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ROBERT L. EHRLICH, JR., Governor
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S.B. 280
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(4) AN INTERACTIVE COMPUTER SERVICE PROVIDER'S OR A
TELECOMMUNICATIONS PROVIDER'S TRANSMISSION OR ROUTING OF, OR
INTERMEDIATE TEMPORARY STORAGE OR CACHING OF, AN INDIVIDUAL'S SOCIAL
SECURITY NUMBER.
(C) THIS SECTION DOES NOT IMPOSE A DUTY ON AN INTERACTIVE COMPUTER
SERVICE PROVIDER OR A TELECOMMUNICATIONS PROVIDER ACTIVELY TO MONITOR
ITS SERVICE OR AFFIRMATIVELY TO SEEK EVIDENT EVIDENCE OF THE
TRANSMISSION OF SOCIAL SECURITY NUMBERS ON ITS SERVICE.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Commercial Law
14-3303.
(A) A PERSON THAT USED AN INDIVIDUAL'S SOCIAL SECURITY NUMBER
BEFORE JANUARY 1, 2005 2006, IN A MANNER PROHIBITED UNDER § 14-3302(A) OF
THIS SUBTITLE MAY CONTINUE TO USE THE INDIVIDUAL'S SOCIAL SECURITY
NUMBER IN THAT MANNER IF:
(1) THE USE OF THE INDIVIDUAL'S SOCIAL SECURITY NUMBER IS
CONTINUOUS; AND
(2) BEGINNING ON JULY JANUARY 1, 2005 2006, THE PERSON PROVIDES
THE INDIVIDUAL WITH AN ANNUAL DISCLOSURE FORM STATING THE INDIVIDUAL'S
RIGHT TO STOP THE USE OF THE INDIVIDUAL'S SOCIAL SECURITY NUMBER IN THE
MANNER PROHIBITED UNDER § 14-3302(A) OF THIS SUBTITLE.
(B) A WRITTEN REQUEST BY AN INDIVIDUAL TO STOP THE USE OF THE
INDIVIDUAL'S SOCIAL SECURITY NUMBER IN A MANNER PROHIBITED UNDER §
14-3302(A) OF THIS SUBTITLE SHALL BE IMPLEMENTED WITHIN 30 DAYS AFTER
RECEIPT OF THE REQUEST.
(C) A PERSON MAY NOT DENY PRODUCTS OR SERVICES TO AN INDIVIDUAL
BECAUSE THE INDIVIDUAL MAKES A WRITTEN REQUEST UNDER THIS SECTION.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to all
health insurance policies and contracts issued, delivered, or renewed in the State on
or after the effective date of this Act July 1, 2005 January 1, 2006. Any health
insurance policy or contract in effect before the effective date of this Act January 1,
2006 shall comply with the provisions of this Act on or before 1 year after the effective
date of this Act no later than July 1, 2006 on or before January 1, 2007.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety,
has been passed by a yea and nay vote supported by three fifths of all the members
elected to each of the two Houses of the General Assembly, and shall take effect from
the date it is enacted. Section 2 of this Act shall remain effective through May 31,
2008, and, at the end of May 31, 2008, with no further action required by the General
Assembly, Section 2 of this Act shall be abrogated and of no further force and effect
- 3557 -
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