5566-S AMH CHAB KERR 097

SSB 5566 - H AMD TO SGTA COMM AMD (5566-S AMH SGTA KERR 066) 677

By Representative Chandler

   Beginning on page 1, at the beginning of line 3 of the amendment, strike all material through "section." on page 2, line 6, and insert the following:

   ""Sec. 1. RCW 9.35.001 and 1999 c 368 s 1 are each amended to read as follows:

   The legislature finds that financial information and voter registration information is personal and sensitive information that if unlawfully obtained by others may do significant harm to a person's privacy, financial security, and other interests. The legislature finds that unscrupulous persons find ever more clever ways, including identity theft, to improperly obtain and use financial information and voter registration information. The legislature intends to penalize unscrupulous people for improperly obtaining financial information and voter registration information.

   Sec. 2. RCW 9.35.005 and 2001 c 217 s 1 are each amended to read as follows:

   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

   (1) "Custodian of voter registration information" means any state office or officer charged with maintaining voter registration information records, including but not limited to county auditors and the office of the secretary of state.

   (2) "Financial information" means any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:

   (a) Account numbers and balances;

   (b) Transactional information concerning an account; and

   (c) Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.

   (((2))) (3) "Financial information repository" means a person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.

   (((3))) (4) "Means of identification" means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a social security, driver's license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.

   (((4))) (5) "Person" means a person as defined in RCW 9A.04.110.

   (((5))) (6) "Victim" means a person whose means of identification or financial information has been used or transferred with the intent to commit, or to aid or abet, any unlawful activity.

   (7) "Voter registration information" means any information from voter registration records or files, including but not limited to a voter's name, address, political jurisdiction, gender, date of birth, voting record, date of registration, registration number, signature, and telephone number.

   Sec. 3. RCW 9.35.010 and 2001 c 217 s 8 are each amended to read as follows:

   (1) No person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, financial information from a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association:

   (a) By knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a financial information repository with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the financial information;

   (b) By knowingly making a false, fictitious, or fraudulent statement or representation to a customer of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association with the intent to deceive the customer into releasing financial information or authorizing the release of such information;

   (c) By knowingly providing any document to an officer, employee, or agent of a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association, knowing that the document is forged, counterfeit, lost, or stolen; was fraudulently obtained; or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent to release the financial information.

   (2) Subject to the public disclosure requirements of RCW 29A.08.710 and RCW 29A.08.720, no person may obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, voter registration information from a custodian of voter registration information:

   (a) By knowingly making a false, fictitious, or fraudulent statement or representation to an officer, employee, or agent of a custodian of voter registration information with the intent to deceive the officer, employee, or agent into relying on that statement or representation for purposes of releasing the voter registration information;

   (b) By knowingly providing any document to an officer, employee, or agent of a custodian of voter registration information knowing that the document is forged, counterfeit, lost, or stolen; was fraudulently obtained; or contains a false, fictitious, or fraudulent statement or representation, if the document is provided with the intent to deceive the officer, employee, or agent to release the voter registration information.

   (3)(a) No person may request another person to obtain financial information from a financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association and knows or should have known that the person will obtain or attempt to obtain the information from the financial institution repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association in any manner described in subsection (1) of this section.

   (b) No person may request another person to obtain voter registration information from a custodian of voter registration information who knows or should have known that the other person will obtain or attempt to obtain the information from the custodian of voter registration information in any manner described in subsection (1) of this section.

   (((3))) (4) No provision of this section shall be construed so as to prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, or any action of an agent of the custodian of voter registration information or the financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association when working in conjunction with a law enforcement agency.

   (((4))) (5) This section does not apply to:

   (a) Efforts by the financial information repository to test security procedures or systems of the financial institution repository for maintaining the confidentiality of customer information;

   (b) Investigation of alleged employee misconduct or negligence; or

   (c) Efforts to recover financial or personal information of the financial institution obtained or received by another person in any manner described in subsection (1) or (((2))) (3)(a) of this section.

   (((5))) (6) Violation of this section is a class C felony.

   (((6))) (7) A person who violates this section is liable for five hundred dollars or actual damages, whichever is greater, and reasonable attorneys' fees.

   Sec. 4. RCW 9.35.020 and 2004 c 273 s 2 are each amended to read as follows:

   (1) No person may knowingly obtain, possess, use, or transfer a means of identification ((or)), financial information, or voter registration information of another person, living or dead, with the intent to commit, or to aid or abet, any crime.

   (2) Violation of this section when the accused or an accomplice uses the victim's means of identification ((or)), financial information, or voter registration information and obtains an aggregate total of credit, money, goods, services, or anything else of value in excess of one thousand five hundred dollars in value shall constitute identity theft in the first degree. Identity theft in the first degree is a class B felony punishable according to chapter 9A.20 RCW.

   (3) Violation of this section when the accused or an accomplice uses the victim's means of identification ((or)), financial information, or voter registration information and obtains an aggregate total of credit, money, goods, services, or anything else of value that is less than one thousand five hundred dollars in value, or when no credit, money, goods, services, or anything of value is obtained shall constitute identity theft in the second degree. Identity theft in the second degree is a class C felony punishable according to chapter 9A.20 RCW.

   (4) A person who violates this section is liable for civil damages of one thousand dollars or actual damages, whichever is greater, including costs to repair the victim's credit record, and reasonable attorneys' fees as determined by the court.

   (5) In a proceeding under this section, the crime will be considered to have been committed in any locality where the person whose means of identification ((or)), financial information, or voter registration information was appropriated resides, or in which any part of the offense took place, regardless of whether the defendant was ever actually in that locality.

   (6) The provisions of this section do not apply to any person who obtains another person's driver's license or other form of identification for the sole purpose of misrepresenting his or her age.

   (7) In a proceeding under this section in which a person's means of identification ((or)), financial information, or voter registration information was used without that person's authorization, and when there has been a conviction, the sentencing court may issue such orders as are necessary to correct a public record that contains false information resulting from a violation of this section.

   Sec. 5. RCW 9.35.030 and 2001 c 217 s 10 are each amended to read as follows:

   (1) It is unlawful for any person to knowingly use a means of identification ((or)), financial information, or voter registration information of another person to solicit undesired mail with the intent to annoy, harass, intimidate, torment, or embarrass that person.

   (2) Violation of this section is a misdemeanor.

   (3) Additionally, a person who violates this section is liable for civil damages of five hundred dollars or actual damages, including costs to repair the person's credit record, whichever is greater, and reasonable attorneys' fees as determined by the court.

   Sec. 6. RCW 9.35.040 and 2001 c 217 s 2 are each amended to read as follows:

   (1) A person, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association possessing information relating to an actual or potential violation of this chapter, and who may have entered into a transaction, provided credit, products, goods, or services, accepted payment, or otherwise done business with a person who has used the victim's means of identification, must, upon written request of the victim, provide copies of all relevant application and transaction information related to the transaction being alleged as a potential or actual violation of this chapter. A person or custodian of voter registration information possessing information relating to an actual or potential violation of this chapter, and who may have entered into a transaction or otherwise done business with a person who has used the victim's means of identification, must, upon written request of the victim, provide copies of all relevant application and transaction information related to the transaction being alleged as a potential or actual violation of this chapter. Nothing in this section requires the information provider to disclose information that it is otherwise prohibited from disclosing by law, except that a law that prohibits disclosing a person's information to third parties shall not be used to deny disclosure of such information to the victim under this section.

   (2) Unless the information provider is otherwise willing to verify the victim's identification, the victim shall provide the following as proof of positive identification:

   (a) The showing of a government-issued photo identification card or, if providing proof by mail, a copy of a government-issued photo identification card;

   (b) A copy of a filed police report evidencing the victim's claim; and

   (c) A written statement from the state patrol showing that the state patrol has on file documentation of the victim's identity pursuant to the personal identification procedures in RCW 43.43.760.

   (3) The provider may require compensation for the reasonable cost of providing the information requested.

   (4) No person, custodian of voter registration information, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association may be held liable for an action taken in good faith to provide information regarding potential or actual violations of this chapter to other financial information repositories, financial service providers, merchants, law enforcement authorities, victims, or any persons alleging to be a victim who comply with subsection (2) of this section which evidences the alleged victim's claim for the purpose of identification and prosecution of violators of this chapter, or to assist a victim in recovery of fines, restitution, rehabilitation of the victim's credit, or such other relief as may be appropriate.

   (5) A person, custodian of voter registration information, financial information repository, financial service provider, merchant, corporation, trust, partnership, or unincorporated association may decline to provide information pursuant to this section when, in the exercise of good faith and reasonable judgment, it believes this section does not require disclosure of the information.

   (6) Nothing in this section creates an obligation on the part of a person, custodian of voter registration information, financial information repository, financial services provider, merchant, corporation, trust, partnership, or unincorporated association to retain or maintain information or records that they are not otherwise required to retain or maintain in the ordinary course of its business.

   (7) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. Violations of this section are not reasonable in relation to the development and preservation of business. It is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. The burden of proof in an action alleging a violation of this section shall be by a preponderance of the evidence, and the applicable statute of limitation shall be as set forth in RCW 19.182.120. For purposes of a judgment awarded pursuant to an action by a consumer under chapter 19.86 RCW, the consumer shall be awarded actual damages. However, where there has been willful failure to comply with any requirement imposed under this section, the consumer shall be awarded actual damages, a monetary penalty of one thousand dollars, and the costs of the action together with reasonable attorneys' fees as determined by the court.""

   Correct the title.

EFFECT: Strikes the underlying striking amendment that allows public inspection of voter signature and telephone numbers but not copying. Inserts and amends Chapter 9.35 RCW governing identity crimes and adds voter registration information to the types of protected information. Misuse of voter registration information is a felony, and also subject to prosecution under the Consumer Protection Act. The information remains subject to public disclosure, both inspection and copying, pursuant to RCW 29A.08.710 and 29A.08.720.