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 Social
Security numbers; exemptions
Sec. 1. (a) No individual may be compelled by any state agency,
board, commission, department, bureau, or other entity of state
government (referred to as "state agency" in this chapter) to provide
the individual's Social Security number to the state agency against
the individual's will, absent federal requirements to the contrary.
However, the provisions of this chapter do not apply to the
following:
(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 of
broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to
bidders on contracts.
(9) Indiana department of transportation, with respect to bidders
on contracts.
(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing of
insurance producers.
(12) The department of child services.
(13) A pension fund administered by the board of trustees of the
public 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 licensing
radiologic technologists under IC 16-41-35-29(c).
(b) The bureau of motor vehicles may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for
any vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm,
partnership, or other business entity include its federal tax
identification number on an application for registration.
(c) The Indiana department of administration, the Indiana
department of transportation, and the Indiana professional licensing
agency may require an employer to provide its federal employer
identification number.
(d) The department of correction may require a committed
offender to provide the offender's Social Security number for
purposes of matching data with the Social Security Administration
to determine benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number:
(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 the
course of an investigation necessary to ensure that gaming
under IC 4-32.2, IC 4-33, and IC 4-35 is conducted with
credibility and integrity.
(2) That a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, or any
other business entity include its federal tax identification
number on an application for a riverboat owner's license or
supplier's license.
(f) Notwithstanding this chapter, the department of education
established by IC 20-19-3-1 may require an individual who applies
to the department for a license or an endorsement to provide the
individual's Social Security number. The Social Security number may
be used by the department only for conducting a background
investigation, if the department is authorized by statute to conduct a
background investigation of an individual for issuance of the license
or 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; requisite
information; posting
Sec. 2. (a) On any form, application or other writing prepared by
or issued under the authority of any state agency, the following
information must be included if the individual is requested to provide
his social security number:
(1) a brief statement of the reason why the social security
number is requested by the state agency; and
(2) a notification either:
(A) that the state agency is required by federal law to obtain the
individual's social security number and that the form or
application cannot be processed unless the individual provides
the number, if such be the case; or
(B) that the individual has the right to refuse to provide his
social security number to the agency, if he so desires, and that
he will not be penalized therefor.
(b) In any location where a form, application or other writing
covered in subsection (a) of this section is taken or filled out, there
shall be posted in a conspicuous place a sign in bold print containing
information identical to that required on the forms required in
subsection (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 other
writings which include a request for the social security number
produced by or for any state agency on and after January 1, 1978,
immediately preceding or following such request, the statement and
notification required by section 2 of this chapter. To all forms,
applications and other writings which include a request for the social
security number already in use, but not yet executed, by a state
agency on January 1, 1978, there shall be appended, on or before said
date, the statement and notification required by section 2 of this
chapter.
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 his
social security number to a state agency in accordance with the
provisions of section 2(a)(2)(B) of this chapter, the state agency to
whom he has made his refusal known is prohibited from obtaining
the 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 by
the loss or threat of loss of services or assistance or by the denial or
refusal to issue any license or permit, by a state agency for his refusal
in 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 a
method under which a person who has previously given his or her
social security number to the state agency at that person's request
may have the number removed from the records of the agency and
substitute therefor the new identification number to be used by the
person. The notice printed on forms and posted in the office of the
agency shall include information on the right of the applicant to
remove 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 provisions
of section 1 of this chapter, shall prepare a report, on or before
January 1 annually, to the general assembly setting forth any form,
application, or other writing required or maintained by it which
contains the social security number of any individual. Such report
shall also set forth the reason or rationale for requiring such social
security number. The report must be in an electronic format under
IC 5-14-6.
As added by Acts 1978, P.L.8, SEC.3. Amended by P.L.28-2004,
SEC.14.