H.B. 168

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 11, 2011 at 10:41 AM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Wed, Mar 2, 2011 at 4:54 PM by jeyring. --> 1

CHILD IDENTITY THEFT PROTECTION AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Eric K. Hutchings
5 Senate Sponsor: Karen Mayne
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Workforce Services Code relating to the suspected misuse
10 of personal identifying information.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . includes in the definition of "suspected misuse of personal identifying information"
15 reported wages exceeding $1,000 for a single reporting quarter for an individual
16 under the age of 18, rather than the current age of younger than 16; and
17 . authorizes the Department of Workforce Services to notify the owner of personal
18 identifying information or provide information to an appropriate law enforcement
19 agency responsible for investigating an identity fraud violation if an individual
20 younger than 18 years of age or the parent or guardian of the individual has enrolled
21 the individual in the child identity H. [ theft ] .H protection plan or is in the process of
22 enrolling the person.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:

28 AMENDS:
29 35A-4-312.5, as enacted by Laws of Utah 2007, Chapter 264
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 35A-4-312.5 is amended to read:
33 35A-4-312.5. Suspected misuse of personal identifying information.
34 (1) As used in this section:
35 (a) "Child identity protection plan" is a program operated by the attorney general that
36 uses IRIS and allows the attorney general to H. enter into an agreement with a third
36a party to .H transmit verified personal information of a person
37 younger than 18 years of age through secured means H. [ to a credit bureau or other
37a third party ] .H to
38 enable the protection of the person's Social Security number from misuse.
39 (b) "IRIS" means the Identity Theft Reporting Information System operated by the
40 attorney general.
41 [(a)] (c) "Personal identifying information" has the same meaning as defined in Section
42 76-6-1102 .
43 [(b)] (d) "Suspected misuse of personal identifying information" includes:
44 (i) a Social Security number under which wages are being reported by two or more
45 individuals; or
46 (ii) a Social Security number of an individual under the age of [16] 18 with reported
47 wages exceeding $1,000 for a single reporting quarter.
48 (2) Notwithstanding Section 35A-4-312 , if the department records disclose a suspected
49 misuse of personal identifying information by an individual other than the purported owner of
50 the information, or if a parent, guardian, or individual under the age of 18 is enrolling or has
51 enrolled in the child identity H. [ theft ] .H protection plan, the department may:
52 (a) inform the purported owner of the information or, if the purported owner is a minor,
53 the minor's parent or guardian, of the suspected misuse; and
54 (b) provide information of the suspected misuse to an appropriate law enforcement
55 agency responsible for investigating an identity fraud violation.

Legislative Review Note
as of 2-1-11 4:03 PM

Office of Legislative Research and General Counsel