1999 Legislation
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HOUSE BILL NO. 110 – Personal identity, misappropriation

HOUSE BILL NO. 110

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Daily Data Tracking History



H0110................................by JUDICIARY, RULES AND ADMINISTRATION
PERSONAL IDENTITY - Adds to and amends existing law to provide that
misappropriation of personal identifying information shall be a criminal
offense.

01/26    House intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 59-0-11
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
      Callister, Chase, Clark, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Hadley, Hammond, Hansen(23), Henbest, Hornbeck,
      Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
      Sellman, Smith, Smylie, Stevenson, Stone, Taylor(Taylor), Tilman,
      Tippets, Watson, Wheeler, Williams, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Boe, Campbell, Crow, Geddes, Gould, Hansen(29),
      Kellogg, Pischner, Stoicheff, Trail, Mr Speaker
    Floor Sponsor - Trail, Hansen(23)
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Parry
    Floor Sponsor - Bunderson
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/15    Pres signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 124
         Effective: 07/01/99

Bill Text


H0110


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 110

                     BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO FALSE PRETENSES, CHEATS AND MISREPRESENTATIONS;  AMENDING  SECTION
 3        18-3122, IDAHO CODE, TO DEFINE THE TERM "PERSONAL IDENTIFYING INFORMATION"
 4        AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-3124, IDAHO CODE,
 5        TO PROVIDE REFERENCE TO AN FTC ACCOUNT NUMBER AND TO MAKE  TECHNICAL  COR-
 6        RECTIONS;  AMENDING CHAPTER 31, TITLE 18, IDAHO CODE, BY THE ADDITION OF A
 7        NEW  SECTION  18-3126, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO
 8        MISAPPROPRIATE PERSONAL IDENTIFYING INFORMATION; AMENDING SECTION 18-3126,
 9        IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE A CORRECT  CITATION;
10        AND  AMENDING  SECTION 18-3127, IDAHO CODE, TO REDESIGNATE THE SECTION AND
11        TO PROVIDE A CORRECT CITATION.

12    Be It Enacted by the Legislature of the State of Idaho:

13        SECTION 1.  That Section 18-3122, Idaho Code, be, and the same  is  hereby
14    amended to read as follows:

15        18-3122.  DEFINITIONS.  The following words and phrases used in this chap-
16    ter mean:
17        (1)  "Authorized credit card merchant" means a person or organization  who
18    is  authorized  by  an issuer to furnish money, goods, services or anything of
19    value upon presentation of a financial transaction card or a financial  trans-
20    action  card account number by a card holder, and to present valid credit card
21    sales drafts to the issuer for payment.
22        (2)  "Automated banking device" means any  machine  which,  when  properly
23    activated  by  a  financial  transaction card and/or a personal identification
24    code, may be used for any of the purposes for which  a  financial  transaction
25    card may be used.
26        (3)  "Card holder" means any person or organization named on the face of a
27    financial transaction card to whom, or for whose benefit, a financial transac-
28    tion card is issued by an issuer.
29        (4)  "Credit card sales draft" means:
30        (a)  Any  sales slip, draft, voucher or other written or electronic record
31        of a sale of goods, services or anything else of value made  or  purported
32        to be made to or at the request of a card holder with a financial transac-
33        tion card, financial transaction card account number or personal identifi-
34        cation code; or
35        (b)  Any  evidence, however manifested, of any right or purported right to
36        collect from a card holder funds due or purported to be due  with  respect
37        to any sale or purported sale.
38        (5)  "Expired  financial transaction card" means any financial transaction
39    card which is no longer valid because the terms agreed to have been  cancelled
40    or have elapsed.
41        (6)  "Financial  transaction card" or "FTC" means any instrument or device
42    known as a credit card, credit plate, bank services card, banking card,  check
43    guarantee  card, debit card, telephone credit card or by any other name issued


                                          2

 1    by the issuer for the use of the card holder in obtaining money,  goods,  ser-
 2    vices,  or  anything else of value on credit, or in certifying or guaranteeing
 3    to a person or business the availability to the card holder of  the  funds  on
 4    deposit  that  are  equal  to  or greater than the amount necessary to honor a
 5    draft or check payable to the order of such  a  person  or  business;  or  any
 6    instrument  or  device  used  in  providing the card holder access to a demand
 7    deposit account or a time deposit account for the purpose of  making  deposits
 8    of  money  or checks therein, or withdrawing funds in the form of money, money
 9    orders, or traveler ' s checks or  other  representative  of  value
10    therefrom  or  transferring  funds  from  any  demand  account or time deposit
11    account to any credit card account in full or partial satisfaction of any out-
12    standing balance existing therein.
13        (7)  "Financial transaction card account number" means the account  number
14    assigned  by an issuer to a financial transaction card to identify and account
15    for transactions involving that financial transaction card.
16        (8)  "Issuer" means a business organization or  financial  institution  or
17    its duly authorized agent which issues a financial transaction card.
18        (9)  "Personal  identification code" means any numerical and/or alphabeti-
19    cal code assigned to the card holder of a financial transaction  card  by  the
20    issuer to permit the authorized electronic use of that FTC.
21        (10)   "Personal  identifying  information"  means the name, address,
22    telephone number, driver's license number, social security  number,  place  of
23    employment,  employee  identification  number,  mother's maiden name, checking
24    account number, savings account number, financial transaction card number,  or
25    personal  identification  code  of  an individual person, or any other numbers
26    which can be used to access a person's financial resources.
27        (11)  "Revoked financial transaction card" means a n  FTC
28    which is no longer valid because permission to use it has  been  suspended  or
29    terminated  by  the  issuer  with actual notice having been made upon the card
30    holder.

31        SECTION 2.  That Section 18-3124, Idaho Code, be, and the same  is  hereby
32    amended to read as follows:

33        18-3124.  FRAUDULENT  USE  OF A FINANCIAL TRANSACTION CARD. It is a viola-
34    tion of the provisions of this section for  any  person  with  the  intent  to
35    defraud:
36        (1)  To  knowingly  obtain  or  attempt to obtain credit or to purchase or
37    attempt to purchase any goods, property, or service, by the use of any  false,
38    fictitious, counterfeit, revoked, expired or fraudulently obtained FTC, by any
39    FTC   credit   account  number, or by the use of any FTC
40    issued;
41        (2)  To use an FTC to knowingly and willfully exceed the actual balance of
42    the demand deposit account or time deposit account;
43        (3)  To use an FTC to willfully exceed an authorized credit  line  in  the
44    amount  of  one  thousand  dollars  ($1,000)  or more, or fifty  per cent
45      percent  (50%) of such authorized credit line, whichever is
46    greater;
47        (4)  To willfully deposit into his account or any other account  by  means
48    of  an  automatic  banking  device,  any false, forged, fictitious, altered or
49    counterfeit check draft, money order, or any other such document;
50        (5)  To make application for an FTC to an issuer, while  knowingly  making
51    or  causing to be made a false statement or report relative to his name, occu-
52    pation, financial condition, assets, or to willfully and  substantially  
53    under  value    undervalue  any indebtedness for the purposes


                                          3

 1    of influencing the issuer to issue an FTC;
 2        (6)  To knowingly sell or attempt to sell credit card sales drafts  to  an
 3    authorized  credit  card merchant or any other person or organization, for any
 4    consideration whether at a discount or otherwise, or present or  cause  to  be
 5    presented  to the issuer or an authorized credit card merchant, for payment or
 6    collection, any credit card sales draft, or purchase or  attempt  to  purchase
 7    any  credit  card  sales draft for presentation to the issuer or an authorized
 8    credit card merchant for payment or collection if:
 9        (a)  Such draft is counterfeit or fictitious;
10        (b)  The purported sale evidenced by such credit card sales draft did  not
11        take place;
12        (c)  The purported sale was not authorized by the card holder;
13        (d)  The  items  or  services  purported  to  be sold as evidenced by such
14        credit card sales draft are not delivered or rendered to the  card  holder
15        or person intended to receive them; or
16        (e)  If  purportedly  delivered or rendered, such goods or services are of
17        materially lesser value or quality from that intended by the purchaser, or
18        are materially different from goods or services represented by the  seller
19        or  his  agent  to  the  purchaser, or have substantial discrepancies from
20        goods or services impliedly represented by the purchase  price  when  com-
21        pared with the actual goods or services purportedly delivered or rendered.
22        (7)  To  knowingly  keep or maintain in any manner carbon or other impres-
23    sions or copies of credit card sales drafts, and to use  such  impressions  or
24    copies  for the purpose of creating any fictitious or counterfeit credit sales
25    draft, or to engage in any other activity prohibited in this section.

26        SECTION 3.  That Chapter 31, Title 18, Idaho Code, be,  and  the  same  is
27    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
28    known and designated as Section 18-3126, Idaho Code, and to read as follows:

29        18-3126.  MISAPPROPRIATION OF  PERSONAL  IDENTIFYING  INFORMATION.  It  is
30    unlawful  for  any person to obtain or record personal identifying information
31    of another person without the authorization of that person,  with  the  intent
32    that  the  information be used to obtain, or attempt to obtain, credit, money,
33    goods or services in the name of the other person without the consent of  that
34    person.

35        SECTION  4.  That  Section 18-3126, Idaho Code, be, and the same is hereby
36    amended to read as follows:

37        18-312 6  7 .  RECEIVING OR POSSESSING  FRAUDULENTLY
38    OBTAINED  GOODS OR SERVICES. It is unlawful for any person to receive, retain,
39    conceal, possess or dispose of personal property, cash or other representative
40    of value, who knows or has reason to believe the property, cash or other  rep-
41    resentative  of  value  has  been  obtained  by fraud as set forth in sections
42    18-3123, 18-3124 ,   and   18-3125A    and  18-3126
43    , Idaho Code.

44        SECTION  5.  That  Section 18-3127, Idaho Code, be, and the same is hereby
45    amended to read as follows:

46        18-312 7  8 .  PENALTY FOR VIOLATION. (1) Any person
47    found guilty of a violation  of  section  18-3124,  18-3125,  18-3125A  ,
48       or  18-3126  or 18-3127 , Idaho Code, is guilty
49    of a misdemeanor. In the event that the retail value of the goods obtained  or


                                          4

 1    attempted  to  be  obtained through any violation of the provisions of section
 2    18-3124, 18-3125A ,    or    18-3126    or  18-3127
 3    ,  Idaho  Code, exceeds three hundred dollars ($300), any such violation
 4    will constitute a felony, and will be punished as provided in this section.
 5        (2)  For purposes of this section, the punishment for a misdemeanor  shall
 6    be  a fine of up to one thousand dollars ($1,000) or up to one (1) year in the
 7    county jail, or both such fine and imprisonment.
 8        (3)  For purposes of this section, the punishment for a felony shall be  a
 9    fine  of  up  to fifty thousand dollars ($50,000) or imprisonment in the state
10    prison not exceeding five (5) years, or both such fine and imprisonment.

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE

                              RS 08557

This legislation creates a new crime of identity theft by amending Chapter 31 of Title I S,
Idaho Code. In addition to amending certain specific code sections, the legislation creates a
new Idaho Code  18-3126 which makes it unlawful for any person to obtain or record
personal identifying information of another individual with the intent of using the acquired
information to obtain credit cards or other forms of credit which might then be used to obtain
money or goods.

Nationwide, as well as in Idaho, there are increasing incidents of what is called identity theft.
In Idaho, prosecutors have been frustrated by the lack of a code section which makes obtaining
credit in another's name a criminal act.

                             FISCAL NOTE

There is no fiscal impact upon the general fund of the State of Idaho.

CONTACT: Representative Tom Trail
                334-1000
        
William A. von Tagen, Deputy Attorney General
Division Chief, Intergovernmental and Fiscal Law Division
334-4140

                                         STATEMENT OF PURPOSE/FISCAL NOTE     Bill No.  H 110