Reference is to Printer's Date 4/25/13-S.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 20, Title 37 of the 1976 Code is amended by adding:
"Section 37-20-161. (A) For purposes
of this section:
(1)
'Protected consumer' means an individual who is:
(a)
under the age of sixteen years at the time a request for
the placement of a security freeze is made; or
(b)
an incapacitated person or a protected person for whom a
guardian or conservator has been appointed.
(2)
'Record' means a compilation of information that:
(a)
identifies a protected consumer;
(b)
is created by a consumer reporting agency solely for the
purpose of complying with this section; and
(c)
may not be created or used to consider the protected
consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode
of living for any purpose listed in Section 37-20-110(3).
(3)
'Representative' means a person who provides to a consumer
reporting agency sufficient proof of authority to act on behalf
of a protected consumer.
(4)
'Security freeze' means:
(a)
if a consumer reporting agency does not have a file
pertaining to a protected consumer, a restriction that:
(i)
is placed on the protected consumer's
record in accordance with this section; and
(ii)
prohibits the consumer reporting agency from releasing the
protected consumer's record except as provided in this section;
or
(b)
if a consumer reporting agency has a file pertaining to
the protected consumer, a restriction that:
(i)
is placed on the protected consumer's
consumer report in accordance with this section; and
(ii)
prohibits the consumer reporting agency from releasing the
protected consumer's consumer report or any information derived
from the protected consumer's consumer report except as provided
in this section.
(5)
'Sufficient proof of authority' means documentation that
shows a representative has authority to act on behalf of a
protected consumer and includes:
(a)
an order issued by a court of law;
(b)
a lawfully executed and valid power of attorney; or
(c)
a written, notarized statement signed by a representative
that expressly describes the authority of the representative to
act on behalf of a protected consumer.
(6)
'Sufficient proof of identification' means information or
documentation that identifies a protected consumer or a
representative of a protected consumer and includes:
(a)
a social security number or a copy of a social security
card issued by the social security administration;
(b)
a certified or official copy of a birth certificate issued
by the entity authorized to issue the birth certificate; or
(c)
a copy of a driver's license, an identification card
issued by the motor vehicle administration, or any other
government issued identification.
(B) This section does
not apply to the use of a protected consumer's consumer report
or record by a person specified in Section 37-120-160(K) or
(L).
(C)(1) A consumer
reporting agency shall place a security freeze for a protected
consumer if:
(a)
the consumer reporting agency receives a request from the
protected consumer's representative for the placement of the
security freeze under this section; and
(b)
the protected consumer's representative:
(i)
submits the request to the consumer
reporting agency at the address or other point of contact and in
the manner specified by the consumer reporting agency;
(ii)
provides to the consumer reporting agency sufficient proof
of identification of the protected consumer and the
representative; and
(iii)
provides to the consumer reporting agency sufficient proof
of authority to act on behalf of the protected consumer;
(2)
if a consumer reporting agency does not have a file
pertaining to a protected consumer when the consumer reporting
agency receives a request under paragraph (1) of this
subsection, the consumer reporting agency shall create a record
for the protected consumer.
(D) Within thirty days
after receiving a request that meets the requirements of
subsection (C)(1) of this section, a consumer reporting agency
shall place a security freeze for the protected consumer.
(E) Unless a security
freeze for a protected consumer is removed in accordance with
subsection (G) or (I) of this section, a consumer reporting
agency may not release the protected consumer's consumer report,
any information derived from the protected consumer's consumer
report, or any record created for the protected consumer.
(F) A security freeze
for a protected consumer placed under subsection (D) of this
section shall remain in effect until:
(1)
the protected consumer or the protected consumer's
representative requests the consumer reporting agency to remove
the security freeze in accordance with subsection (G) of this
section; or
(2)
the security freeze is removed in accordance with
subsection (I) of this section.
(G) If a protected
consumer or a protected consumer's representative wishes to
remove a security freeze for the protected consumer, the
protected consumer or the protected consumer's representative
shall:
(1)
submit a request for the removal of the security freeze to
the consumer reporting agency at the address or other point of
contact and in the manner specified by the consumer reporting
agency; and
(2)
provide to the consumer reporting agency:
(a)
in the case of a request by the protected consumer:
(i)
proof that the sufficient proof of
authority for the protected consumer's representative to act on
behalf of the protected consumer is no longer valid; and
(ii)
sufficient proof of identification of the protected
consumer; or
(b)
in the case of a request by the representative of a
protected consumer:
(i)
sufficient proof of identification of
the protected consumer and the representative; and
(ii)
sufficient proof of authority to act on behalf of the
protected consumer.
(H) Within fifteen days
after receiving a request that meets the requirements of
subsection (G) of this section, the consumer reporting agency
shall remove the security freeze for the protected consumer.
(I) A consumer
reporting agency may remove a security freeze for a protected
consumer or delete a record of a protected consumer if the
security freeze was placed or the record was created based on a
material misrepresentation of fact by the protected consumer or
the protected consumer's representative.
(J) A consumer
reporting agency may charge a fee not to exceed five dollars to
place a security freeze for a protected consumer only if the
protected consumer does not already have a consumer credit file
and the agency must create one in order to place the security
freeze."
SECTION 2. This act takes effect January 1, 2014. /
Renumber sections to conform.
Amend title to conform.