SENATE BILL REPORT

                  SSB 6459

              As Passed Senate, February 11, 2000

Title:  An act relating to use of identifying information.

Brief Description:  Prohibiting the use of identifying information to solicit undesired mail.

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators Bauer and Rasmussen).

Brief History:

Committee Activity:  Judiciary:  2/4/2000 [DPS].

Passed Senate, 2/11/2000, 44-0.

SENATE COMMITTEE ON JUDICIARY

Majority Report:  That Substitute Senate Bill No. 6459 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Haugen, Long, Roach, Thibaudeau and Zarelli.

Staff:  Karen Lundahl (786-7421)

Background:  It is possible for a person to cause unwanted magazine subscriptions, merchandise, or other mail to be delivered to another individual with the intent to harass the recipient.  The credit record of the recipient of such undesired mail may be damaged and the victim may have to expend considerable effort to remedy the problems caused.

Summary of Bill:  Use of any identifying information of another person to solicit undesired mail directed to that person becomes a class C felony.  It is clarified that a person guilty of identity theft or solicitation of undesired mail is also liable for civil damages of the greater of actual damages or $500 plus reasonable attorney's fees to be determined by the court.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This type of harassment can be devastating, and currently there is no apparent federal or state recourse.

Testimony Against:  None.

Testified:  Marcine Miles (pro).

House Amendment(s):  A new crime is created making it unlawful to knowingly use identifying information of another person to solicit undesired mail.  The offense is a simple misdemeanor, with a maximum penalty of 90 days incarceration and/or a $1,000 fine.