08RS HB553
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HB553

08RS

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HB 553/LM/CI (BR 1633) - R. Webb, J. Glenn, T. Thompson, J. Vincent

     AN ACT relating to consumer protection.
     Create new sections of KRS Chapter 367 to create definitions related to identity theft; restrict certain uses by businesses of a consumer's Social Security number subject to certain exceptions, to delay the effective date to July 1, 2009, and to make a violation subject to the same remedies, duties, powers, and penalties as violations of the Consumer Protection Act; require a business to give specified notice to a person whose personal information was acquired in a security breach subject to certain exceptions, to make a waiver void and unenforceable, and to declare that a violation is subject to the same remedies, duties, powers, and penalties as violations of the Consumer Protection Act; require a business to take certain measures to safeguard against security breaches subject to certain exceptions and to declare that a violation is subject to the same remedies, duties, powers, and penalties as violations of the Consumer Protection Act; declare that the provisions regarding business use of Social Security numbers, security breach notices, and safeguarding against security breaches do not limit the power to enforce criminal or civil statutes or the right to bring civil actions, and to provide venue for civil actions brought by the Attorney General regarding violations; create a new section of KRS Chapter 411 to establish an expedited Circuit Court procedure for a person whose identity or personal information has been used without consent in the commission of a criminal offense to get a determination that he or she is a victim of identity theft, and to require that the court filing fee be the same as for filing a small claims case; create a new section of KRS Chapter 431 to establish an expedited procedure allowing a person who has been charged with a crime because another person used his or her identifying information, and who has been found not guilty or the charges have been dismissed, to make a motion to the Court to redact his or her identifying information from certain records and to establish a procedure restricting access and inspection of those records; create a new section of KRS Chapter 17 to require a law enforcement agency to take a complaint and provide a copy of the police report to a complainant who has learned or reasonably suspects that his or her identity or personal information has been used without consent in the commission of a criminal offense; create a new section of KRS Chapter 434 to create definitions and establish a Class D felony offense for "phishing"; create a new section of KRS Chapter 411 to provide a civil cause of action against a person who "phishes," to allow injunctive relief, damages up to the greater of actual damages or $25,000 for each violation, treble damages in certain circumstances, and reasonable attorney's fees and court costs to a prevailing plaintiff, to subject violations to the remedies, powers, and duties of the Consumer Protection Act, and to establish a statute of limitations; amend KRS 365.720 and 365.725 to conform; amend KRS 15.334 to require law enforcement basic training regarding identity theft; amend KRS 411.210 to extend the civil cause of action for victims of certain identity-theft-related crimes to persons whose identity or personal information has been used without consent in the commission of a criminal offense, and to extend the statute of limitations to the later of five years or the date of discovery of the violation or the identity of the perpetrator of the violation; amend KRS 514.160 to provide that the crime of theft of identity applies to use of a live or deceased personís identity, to increase the types of identifying information protected, to avoid criminal prosecution to the prohibited uses of another's identity, and to delete the exclusion of credit or debit card fraud crimes; amend KRS 525.080 to provide that the crime of harassing communications applies whether the perpetrator is using the perpetrator's own or another person's identity and to expand the offense to include harassment through electronic communication; certain sections EFFECTIVE July 1, 2009.

HB 553 - AMENDMENTS


     HCS/LM/CI - Retain original provisions; amend to clarify when businesses are permitted to collect, use, or, release Social Security numbers; amend section requiring businesses to notify an individual of a security breach of personal information to clarify where notice is to be sent and to provide for an exception to the requirement of notification if the business determines after investigation that misuse of the personal information is not reasonably possible.

     HFA (1/FN/LM/P, S. Lee) - Attach provisions of HB 304.

     HFA (2/Title, S. Lee) - Make title amendment.

     HFA (3, S. Lee) - Amend Section 16 of the bill to include within the offense of identity theft the theft of identity to obtain or maintain employment.

     HFA (4, R. Damron) - Retain original provisions, with the following additions: amend the section relating to the crime of theft of identity to prohibit the use of additional identifying information; prohibit using another person's information for the purpose of obtaining employment or engaging in a violation of law; permit prosecution for theft of identity in addition to a forgery offense.

     HFA (5/FN/LM/P, S. Lee) - Attach provisions of HB 304.

     HFA (6, S. Lee) - Amend Section 16 of the bill to include within the offense of identity theft the theft of identity to obtain or maintain employment.

     Feb 15-introduced in House
     Feb 21-to Labor & Industry (H)
     Feb 28-reassigned to Judiciary (H)
     Mar 4-posted in committee
     Mar 7-posting waived
     Mar 12-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 13-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 14, 2008; floor amendments (1) and (3) filed to Committee Substitute, floor amendment (2-title) filed
     Mar 14-floor amendment (4) filed to Committee Substitute
     Mar 17-floor amendments (5) and (6) filed
     Mar 18-3rd reading; floor amendment (1) ruled not germane ; passed 97-0 with Committee Substitute, floor amendment (4)
     Mar 19-received in Senate
     Mar 26-to Judiciary (S)

Vote History
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