Legislature(2007 - 2008)HOUSE FINANCE 519

02/13/2008 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 325 TEACHERS/HEALTH CARE PROFESS HOUSING LOAN TELECONFERENCED
Moved CSHB 325(FIN) Out of Committee
+ HB 285 MUNI TAX EXEMPTION: COMBAT DEATHS TELECONFERENCED
Moved CSHB 285(CRA) Out of Committee
+= HB 65 PERSONAL INFORMATION & CONSUMER CREDIT TELECONFERENCED
Heard & Held
<Teleconference Listen Only>
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 65                                                                                                             
                                                                                                                                
     "An  Act  relating  to breaches  of  security  involving                                                                   
     personal  information, credit  report  and credit  score                                                                   
     security  freezes,  consumer credit  monitoring,  credit                                                                   
     accuracy,  protection of  social security numbers,  care                                                                   
     of  records,   disposal  of  records,   identity  theft,                                                                   
     furnishing  consumer credit  header information,  credit                                                                   
     cards, and  debit cards, and to the jurisdiction  of the                                                                   
     office  of administrative  hearings;  amending Rule  60,                                                                   
     Alaska Rules  of Civil Procedure;  and providing  for an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Vice-Chair  Stoltze MOVED  to ADOPT  work draft  25-LS0311\L,                                                                   
Bannister, 2/4/08. There being  NO OBJECTION, it was adopted.                                                                   
                                                                                                                                
Representative  Nelson  asked   if  the  Committee  would  be                                                                   
addressing amendments.                                                                                                          
                                                                                                                                
AT EASE:       2:59:09 PM                                                                                                     
RECONVENE:     3:00:14 PM                                                                                                     
                                                                                                                                
3:00:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHN COGHILL,  SPONSOR, provided an  overview                                                                   
of  the  working  sectional for  House  Finance  on  proposed                                                                   
changes to HB 65 (On File).                                                                                                     
                                                                                                                                
     Title:   Insert disclosure  of permanent  fund                                                                             
     dividend  applicant records  on  line 5  after                                                                             
     administrative hearings.                                                                                                   
                                                                                                                                
     Section 1 AS 40.21.110 Care  of records - this                                                                             
     sets out  the ownership of public  records and                                                                             
     how they  are to be  managed from creation  to                                                                             
     disposal.                                                                                                                  
                                                                                                                                
     Section   2  AS  43.23.017   relates  to   the                                                                             
     confidentiality   of   information   on   each                                                                             
     permanent fund dividend application.                                                                                       
                                                                                                                                
     Section  3 AS 43.23.017  allows disclosure  of                                                                             
     the non-confidential applicant  information to                                                                             
     a   business  that   is   licensed  under   AS                                                                             
     43.70.020.                                                                                                                 
                                                                                                                                
     Section   4  AS   44.64.030(a)   adds  a   new                                                                             
     paragraph (35)  AS 45.48.080(c) which  is part                                                                             
     of  the new  Chapter 48  Personal  Information                                                                             
     Protection Act.                                                                                                            
                                                                                                                                
     Section  5 AS 45  is amended  by adding a  new                                                                             
     chapter Personal  Information Protection  Act.                                                                             
     This  new chapter  contains a  total of  seven                                                                             
     (7) Articles with individual sections.                                                                                     
                                                                                                                                
                    Article 1.                                                                                                  
                Breach of Security                                                                                              
           Involving Personal Information                                                                                       
                                                                                                                                
     Sec.   45.48.010  Disclosure   of  breach   of                                                                             
     security                                                                                                                   
     Describes  what a covered  person who owns  or                                                                             
     [uses] licenses  personal information  must do                                                                             
     in case of a breach of information.                                                                                        
     This change  makes it  clear a covered  person                                                                             
     that   owns   or   licenses   information   is                                                                             
     responsible  for disclosure  and  notification                                                                             
     in case of a breach.  Covered  is described in                                                                             
     Sec.   45.48.090   Definitions  -   to   bring                                                                             
     conformity   to   the   meaning    of   person                                                                             
     throughout Article 1.                                                                                                      
                                                                                                                                
     Sec.    45.48.020    Allowable     delay    in                                                                             
     notification                                                                                                               
     Describes  reasons for  delaying  notification                                                                             
     of a breach of information.                                                                                                
                                                                                                                                
     Sec. 45.48.030 Methods of notice                                                                                           
     Describes the  methods to be used to  notify a                                                                             
     person  that  there  has   been  a  breach  of                                                                             
     information.  Lists exceptions  to the methods                                                                             
     of notification  relating  to cost and  number                                                                             
     of consumers to be notified.                                                                                               
                                                                                                                                
     Sec. 45.48.040  Notification of certain  other                                                                             
     agencies                                                                                                                   
     Describes  when  it  is  necessary  to  notify                                                                             
     other  consumer  reporting  agencies  about  a                                                                             
     breach.   There   are  exceptions   to   these                                                                             
     requirements are also set out.                                                                                             
                                                                                                                                
     Sec.  45.48.050  Exception for  employees  and                                                                             
     agents                                                                                                                     
     Lists exceptions  for acquisition of  personal                                                                             
     information  by  an employee  or agent  of  an                                                                             
     information collector.                                                                                                     
                                                                                                                                
     Sec. 45.48.060 Waivers                                                                                                     
     No waivers of these sections are allowed.                                                                                  
                                                                                                                                
     Sec. 45.48.070 Treatment of certain breaches                                                                               
     A  breach  of information  by  an  information                                                                             
     recipient must be reported  to the information                                                                             
     distributor  so  they  can   comply  with  the                                                                             
     notification   requirements   if  the   breach                                                                             
     occurred to  an information system  maintained                                                                             
     by the information distributor.                                                                                            
                                                                                                                                
     Sec. 45.48.080 Violations                                                                                                  
     Sets  out fines for  violations of  45.48.010-                                                                             
     45.48.090 by a governmental  agency that is an                                                                             
     information    collector,   and    information                                                                             
     collectors who are not governmental  agencies.                                                                             
     Defines "governmental agency".                                                                                             
                                                                                                                                
     Sec. 45.48.090 Definitions                                                                                                 
     Defines the following terms:                                                                                               
     (1)breach of the security;                                                                                                 
     (2) ["information collector"]                                                                                              
          is replaced with: "covered person"                                                                                    
          means a                                                                                                               
     (A) person doing business;                                                                                                 
     (B) a governmental agency; or                                                                                              
     (C) a person with more than 10 employees                                                                                   
     This  new subsection  (2)  describes  "covered                                                                             
     person"  and  replaces  information  collector                                                                             
     throughout Article l.                                                                                                      
     (3)  "governmental agency"  means  a state  or                                                                             
     local  governmental  agency,   except  for  an                                                                             
     agency of the judicial branch.                                                                                             
     New definition  because "governmental  agency"                                                                             
     is included  in "covered  person" it needs  to                                                                             
     be defined.                                                                                                                
                                                                                                                                
     (4)   "information collector" means  a covered                                                                             
     person   who   owns   or   licenses   personal                                                                             
     information  in  any  form   if  the  personal                                                                             
     information  includes personal information  on                                                                             
     a state resident.                                                                                                          
     Changes   in   definition    of   "information                                                                             
     collector" include  "covered person" which  is                                                                             
     described in (2) above.                                                                                                    
                                                                                                                                
     New subsection:                                                                                                            
     (7) "personal information"                                                                                                 
     Page   7,  Line   23:  Delete   [address,   or                                                                             
     telephone number] after individuals name.                                                                                  
     Address  and  telephone   number  are  deleted                                                                             
     because this information  is readily available                                                                             
     in public records.                                                                                                         
     Page 7, Line 31 to                                                                                                         
     Page  8, Lines  1 -  7   Add  (iii) except  as                                                                             
     provided  in (iv)  of this  subparagraph,  the                                                                             
     individual's   account  number,  credit   card                                                                             
     number, or debit card number;                                                                                              
     (iv) if an  account can only be  accessed with                                                                             
     a personal  code, the number in (iii)  of this                                                                             
     subparagraph  and the personal  code; in  this                                                                             
     sub-subparagraph,  "personal   code"  means  a                                                                             
     security  code,  an access  code,  a  personal                                                                             
     identification number, or a passwork;                                                                                      
     (v)    passwords,   personal    identification                                                                             
     numbers, or  other access codes for  financial                                                                             
     accounts.                                                                                                                  
     These changes were made to  make it clear what                                                                             
     information  and combinations  of  information                                                                             
     is  considered  personal   information.    The                                                                             
     combination of numbers, codes,  cards, etc. if                                                                             
     breached  would be cause  for notification  to                                                                             
     an  individual.   Adding in  access codes  and                                                                             
     PIN  numbers, tightened  down the  requirement                                                                             
     on     information     breach     notification                                                                             
     requirements.                                                                                                              
                                                                                                                                
                    Article 2.                                                                                                  
                   Credit Report                                                                                                
          and Credit Score Security Freeze                                                                                      
                                                                                                                                
     Sec. 45.48.100 Security freeze authorized                                                                                  
     Rights  of consumers  to  prohibit release  of                                                                             
     their personal information.                                                                                                
                                                                                                                                
     Sec.  45.48.110 Placement  of security  freeze                                                                             
     (a)(1) by [certified] mail                                                                                                 
     Sets out procedures for a  consumer to request                                                                             
     a consumer  credit reporting agency  to freeze                                                                             
     their information.                                                                                                         
     Page  8,  Line  15  Remove   requirement  that                                                                             
     request for freeze be made  by certified mail.                                                                             
                                                                                                                                
     Sec.   45.48.120  Confirmation   of   security                                                                             
     freeze                                                                                                                     
     Describes the  responsibility of the  consumer                                                                             
     credit   reporting   agency  to   notify   the                                                                             
     consumer  when  a  security  freeze  has  been                                                                             
     placed.                                                                                                                    
                                                                                                                                
     Sec.  45.48.130  Access   and  actions  during                                                                             
     security freeze                                                                                                            
     Describes how  a consumer can allow  access to                                                                             
     their  information  by a  third party  when  a                                                                             
     security  freeze is  in place;  timeframe  for                                                                             
     the  consumer   credit  reporting  agency   to                                                                             
     respond,  how   an  insurer  is  to   treat  a                                                                             
     consumer's  application if  a security  freeze                                                                             
     prevents    access    to     the    consumer's                                                                             
     information,  and  what  changes  are  allowed                                                                             
     when  a  security  freeze  is  in  place,  and                                                                             
     notification requirements.   Defines "official                                                                             
     information" and "technical change".                                                                                       
     Page 9,  Line 27, 28  (d) [immediately] to  15                                                                             
     minutes;                                                                                                                   
     Change from  immediately to  15 minutes was  a                                                                             
     more reasonable response time.                                                                                             
                                                                                                                                
     Sec. 45.48.140 Removal of security freeze                                                                                  
     Sets  out procedure  for  removing a  security                                                                             
     freeze, how  the request for the freeze  is to                                                                             
     be  made, how  the consumer  credit  reporting                                                                             
     agency  shall  respond, and  what  identifiers                                                                             
     are necessary to remove the freeze.                                                                                        
     Page 11,  Line 22 (b) [immediately]  to within                                                                             
     three days.                                                                                                                
     Change from  immediately to within three  days                                                                             
     was a more reasonable response time.                                                                                       
                                                                                                                                
     Sec. 45.48.150 Prohibition                                                                                                 
     Sets  out guidelines  for  reporting to  third                                                                             
     parties when a security freeze is in place.                                                                                
                                                                                                                                
     Sec. 45.48.160 Charges                                                                                                     
     Charges  to  a  consumer   regarding  security                                                                             
     freezes.                                                                                                                   
                                                                                                                                
     Sec. 45.48.170 Notice of rights                                                                                            
     Additional   notices  to   be  given  when   a                                                                             
     consumer  is  provided  a  summary  of  rights                                                                             
     under  the Fair Credit  Reporting Act  (FCRA).                                                                             
     Caution  is given that  a security freeze  may                                                                             
     prohibit  the  timely approval  of  subsequent                                                                             
     requests or transactions.                                                                                                  
     Page  13,  [rental  housing,   employment,  an                                                                             
     investment, a license, a digital signature]                                                                                
     Page   14,  Line  17   Internet  credit   card                                                                             
     [transaction]  application,  an  extension  of                                                                             
     credit at  point of sale, and other  items and                                                                             
     services.                                                                                                                  
     Specific items  were deleted because  they are                                                                             
     exceptions  to  a  security  freeze  in  other                                                                             
     sections.   Application  was  substituted  for                                                                             
     transaction  for clarification  that a  freeze                                                                             
     does not  stop a person from making  purchases                                                                             
     with their card.                                                                                                           
     This section also advises  the individual that                                                                             
     there  may be  charges  for lifting  a  freeze                                                                             
     after  the  person  has used  their  two  free                                                                             
     lifts.                                                                                                                     
     Page   14  -  Lines   9  -   11  [Under   some                                                                             
     circumstances]  After the  first two  requests                                                                             
     in  a  year  the  consumer   credit  reporting                                                                             
     agency may  charge you $2 to temporarily  lift                                                                             
     the freeze.   This  change lets an  individual                                                                             
     know  that the  CRA may  charge $2  to lift  a                                                                             
     freeze  after  the  2  free  lifts.    Deleted                                                                             
     "Under some circumstances  to remove ambiguity                                                                             
     of  when the  charges  might be  applied,  but                                                                             
     gives the  CRA some latitude as to  whether or                                                                             
     not they want to charge for  additional lifts.                                                                             
                                                                                                                                
     Sec. 45.48.180 Notification after violation                                                                                
     Describes  the notice required  if a  consumer                                                                             
     credit  reporting agency  violates a  security                                                                             
     freeze. The timeframe to  report the violation                                                                             
     is within five business days after:                                                                                        
     Page  14,  Line  28  insert   discovering  the                                                                             
     release.                                                                                                                   
     Inserted    the    word     discovering    for                                                                             
     clarification   that  a  violation  may   have                                                                             
     occurred  but until  it is  discovered he  CRA                                                                             
     can not be expected to give notice.                                                                                        
                                                                                                                                
     Sec. 45.48.190 Resellers                                                                                                   
     Requires  that  a  consumer  credit  reporting                                                                             
     agency acting  as a reseller honor  a security                                                                             
     freeze  that  is placed  by  another  consumer                                                                             
     reporting agency.                                                                                                          
                                                                                                                                
     Sec. 45.48.200 Violations and penalties                                                                                    
     Describes  the   rights  of  a  consumer   who                                                                             
     suffers  damages as  a result of  a breach  of                                                                             
     their personal information.                                                                                                
     Page  15,  Lines  7  -  10   [actual  damages,                                                                             
     including loss of wages,  and when applicable,                                                                             
     damages for  pain and suffering;] may  recover                                                                             
     actual economic  damages, court costs  allowed                                                                             
     by  the rules  of court,  and full  reasonable                                                                             
     attorney fees.                                                                                                             
     These  changes reflect  the penalties  allowed                                                                             
     throughout  the Act.   The individual has  the                                                                             
     right  to  recover  actual  economic  damages,                                                                             
     court costs and attorney fees.                                                                                             
                                                                                                                                
     Sec. 45.48.210 Exemptions                                                                                                  
     Lists   exemptions  to  the   use  of   credit                                                                             
     information  when  a  security  freeze  is  in                                                                             
     place. The exceptions in                                                                                                   
     Page 16, Line 26 (b) do not  apply to a person                                                                             
     [who acts]  when acting only as a  reseller of                                                                             
     consumer information.                                                                                                      
     A  person may  wear many  "information"  hats.                                                                             
     This change makes it clear  that exemptions do                                                                             
     not  apply  when  a  person  is  acting  as  a                                                                             
     reseller, which is narrower than who acts.                                                                                 
                                                                                                                                
     Sec. 45.48.290 Definitions                                                                                                 
     Defines the following terms:   account review;                                                                             
     consumer;  consumer credit  reporting  agency;                                                                             
     reseller  of  consumer  information;  security                                                                             
     freeze; third party.                                                                                                       
                                                                                                                                
                    Article 3.                                                                                                  
       Protection of Social Security Number                                                                                     
                                                                                                                                
     Sec. 45.48.400 Use of social security number                                                                               
     Sets  out guidelines for  handling a  person's                                                                             
     social security number.                                                                                                    
                                                                                                                                
     Sec. 45.48.410 Request and collection                                                                                      
     Sets  out  prohibitions   and  exemptions  for                                                                             
     requesting   or  collecting  an   individual's                                                                             
     social security number.                                                                                                    
     (b)(1) if  the person is expressly  authorized                                                                             
     by local,  state, or federal law,  including a                                                                             
     regulation  adopted  under  AS  45.48.470,  to                                                                             
     demand proof of the individual's social                                                                                    
     Security number, to                                                                                                        
     Page  18,  Line  26  request  or  collect  the                                                                             
     individual's social security number                                                                                        
     (5)  if the  request or  collection  is for  a                                                                             
     background  check   on  the  individual,   law                                                                             
     enforcement                                                                                                                
     Page 19, Line 12 or other  government purposes                                                                             
     or the individual's                                                                                                        
     (6) if the                                                                                                                 
     Page  19,  Line  14  [disclosure]  request  or                                                                             
     collection does not have  independent economic                                                                             
     value,                                                                                                                     
     The   changes   shown  above   protect   those                                                                             
     individuals  required  to   collect  a  social                                                                             
     security  number.   Disclosure  is deleted  as                                                                             
     this  section is not  dealing with  disclosure                                                                             
     of SSN.                                                                                                                    
                                                                                                                                
     Sec.  45.48.420 Sale, lease,  loan, trade,  or                                                                             
     rental                                                                                                                     
     Prohibitions  and exemptions  regarding  third                                                                             
     party use of social security numbers.                                                                                      
     Page  19, Lines 27  - 29  (c) Nothing in  this                                                                             
     section prevents a business  from transferring                                                                             
     social security  numbers to another  person if                                                                             
     the  transfer is  part of  the  sale or  other                                                                             
     transfer of the business  to the other person.                                                                             
     This  new   subsection  allows  the   sale  or                                                                             
     transfer of a business that  owns or possesses                                                                             
     social security numbers.                                                                                                   
                                                                                                                                
     Sec. 45.48.430 Disclosure                                                                                                  
     Prohibitions    and    exemptions    regarding                                                                             
     disclosure  of  social  security   numbers  to                                                                             
     third parties.                                                                                                             
     (b)(5)  the  disclosure is  for  a  background                                                                             
     check on the individual, law enforcement                                                                                   
     Page 20, Line 21 or other  government purposes                                                                             
     or  the  individual's  employment,   including                                                                             
     employment benefits.                                                                                                       
     Or   other   government    is   included   for                                                                             
     consistency   with  Sec.  45.48.410  and   for                                                                             
     protection   when   performing   duties   that                                                                             
     include disclosure.                                                                                                        
                                                                                                                                
     Sec. 45.48.440 Interagency disclosure                                                                                      
     Describes  when  and  to  whom  disclosure  is                                                                             
     authorized.                                                                                                                
                                                                                                                                
     Sec.   45.48.450  Exception   for   employees,                                                                             
     agents, & independent contractors                                                                                          
     Describes  when  and  to  whom  disclosure  is                                                                             
     authorized.                                                                                                                
                                                                                                                                
     Sec. 45.48.460 Employment-related exception                                                                                
     Describes  when  use  of   a  social  security                                                                             
     number should not be restricted.                                                                                           
                                                                                                                                
     Sec. 45.48.470 Agency regulations                                                                                          
     Procedures for adopting regulations  necessary                                                                             
     for a state  agency to carry out  their duties                                                                             
     and responsibilities.                                                                                                      
                                                                                                                                
     Sec. 45.48.480 Penalties                                                                                                   
     Rights  of the state  and individuals  against                                                                             
     persons that knowingly violate  these sections                                                                             
     and  what damages  and  attorney fees  may  be                                                                             
     recovered.     For   consistence  with   other                                                                             
     sections that deal with penalties - insert                                                                                 
     Page 22, Line 4 economic after actual.                                                                                     
                                                                                                                                
                    Article 4.                                                                                                  
                Disposal of Records                                                                                             
                                                                                                                                
     Sec. 45.48.500 Disposal of records                                                                                         
     This  sets out  the  measures to  be  followed                                                                             
     when  disposing   of  records  which   contain                                                                             
     personal information.                                                                                                      
                                                                                                                                
     Sec. 45.48.510 Measures to protect access.                                                                                 
     Describes  the measures that  may be taken  to                                                                             
     comply with Sec. 45.48.500 (above).                                                                                        
                                                                                                                                
     Sec. 45.48.520 Due diligence                                                                                               
     Lists  procedures that if  performed show  due                                                                             
     diligence.                                                                                                                 
                                                                                                                                
     Sec. 45.48.530 Policy and procedures                                                                                       
     A business or governmental  agency shall adopt                                                                             
     written  policies and  procedures relating  to                                                                             
     records disposal.                                                                                                          
                                                                                                                                
     Sec. 45.48.540 Exemptions                                                                                                  
     Compliance to  these sections is not  required                                                                             
     if  a   government  agency   or  business   is                                                                             
     required  by federal  law  to act  in  another                                                                             
     way,  or the  business is  subject  to and  in                                                                             
     compliance with GLBA, or FCRA.                                                                                             
                                                                                                                                
     Sec. 45.48.550 Civil penalty                                                                                               
     Liability  to  the  state  by  an  individual,                                                                             
     business,    or   governmental   agency    for                                                                             
     violations of these sections.                                                                                              
                                                                                                                                
     Sec. 45.48.560 Court action                                                                                                
     Page 24,  Lines 1 - 4 actual economic  damages                                                                             
     court  costs allowed  by the  rules of  court,                                                                             
     and full reasonable attorney fees.                                                                                         
     These  changes   are  made  to  this   section                                                                             
     consistent  with court  actions and  penalties                                                                             
     throughout the Act.                                                                                                        
                                                                                                                                
     Sec. 45.48.590 Definitions                                                                                                 
     Defines   the   following   terms:   business;                                                                             
     conducts    business;   possesses;    dispose;                                                                             
     governmental  agency;  personal   information;                                                                             
     records.                                                                                                                   
     (4) "personal information" means                                                                                           
     Page  25, Line  2  (B)(i) name,  [address,  or                                                                             
     telephone number] and.                                                                                                     
     This  change  will  make   the  definition  of                                                                             
     "personal information" consistent  by removing                                                                             
     address and telephone number.                                                                                              
                                                                                                                                
                    Article 5.                                                                                                  
         Factual Declaration of Innocence                                                                                       
               after Identify Theft,                                                                                            
            Right to file Police Report                                                                                         
             Regarding Identity Theft                                                                                           
                                                                                                                                
     Sec.   45.48.600   Factual    declaration   of                                                                             
     innocence after identity theft                                                                                             
     Describes the conditions  that should exist in                                                                             
     order  for  an  individual   to  petition  the                                                                             
     superior   court   for  a   determination   of                                                                             
     innocence  of a crime  involving the theft  of                                                                             
     their identity.                                                                                                            
                                                                                                                                
     Sec. 45.48.610 Basis for determination                                                                                     
     Lists  the type  of  information that  may  be                                                                             
     made part of the record for  the court to make                                                                             
     a determination of factual innocence.                                                                                      
                                                                                                                                
     Sec.  45.48.620  Criteria  for  determination;                                                                             
     court order                                                                                                                
     Sets the  criteria that the  court may use  to                                                                             
     determine a victim's factual innocence.                                                                                    
                                                                                                                                
     Sec. 45.48.630 Orders regarding records                                                                                    
     Describes what  the court may order  regarding                                                                             
     the   disposition    of   incorrect    records                                                                             
     regarding a victim of identity theft.                                                                                      
                                                                                                                                
     Sec. 45.48.640 Vacation of determination                                                                                   
     States that  a court order  may be vacated  if                                                                             
     there  has  been a  misrepresentation  of  the                                                                             
     material.                                                                                                                  
                                                                                                                                
     Sec. 45.48.650 Court form                                                                                                  
     Development  of  a  form   to  be  used  under                                                                             
     45.48.620                                                                                                                  
                                                                                                                                
     Sec. 45.48.660 Data base                                                                                                   
     This  section  allows  the  establishment  and                                                                             
     maintenance  of  a  data base  of  victims  of                                                                             
     identity theft,  and who has authorization  to                                                                             
     the information.                                                                                                           
                                                                                                                                
     Sec. 45.48.670 Toll-free telephone number                                                                                  
     Establishes a  toll-free number that  accesses                                                                             
     the information  in the data base  established                                                                             
     in 45.48.660.                                                                                                              
                                                                                                                                
     Sec.  45.48.680 Right  to  file police  report                                                                             
     regarding identity theft                                                                                                   
     Sets  out rights  of an individual  to file  a                                                                             
     police  report  if  they suspect  they  are  a                                                                             
     victim    of   identity    theft,   and    the                                                                             
     responsibility of a law enforcement  agency to                                                                             
     make  the  report even  if  they do  not  have                                                                             
     jurisdiction.                                                                                                              
                                                                                                                                
     Sec. 45.48.690 Definitions                                                                                                 
     Defines    the   following    terms:    crime,                                                                             
     department,  identity theft, perpetrator,  and                                                                             
     victim.                                                                                                                    
                                                                                                                                
                    Article 6.                                                                                                  
          Truncation of Card Information                                                                                        
                                                                                                                                
     Sec. 45.48.750 Truncation  of card information                                                                             
     Describes limits  on a business regarding  the                                                                             
     printing of  credit or debit card  numbers and                                                                             
     the  exceptions   depending  on  whether   the                                                                             
     receipt  is  produced  electronically   or  is                                                                             
     handwritten  or imprinted.    Sale of  devices                                                                             
     that print  more than the last four  digits on                                                                             
     a consumer receipt for a  credit or debit card                                                                             
     transaction  is not  allowed.   Also sets  out                                                                             
     civil action that an individual  can take, and                                                                             
     civil  penalty   to  the   state.    It   also                                                                             
     describes  credit,  credit card,  debit  card,                                                                             
     and knowingly.                                                                                                             
     Page 28,  Line 1  may recover actual  economic                                                                             
     damages, [or $5,000, which ever is greater]                                                                                
     These  changes keep the  civil action  damages                                                                             
     consistent throughout the Act.                                                                                             
                                                                                                                                
                    Article 7.                                                                                                  
                General Provisions                                                                                              
                                                                                                                                
     Sec. 45.48.990 Definitions                                                                                                 
     Provides definitions of terms.                                                                                             
                                                                                                                                
     Sec. 45.48.995 Short Title                                                                                                 
     Alaska Personal Information Protection Act.                                                                                
                                                                                                                                
     Page  29,  Line  17 deleted  AS  45.48.750  is                                                                             
     amended by adding a new subsection (f).                                                                                    
     This  subsection  was included  in  Article  6                                                                             
     Truncation  of  Card Information  -  Page  27,                                                                             
     Lines 28-30, subsection (c).                                                                                               
                                                                                                                                
     New Section 6                                                                                                              
     Page  29, Lines  17 -  24  AS 45.50.471(b)  is                                                                             
     amended  by adding  a new  paragraph (53)  (A)                                                                             
     and (B).                                                                                                                   
                                                                                                                                
     Section 7  The uncodified law of the  State of                                                                             
     Alaska is  amended by adding a new  section to                                                                             
     read:                                                                                                                      
                                                                                                                                
     INDIRECT COURT RULE AMENDMENTS                                                                                             
     (a)  AS 45.48.640 changes  Rule 60(b) Rules of                                                                             
        Civil Procedure effecting AS 45.48.640.                                                                                 
     (b) AS 45.48.640(b) changes Rule 82, Rules                                                                                 
        of Civil Procedure effecting                                                                                            
     AS 45.48.480(b).                                                                                                           
                                                                                                                                
     NEW SECTION:                                                                                                               
     Section 8 - TRANSITION: REGULATIONS.   A state                                                                             
     agency  may   proceed  to  adopt   regulations                                                                             
     necessary   to  implement   this  Act.     The                                                                             
     regulations   take  effect   under  AS   44.62                                                                             
     (Administrative   Procedure   Act),  but   not                                                                             
     before   the  effective   date   of  the   law                                                                             
     implemented by the regulation.                                                                                             
                                                                                                                                
     Section 9  AS 45.48.470 enacted  by Sec.  5 of                                                                             
     this  Act; takes effect  immediately under  AS                                                                             
     01.10.070(c).                                                                                                              
                                                                                                                                
     Section 10 Section 8 of this  Act takes effect                                                                             
     immediately under AS 01.10.070(c).                                                                                         
                                                                                                                                
     Section 11 Except as provided  by secs. 9 - 10                                                                             
     of this Act, this Act takes  effect January 1,                                                                             
     2009.                                                                                                                      
                                                                                                                                
3:19:22 PM                                                                                                                    
                                                                                                                                
Representative  Coghill noted  that the  bill's sponsors  had                                                                   
worked   with   State  agencies   regarding   penalties   and                                                                   
provisions,  and have  strongly  encouraged  the agencies  to                                                                   
protect information.   He  acknowledged that many  procedures                                                                   
have already changed.                                                                                                           
                                                                                                                                
3:22:30 PM                                                                                                                    
                                                                                                                                
Co-Chair Meyer  said there were  amendments to the  bill that                                                                   
would be  proposed.  He asked  if there were  questions based                                                                   
on the changes proposed in the working sectional.                                                                               
                                                                                                                                
Representative  Hawker   commented  that  a  number   of  his                                                                   
previous  concerns  had  been  addressed.    He  wondered  if                                                                   
consensus had been reached regarding the whole.                                                                                 
                                                                                                                                
3:23:48 PM                                                                                                                    
                                                                                                                                
Representative Coghill  thought that aside from  policy calls                                                                   
that  he  could  not  agree  with,  most  concerns  had  been                                                                   
addressed.  He  pointed out  that  the  bill proposes  a  SSN                                                                   
protection  scheme  that  is probably  the  toughest  in  the                                                                   
nation and he thought there would  be some opposition. As far                                                                   
as the freeze goes, the bill is  well within national limits.                                                                   
Truncation  is  less of  an  issue.  He  listed some  of  the                                                                   
problems insurance  companies and  doctors had with  the bill                                                                   
and  added that  those problems  are  connected with  billing                                                                   
issues and not identification purposes.                                                                                         
                                                                                                                                
Representative  Hawker  wondered   if  all  of  his  concerns                                                                   
related to notification by email had been addressed.                                                                            
                                                                                                                                
3:26:30 PM                                                                                                                    
                                                                                                                                
Representative  Coghill responded  that the sponsors  thought                                                                   
mail  would be  the  best form  of notification.  He  thought                                                                   
there might be  some discussion about whether  the protection                                                                   
requirement  should  apply  to   both  paper  and  electronic                                                                   
records.                                                                                                                        
                                                                                                                                
Representative   Gara  said   the  issue   of  the   form  of                                                                   
notification  is addressed by  the bill.  When a company  has                                                                   
personal financial  information  that is accidently  released                                                                   
to  the  public,  if  a  very  large  number  of  people  are                                                                   
affected, the company  can notify by email. If  the number of                                                                   
people affected is a smaller number,  the company has to send                                                                   
a letter.                                                                                                                       
                                                                                                                                
Representative  Hawker  said  he  was  comfortable  with  the                                                                   
approach.                                                                                                                       
                                                                                                                                
3:29:08 PM                                                                                                                    
                                                                                                                                
HB  65   was  heard  and   HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                

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