House File 2368 H-8064 Amend House File 2368 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 714G.1, subsection 1, Code 4 2014, is amended to read as follows: 5 1. “Consumer” means an individual who is a resident 6 of this state sixteen years of age or older who does 7 not otherwise meet the definition of a protected 8 consumer and who is not subject to a protected consumer 9 security freeze . 10 Sec. 2. Section 714G.1, Code 2014, is amended by 11 adding the following new subsections: 12 NEW SUBSECTION . 7A. “Protected consumer” means 13 an individual who is either under sixteen years of 14 age at the time a request for a protected consumer 15 security freeze is made for the individual or is an 16 incapacitated person or a protected person for whom a 17 guardian or conservator has been appointed. 18 NEW SUBSECTION . 7B. “Protected consumer security 19 freeze” means one of the following: 20 a. If a consumer reporting agency does not have a 21 file pertaining to a protected consumer, a restriction 22 that is placed on the protected consumer’s record in 23 accordance with section 714G.8A that prohibits the 24 consumer reporting agency from releasing the protected 25 consumer’s record except as provided in that section. 26 b. If a consumer reporting agency has a file 27 pertaining to a protected consumer, a restriction 28 that is placed on the protected consumer’s consumer 29 credit report in accordance with section 714G.8A that 30 prohibits the consumer reporting agency from releasing 31 the protected consumer’s consumer credit report or 32 any information derived from the protected consumer’s 33 consumer credit report except as provided in that 34 section. 35 NEW SUBSECTION . 7C. “Record” means a compilation 36 of information that includes or satisfies all of the 37 following: 38 a. Identifies a protected consumer. 39 b. Is created by a consumer reporting agency solely 40 for the purpose of complying with section 714G.8A. 41 c. Is not created or used to consider the protected 42 consumer’s credit worthiness, credit standing, credit 43 capacity, character, general reputation, personal 44 characteristics, or mode of living. 45 NEW SUBSECTION . 7D. “Representative” means a 46 protected consumer’s parent, guardian, or custodian 47 who provides to a consumer reporting agency sufficient 48 proof of authority to act on behalf of a protected 49 consumer. 50 -1- HF2368.3082 (2) 85 rn/nh 1/ 4 #1.

NEW SUBSECTION . 8A. “Sufficient proof of authority” 1 means documentation that shows a representative has 2 authority to act on behalf of a protected consumer, 3 which may be demonstrated in the form of an order 4 issued by a court of law, a lawfully executed and valid 5 power of attorney, or a written notarized statement 6 signed by the representative that expressly describes 7 the authority of the representative to act on behalf of 8 a protected consumer. 9 NEW SUBSECTION . 8B. “Sufficient proof of 10 identification” means one or more of the following: 11 a. A protected consumer’s social security number or 12 a copy of a social security card issued by the federal 13 social security administration. 14 b. A certified or official copy of a protected 15 consumer’s birth certificate issued by the entity 16 authorized to issue the birth certificate. 17 c. A copy of a protected consumer’s driver’s 18 license, a protected consumer’s nonoperator’s 19 identification card issued by the state department 20 of transportation, or any other federal or state 21 government-issued form of identification pertaining to 22 a protected consumer. 23 Sec. 3. Section 714G.8, unnumbered paragraph 1, 24 Code 2014, is amended to read as follows: 25 A security freeze or protected consumer security 26 freeze shall not apply to the following persons or 27 entities: 28 Sec. 4. NEW SECTION . 714G.8A Protected consumer 29 security freeze. 30 1. A consumer reporting agency shall implement 31 a protected consumer security freeze for a protected 32 consumer if the consumer reporting agency receives a 33 request from the protected consumer’s representative 34 for the placement of the protected consumer security 35 freeze pursuant to this section and the protected 36 consumer’s representative complies with all of the 37 following: 38 a. Submits the request to the consumer reporting 39 agency at the address or other point of contact and in 40 the manner specified by the consumer reporting agency. 41 b. Provides sufficient proof of identification of 42 the protected consumer and the representative. 43 c. Provides sufficient proof of authority to act on 44 behalf of the protected consumer. 45 d. Payment of the fee specified in subsection 5. 46 2. a. A protected consumer security freeze 47 requested pursuant to subsection 1 shall commence 48 within thirty days after the request is received. 49 If a consumer reporting agency does not have a file 50 -2- HF2368.3082 (2) 85 rn/nh 2/ 4

pertaining to a protected consumer when the consumer 1 reporting agency receives the request, the consumer 2 reporting agency shall create a record for the 3 protected consumer within thirty days after the request 4 is received. 5 b. While a protected consumer security freeze 6 is in effect, a consumer reporting agency shall not 7 release the protected consumer’s consumer credit 8 report, any information derived from the protected 9 consumer’s consumer credit report, or any information 10 contained in the record created for the protected 11 consumer. The protected consumer security freeze 12 shall remain in effect until the protected consumer 13 or the protected consumer’s representative requests 14 the consumer reporting agency to remove the protected 15 consumer security freeze pursuant to subsection 3, or 16 the consumer reporting agency removes the protected 17 consumer security freeze pursuant to subsection 6. 18 3. A consumer reporting agency shall remove a 19 protected consumer security freeze if the consumer 20 reporting agency receives a request from the protected 21 consumer or the protected consumer’s representative to 22 remove the protected consumer’s security freeze that 23 complies with all of the following: 24 a. The request is submitted to the consumer 25 reporting agency at the address or other point of 26 contact and in the manner specified by the consumer 27 reporting agency. 28 b. In the case of a request by a protected 29 consumer, the request includes proof that previously 30 submitted sufficient proof of authority for the 31 protected consumer’s representative to act on behalf 32 of the protected consumer is no longer valid, and 33 sufficient proof of identification of the protected 34 consumer. 35 c. In the case of a request by the representative 36 of a protected consumer, the request includes 37 sufficient proof of identification of the protected 38 consumer and the representative, and sufficient 39 proof of authority to act on behalf of the protected 40 consumer. 41 d. The fee specified in subsection 5. 42 4. A protected consumer security freeze shall 43 be removed by the consumer reporting agency within 44 thirty days after the request for removal pursuant to 45 subsection 3 is received by the consumer reporting 46 agency. 47 5. a. A consumer reporting agency may charge a 48 reasonable fee, not to exceed five dollars, for each 49 placement or removal of a protected consumer security 50 -3- HF2368.3082 (2) 85 rn/nh 3/ 4

freeze. A consumer reporting agency may not charge 1 any other fee for a service performed pursuant to this 2 section. 3 b. Notwithstanding paragraph “a” , a fee may not 4 be charged by a consumer reporting agency pursuant to 5 either of the following: 6 (1) If the protected consumer’s representative 7 has obtained a police report or affidavit of alleged 8 identity theft under section 715A.8 and submits a copy 9 of the report or affidavit to the consumer reporting 10 agency. 11 (2) A request for the commencement or removal of a 12 protected consumer security freeze is for a protected 13 consumer who is under the age of sixteen years at 14 the time of the request and the consumer reporting 15 agency has a consumer credit report pertaining to the 16 protected consumer. 17 6. A consumer reporting agency may remove a 18 protected consumer security freeze for a protected 19 consumer or delete a record of a protected consumer if 20 the protected consumer security freeze was commenced 21 or the record was created based on a material 22 misrepresentation of fact by the protected consumer or 23 the protected consumer’s representative. 24 7. The provisions of sections 714G.8, 714G.10, and 25 714G.11 shall be applicable to a protected consumer 26 security freeze. 27 Sec. 5. EFFECTIVE DATE. This Act takes effect 28 January 1, 2015. > 29 2. Title page, by striking lines 1 and 2 and 30 inserting < An Act extending security freeze protection 31 to specified individuals designated as protected 32 consumers, making penalties applicable, and including 33 effective date provisions. > 34 ______________________________ KLEIN of Washington -4- HF2368.3082 (2) 85 rn/nh 4/ 4 #2.