2008 House Bill 6103

Mandate database transfer disclosures

Introduced in the House

May 8, 2008

Introduced by Rep. Bert Johnson (D-5)

To require that a financial institution that sells or transfers information from a database containing personal identifying information on multiple individuals must send a notice to those in the database describing what information is being transferred, the reason, who’s getting it, and includes a telephone number or other contact information where a any errors in the information can be corrected of the individual can request removal from the database. The bill specifies the form of the notice, including by mail, or by phone or email under certain conditions. Failure to meet this mandate would be subject to a civil fine of $250 for each individual whose information is transferred, up to an maximum of $750,000.

Referred to the Committee on Judiciary

June 18, 2008

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 24, 2008

Substitute offered

To replace the previous version of the bill with one that would authorize civil fines for failing to meet the mandate proposed by House Bill 6102.

The substitute passed by voice vote

Amendment offered by Rep. Paul Condino (D-35)

To increase the proposed penalty from $250 to $10,000.

The amendment passed by voice vote

Passed in the House 66 to 41 (details)

To authorize a $10,000 civil fine for the failure of a financial institution or agency that makes consumer loans to establish “reasonable policies and procedures” for detecting, preventing, and mitigating identity theft.

Received in the Senate

June 26, 2008

Referred to the Committee on Judiciary