2000 Legislation
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HOUSE BILL NO. 504, As Amended – Identity theft, penalty

HOUSE BILL NO. 504, As Amended

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Daily Data Tracking History



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

Bill Text


 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.

Amendment


 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 / Fiscal Impact



               
                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