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
|||| 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.
|||| 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