House File 2368 - Introduced HOUSE FILE 2368 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2116) A BILL FOR An Act extending security freeze protection to specified 1 individuals designated as protected consumers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5508HV (2) 85 rn/nh
H.F. 2368 Section 1. Section 714G.1, Code 2014, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 7A. “Protected consumer” means a consumer 3 who is either under eighteen years of age at the time a request 4 for a security freeze is made or is an incapacitated person or 5 a protected person for whom a guardian or conservator has been 6 appointed. 7 NEW SUBSECTION . 9. “Sufficient proof of authority” means 8 documentation that shows a consumer has authority to act on 9 behalf of a protected consumer, which may be demonstrated in 10 the form of an order issued by a court of law, a lawfully 11 executed and valid power of attorney, or a written notarized 12 statement signed by the consumer that expressly describes the 13 authority of the consumer to act on behalf of a protected 14 consumer. 15 NEW SUBSECTION . 10. “Sufficient proof of identification” 16 means one or more of the following: 17 a. A protected consumer’s social security number or a copy 18 of a protected consumer’s social security card issued by the 19 federal social security administration. 20 b. A certified or official copy of a protected consumer’s 21 birth certificate issued by the entity authorized to issue the 22 birth certificate. 23 c. A copy of a protected consumer’s driver’s license, a 24 protected consumer’s nonoperator’s identification card issued 25 by the state department of transportation, or any other federal 26 or state government-issued form of identification pertaining 27 to a protected consumer. 28 Sec. 2. Section 714G.2, Code 2014, is amended to read as 29 follows: 30 714G.2 Security freeze —— protected consumers . 31 1. A consumer may submit by certified mail to a consumer 32 reporting agency a written request for a security freeze. 33 The consumer must submit proper identification and the 34 applicable fee with the request. Within five business days 35 -1- LSB 5508HV (2) 85 rn/nh 1/ 4
H.F. 2368 after receiving the request, the consumer reporting agency 1 shall commence the security freeze. Within ten business days 2 after commencing the security freeze, the consumer reporting 3 agency shall send a written confirmation to the consumer of the 4 security freeze, a personal identification number or password, 5 other than the consumer’s social security number, for the 6 consumer to use in authorizing the suspension or removal of 7 the security freeze, including information on how the security 8 freeze may be temporarily suspended. 9 2. A consumer may also submit by certified mail to a 10 consumer reporting agency a written request for a security 11 freeze for a protected consumer. The request shall be 12 accompanied by sufficient proof of authority to act on 13 behalf of the protected consumer, and sufficient proof of 14 identification of the protected consumer. All procedures, 15 timeframes, and provisions specified in this chapter applicable 16 to a security freeze with respect to a consumer shall be 17 equally applicable to a security freeze with respect to a 18 protected consumer. A consumer reporting agency shall send a 19 separate personal identification number or password distinct 20 from the consumer’s own personal identification number or 21 password, if applicable, for the consumer to use in authorizing 22 the suspension or removal of the security freeze on behalf of 23 the protected consumer. A security freeze for a protected 24 consumer shall remain in effect until the consumer acting on 25 behalf of the protected consumer requests that it be removed as 26 specified in section 714G.4, or until the protected consumer 27 similarly requests that it be removed and the protected 28 consumer has attained eighteen years of age and is not or is no 29 longer an incapacitated person or a protected person for whom a 30 guardian or conservator has been appointed. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill extends security freeze protection to specified 35 -2- LSB 5508HV (2) 85 rn/nh 2/ 4
H.F. 2368 individuals designated as protected consumers. 1 The bill adds several new definitions to Code chapter 2 714G, which deals with consumer credit security. The bill 3 defines “protected consumer” to mean an individual who is 4 either under 18 years of age at the time a request for a 5 security freeze is made or is an incapacitated person or a 6 protected person for whom a guardian or conservator has been 7 appointed. The bill defines “sufficient proof of authority” 8 to mean documentation that shows a consumer has authority 9 to act on behalf of a protected consumer, which may be 10 demonstrated in the form of an order issued by a court of law, 11 a lawfully executed and valid power of attorney, or a written 12 notarized statement signed by the consumer that expressly 13 describes the authority of the consumer to act on behalf of 14 a protected consumer. The bill defines “sufficient proof of 15 identification” to mean a protected consumer’s social security 16 number or a copy of a social security card issued by the social 17 security administration; a certified or official copy of a 18 protected consumer’s birth certificate issued by the entity 19 authorized to issue the birth certificate; or a copy of a 20 protected consumer’s driver’s license, a protected consumer’s 21 identification card issued by the motor vehicle administration, 22 or any other federal or state government-issued form of 23 identification pertaining to a protected consumer. 24 The bill provides that a consumer, defined in the Code 25 chapter to mean an individual who is a resident of Iowa, 26 may submit by certified mail to a consumer reporting agency 27 a written request for a security freeze for a protected 28 consumer. The request shall be accompanied by sufficient 29 proof of authority to act on behalf of the protected consumer, 30 and sufficient proof of identification of the protected 31 consumer. The bill provides that all procedures, time frames, 32 and provisions specified in the Code chapter applicable to a 33 security freeze with respect to a consumer shall be equally 34 applicable to a security freeze with respect to a protected 35 -3- LSB 5508HV (2) 85 rn/nh 3/ 4
H.F. 2368 consumer. The bill requires a consumer reporting agency to 1 send a separate personal identification number or password 2 distinct from the consumer’s own personal identification number 3 or password, if the consumer has one from the agency, for the 4 consumer to use in authorizing the suspension or removal of the 5 security freeze. The bill provides that a security freeze for 6 a protected consumer shall remain in effect until the consumer 7 requests that it be removed or until a protected consumer 8 similarly requests that it be removed and the protected 9 consumer has attained 18 years of age and is not or is no 10 longer an incapacitated person or a protected person for whom a 11 guardian or conservator has been appointed. 12 -4- LSB 5508HV (2) 85 rn/nh 4/ 4