Governor Schwarzenegger signed the following legislation:
SB 13 by Senator Debra Bowen (D-Marina del Rey) - Personal information.
- SB 13 requires that the Committee for the Protection of Human Subjects at the Health and Human Services Agency approve scientific research proposals before state agencies are permitted to disclose personal information to be used while conducting scientific research.
- SB 97 provides that a person who violates California's anti-spam law by sending unsolicited commercial electronic mail ("spam") has committed a misdemeanor punishable by a fine of not more than $1,000, imprisonment in a county jail for not more than six months, or by both the fine and imprisonment.
- SB 158 eliminates the requirement that one provide his or her Social Security Number on a power of attorney form and authorizes any party accepting the form to seek identification of the agent.
- SB 460 expands existing law to prohibit any offender confined in a county facility or any inmate confined in the California Department of Corrections and Rehabilitation (DCR), from employment that provides access to the personal information of private individuals, by making the provisions of law applicable regardless of the commitment offense of the inmate.
- AB 361 provides that it is a misdemeanor for notaries public to willfully fail to perform the required duties of a notary and requires the court to revoke a notary's commission if the notary is convicted of a felony or for willfully failing to perform his or her duties. This bill also clarifies that the crime of forgery includes falsifying an acknowledgement of a notary.
- AB 1069 makes it a crime to possess deceptive identification document-making devices with the intent that the device(s) will be used to manufacture, alter, or authenticate a deceptive identification document, as defined.
- AB 1517 would permit the Department of Managed Health Care (DMHC) to run criminal background checks on any prospective employee whose duties would include access to medical information. This bill also requires the DMHC to conduct criminal background checks on any contractor, its employees, agents or subcontractors that, as a part of their contracts with the DMHC, will have access to
- medical records.
North Carolina Gov. Easley Signs Identity Theft Protection Act
North Carolina Gov. Mike Easley signed into law Senate Bill 1048, The Identity Theft Protection Act of 2005, supported by Attorney General Roy Cooper and sponsored by Sen. Daniel Clodfelter (D-Mecklenburg).
"More than 300,000 North Carolinians fall victim to identity thieves each year and the crime costs citizens and businesses billions of dollars," said Easley. "This new law will help stop thieves from gaining access to consumers' personal information and profiting at their expense."
Senate Bill 1048 amends Chapter 75 of the General Statutes to provide increased protections of personal and credit information. The new law will prevent businesses from using Social Security numbers (SSN) for customer identification and will restrict businesses from selling or displaying SSNs to a third party without an individual's written consent. The bill also requires businesses to notify customers if a security breach compromises their personal information. Businesses must also shred or destroy any records containing customers' personal information.
The legislation will also give consumers the right to place a security freeze on their credit reports to prevent an identity thief from accessing the report and opening an account or obtaining credit under a false name.
"Criminals need just a few key pieces of information to steal your identity and ruin your credit," said Attorney General Roy Cooper. "This comprehensive law gives consumers new ways to protect their identity and makes it harder for thieves to get their hands on personal information in the first place."
Sections of Senate Bill 1048 become effective Dec. 1, 2005, Oct. 1, 2006, and July 1, 2007, and apply to offenses committed, and to causes of action arising, on or after these dates.
