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H0504aa..............................by JUDICIARY, RULES AND ADMINISTRATION
IDENTITY THEFT - Adds to existing consumer protection law to provide for
the blocking of consumer reporting information when that information is a
result of the crime of misappropriating personal identifying information;
to provide exceptions; and to provide remedies.
02/04 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
03/08 Rpt out - to Gen Ord
03/09 Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 64-0-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Geddes, McKague, Mortensen, Ringo, Mr
Speaker
Floor Sponsors - Trail, Hansen(23)
Title apvd - to Senate
03/15 Senate intro - 1st rdg as amen - to Jud
03/23 Rpt out - rec d/p - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
04/04 3rd rdg as amen - PASSED - 32-0-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton,
Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Danielson, Davis, Noh
Floor Sponsor - Darrington
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/17 Governor signed
Session Law Chapter 422
Effective: 07/01/00
H0504
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 504, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ACTIONS BY CONSUMER REPORTING AGENCIES; AMENDING TITLE 28, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 50, TITLE 28, IDAHO CODE, TO DEFINE
4 TERMS AND TO PROVIDE FOR THE BARRING OF INFORMATION OCCURRING AS A RESULT
5 OF A VIOLATION OF THE CRIMINAL CODE SECTION MAKING IT A VIOLATION TO
6 MISAPPROPRIATE PERSONAL IDENTIFYING INFORMATION, TO PROVIDE EXCEPTIONS AND
7 TO PROVIDE REMEDIES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Title 28, Idaho Code, be, and the same is hereby amended
10 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
11 ter 50, Title 28, Idaho Code, and to read as follows:
12 CHAPTER 50
13 IDENTITY THEFT
14 28-50-101. DEFINITIONS. As used in this section and section 28-50-102,
15 Idaho Code, the following terms have the following meanings:
16 (1) "Consumer credit report" means any written, oral or other communica-
17 tion of any information by a consumer reporting agency bearing on a consumer's
18 creditworthiness, credit standing, or credit capacity, character, general rep-
19 utation, personal characteristics, or mode of living which is used or is
20 expected to be used, or collected in whole or in part for the purpose of serv-
21 ing as a factor in establishing the consumer's eligibility for credit or
22 insurance for personal, family or household purposes, employment purposes or
23 other purposes authorized under sections 603 and 604 of the fair credit
24 reporting act, 15 USC sections 1681a and 1681b, as amended. The term does not
25 include:
26 (a) Any report containing information solely as to transactions or expe-
27 riences between the consumer and the person making the report;
28 (b) Any communication of that information among persons related by common
29 ownership or affiliated by corporate control;
30 (c) Any communication of other information among persons related by com-
31 mon ownership or affiliated by corporate control;
32 (d) Any authorization or approval of a specific extension of credit
33 directly or indirectly by the issuers of a credit card or similar device;
34 (e) Any report in which a person who has been requested by a third party
35 to make a specific extension of credit directly or indirectly to a con-
36 sumer conveys his or her decision with respect to such request, if the
37 third party advises the consumer of the name and address of the person to
38 whom the request was made and the person makes the disclosures to the con-
39 sumer required under section 615 of the fair credit reporting act, 15 USC
40 section 1681m, as amended.
41 (2) "Consumer reporting agency" means a person that, for monetary fees,
42 dues or on a cooperative nonprofit basis, regularly engages in whole or in
2
1 part in the practice of assembling or evaluating consumer credit information
2 or other information on consumers for the purpose of furnishing consumer
3 reports to third parties.
4 (3) "Person" means any individual, partnership, corporation, trust,
5 estate, cooperative, association, government or governmental subdivision or
6 agency or other entity.
7 28-50-102. BLOCK OF INFORMATION APPEARING AS A RESULT OF A VIOLATION OF
8 CRIMINAL CODE PROVISION PROHIBITING MISAPPROPRIATION OF PERSONAL INFORMATION.
9 (1) If a consumer submits to a consumer reporting agency a certified copy of a
10 police report setting forth facts establishing probable cause of a violation
11 of section 18-3126, Idaho Code, the consumer reporting agency shall, within
12 thirty (30) days of the receipt of the police report, permanently block or
13 decline to block reporting any information that the consumer identifies on his
14 or her credit report is the result of a violation of section 18-3126, Idaho
15 Code, so that the information cannot be reported. The consumer reporting
16 agency shall promptly notify the furnisher of the information that a police
17 report has been filed, that a block has been requested and the effective date
18 of the block.
19 (2) Furnishers of information and consumer reporting agencies may decline
20 to block or may rescind any block of credit information if:
21 (a) The information was blocked due to a material misrepresentation of
22 fact by the consumer;
23 (b) The consumer agrees that the blocked information, or portions of the
24 blocked information, were blocked in error; or
25 (c) The consumer knowingly obtained possession of goods, services or
26 moneys as a result of the blocked transaction or transactions or the con-
27 sumer should have known that he or she obtained possession of goods, ser-
28 vices or moneys as a result of the blocked transaction or transactions.
29 (3) If the block of information is declined or rescinded pursuant to this
30 section, the consumer shall be promptly notified in the same manner as con-
31 sumers are notified of the reinsertion of information pursuant to section 611
32 of the fair credit reporting act, 15 USC section 1681i, as amended. The prior
33 presence of the blocked information in the consumer reporting agency's file on
34 the consumer is not evidence of whether the consumer knew or should have known
35 that he or she obtained possession of any goods, services or moneys.
36 (4) A consumer harmed by a violation of this section may maintain an
37 action for legal damages and injunctive relief against the consumer reporting
38 agency or the furnisher of the information or both. A judgment in favor of the
39 consumer shall include an award of attorney's fees in addition to other appro-
40 priate relief as granted by the court.
AH0504
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Trail
Seconded by Hansen (23)
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 504
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, delete lines 11 and 12 and insert: "of sec-
3 tion 18-3126, Idaho Code, the consumer reporting agency shall, within thirty
4 (30) days of the receipt of the police report, permanently block or decline to
5 block reporting any information that the consumer identifies"; in line 15,
6 delete "the infor-" and delete line 16 and insert: "a police report has been
7 filed, that a block has been requested and the effective date of the block.";
8 in line 17, following "may" insert: "decline to block or may"; in line 27,
9 following "is" insert: "declined or"; in line 34, delete "consumer reporting
10 agency's"; and in line 36, following "agency" insert: "or the furnisher of the
11 information or both. A judgment in favor of the consumer shall include an
12 award of attorney's fees in addition to other appropriate relief as granted by
13 the court".
STATEMENT OF PURPOSE
RS 09458C1
This legislation provides civil remedies for victims of identity theft. Victims of
identify theft often have their personal credit ruined as a result of the theft. The
legislation provides that a victim of the crime could block any adverse credit
reports resulting from the crime by filing the police report of the crime with the
credit reporting agency. The legislation provides legal and injunctive relief for
consumers against reporting agencies who refuse to clear the credit record of the
consumer.
FISCAL NOTE
There is no fiscal impact upon the general fund of the State of Idaho.
Contact: Representative Tom Trail
334-1000
Representative Randy Hansen
334-1000
William A. von Tagen, Office of Attorney General
Phone:334-4140
STATEMENT OF PURPOSE/FISCAL NOTE H 504