the department of educationestablished by IC 20-19-3-1 may require an individual who appliesto the department for a license or an endorsement to provide theindividual's Social Security number. The Social Security number maybe used by the department only for conducting a backgroundinvestigation, if the department is authorized by statute to conduct abackground investigation of an individual for issuance of the licenseor endorsement.
As added by Acts 1978, P.L.8, SEC.3. Amended by Acts 1979, P.L.16,SEC.1; Acts 1981, P.L.23, SEC.1; P.L.6-1987, SEC.3; P.L.18-1987,SEC.1; P.L.14-1989, SEC.1; P.L.335-1989(ss), SEC.1; P.L.1-1990,SEC.10; P.L.2-1991, SEC.19; P.L.2-1992, SEC.28; P.L.1-1993,SEC.15; P.L.21-1993, SEC.1; P.L.22-1993, SEC.1; P.L.8-1993,SEC.6; P.L.1-1994, SEC.7; P.L.20-1995, SEC.1; P.L.21-1995,SEC.1; P.L.215-2001, SEC.1; P.L.261-2003, SEC.2; P.L.178-2003,SEC.1; P.L.72-2004, SEC.1; P.L.1-2005, SEC.55; P.L.246-2005,SEC.37; P.L.1-2006, SEC.6; P.L.141-2006, SEC.3; P.L.145-2006,SEC.3; P.L.157-2006, SEC.1; P.L.1-2007, SEC.2; P.L.142-2009,SEC.1.
IC 4-1-8-2
Forms including request; statement and notification; requisiteinformation; posting
Sec. 2. (a) On any form, application or other writing prepared by
or issued under the authority of any state agency, the followinginformation must be included if the individual is requested to providehis social security number:
(1) a brief statement of the reason why the social securitynumber is requested by the state agency; and
(2) a notification either:
(A) that the state agency is required by federal law to obtain theindividual's social security number and that the form orapplication cannot be processed unless the individual providesthe number, if such be the case; or
(B) that the individual has the right to refuse to provide hissocial security number to the agency, if he so desires, and thathe will not be penalized therefor.
(b) In any location where a form, application or other writingcovered in subsection (a) of this section is taken or filled out, thereshall be posted in a conspicuous place a sign in bold print containinginformation identical to that required on the forms required insubsection (a) of this section.
As added by Acts 1978, P.L.8, SEC.3.
IC 4-1-8-3
Forms including request; requisite statement and notification;printing and appendage
Sec. 3. There shall be printed on all forms, applications or otherwritings which include a request for the social security numberproduced by or for any state agency on and after January 1, 1978,immediately preceding or following such request, the statement andnotification required by section 2 of this chapter. To all forms,applications and other writings which include a request for the socialsecurity number already in use, but not yet executed, by a stateagency on January 1, 1978, there shall be appended, on or before saiddate, the statement and notification required by section 2 of thischapter.
As added by Acts 1978, P.L.8, SEC.3.
IC 4-1-8-4
Refusal to provide number; obtaining from other source prohibited
Sec. 4. In any case where an individual shall refuse to provide hissocial security number to a state agency in accordance with theprovisions of section 2(a)(2)(B) of this chapter, the state agency towhom he has made his refusal known is prohibited from obtainingthe social security number from any other source.
As added by Acts 1978, P.L.8, SEC.3.
IC 4-1-8-5
Refusal to provide number; penalty prohibited
Sec. 5. No individual shall be penalized in any manner, such as bythe loss or threat of loss of services or assistance or by the denial orrefusal to issue any license or permit, by a state agency for his refusalin accordance with the provisions of section 2(a)(2)(B) of this
chapter to provide his social security number to the state agency.
As added by Acts 1978, P.L.8, SEC.3.
IC 4-1-8-6
Removal of Social Security number from agency records;substitute identification number; notice on forms
Sec. 6. Each state agency covered by this chapter shall develop amethod under which a person who has previously given his or hersocial security number to the state agency at that person's requestmay have the number removed from the records of the agency andsubstitute therefor the new identification number to be used by theperson. The notice printed on forms and posted in the office of theagency shall include information on the right of the applicant toremove his or her social security number from existing records.
As added by Acts 1978, P.L.8, SEC.3.
IC 4-1-8-7
Exempt agencies to report
Sec. 7. Each state agency, which is exempt under the provisionsof section 1 of this chapter, shall prepare a report, on or beforeJanuary 1 annually, to the general assembly setting forth any form,application, or other writing required or maintained by it whichcontains the social security number of any individual. Such reportshall also set forth the reason or rationale for requiring such socialsecurity number. The report must be in an electronic format underIC 5-14-6.
As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.28-2004,SEC.14.