H.B. 168 Enrolled

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 Cosponsors:
7 Patrice M. Arent
8 Susan Duckworth
9 Janice M. Fisher
10 Gage FroererBrad J. Galvez
Stephen G. Handy
Lynn N. Hemingway
Neal B. Hendrickson
Paul RayEvan J. Vickers
Mark A. Wheatley
Larry B. Wiley
Brad R. Wilson 11
12 LONG TITLE
13 General Description:
14 This bill modifies the Utah Workforce Services Code relating to the suspected misuse
15 of personal identifying information.
16 Highlighted Provisions:
17 This bill:
18 . provides definitions;
19 . includes in the definition of "suspected misuse of personal identifying information"
20 reported wages exceeding $1,000 for a single reporting quarter for an individual
21 under the age of 18, rather than the current age of younger than 16; and
22 . authorizes the Department of Workforce Services to notify the owner of personal
23 identifying information or provide information to an appropriate law enforcement
24 agency responsible for investigating an identity fraud violation if an individual
25 younger than 18 years of age or the parent or guardian of the individual has enrolled
26 the individual in the child identity protection plan or is in the process of enrolling
27 the person.
28 Money Appropriated in this Bill:

29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 35A-4-312.5, as enacted by Laws of Utah 2007, Chapter 264
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 35A-4-312.5 is amended to read:
38 35A-4-312.5. Suspected misuse of personal identifying information.
39 (1) As used in this section:
40 (a) "Child identity protection plan" is a program operated by the attorney general that
41 uses IRIS and allows the attorney general to enter into an agreement with a third party to
42 transmit verified personal information of a person younger than 18 years of age through
43 secured means to enable the protection of the person's Social Security number from misuse.
44 (b) "IRIS" means the Identity Theft Reporting Information System operated by the
45 attorney general.
46 [(a)] (c) "Personal identifying information" has the same meaning as defined in Section
47 76-6-1102 .
48 [(b)] (d) "Suspected misuse of personal identifying information" includes:
49 (i) a Social Security number under which wages are being reported by two or more
50 individuals; or
51 (ii) a Social Security number of an individual under the age of [16] 18 with reported
52 wages exceeding $1,000 for a single reporting quarter.
53 (2) Notwithstanding Section 35A-4-312 , if the department records disclose a suspected
54 misuse of personal identifying information by an individual other than the purported owner of
55 the information, or if a parent, guardian, or individual under the age of 18 is enrolling or has
56 enrolled in the child identity protection plan, the department may:

57 (a) inform the purported owner of the information or, if the purported owner is a minor,
58 the minor's parent or guardian, of the suspected misuse; and
59 (b) provide information of the suspected misuse to an appropriate law enforcement
60 agency responsible for investigating an identity fraud violation.