Rep. JoAnn D. Osmond
Filed: 3/27/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2770




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    AMENDMENT NO. ______. Amend House Bill 2770 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the 
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Foster Child Identification Theft Protection Act.
 
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    Section 5. Findings. The General Assembly finds as follows:
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        (1) A mother of a child in foster care, or another 
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    person, may apply for a social security number for such a 
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    child and then unlawfully sell that social security number 
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    to a third person to enable that third person to use the 
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    child's social security number for unauthorized purposes.
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        (2) A buyer of a foster child's social security number 
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    may use that number to open credit accounts and make 
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    purchases in the child's name. Typically, the child does 
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    not discover that activity until he or she leaves the 
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    foster care system and tries to apply for a student loan, 
 


 






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    buy a car, rent an apartment, or take another action that 
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    is unsuccessful because of a bad credit report resulting 
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    from the theft of the child's identity and unauthorized use 
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    of the child's social security number.
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        (3) The credit reporting system places the burden on 
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    the victim of identity theft to resolve the problem.
 
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    Section 10. Definitions. In this Act:
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    "Credit reporting agency" means any person that, for 
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monetary fees or dues
or on a
cooperative nonprofit basis, 
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regularly engages in whole or in part in the
practice
of 
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assembling or evaluating consumer credit-related information 
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or other information on
consumers for the purpose of furnishing 
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credit reports to third parties.
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    "Credit report" means any written, oral, or other 
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communication of
information by a
credit reporting agency 
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bearing on a consumer's credit worthiness, credit
standing, or 
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credit capacity.
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    "Department" means the Department of Children and Family 
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Services.
 
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    Section 15. Credit reports for children in foster care. 
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    (a) Every caseworker employed by the Department shall 
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annually request from a credit reporting agency a credit report 
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on each child who is in foster care and assigned to the 
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caseworker as a client.
 


 






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    (b) If a credit report requested under subsection (a) 
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indicates unauthorized credit-related activity in the child's 
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name based on use of the child's social security number, the 
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caseworker shall promptly notify the credit reporting agency 
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from whom the caseworker received the credit report. The 
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caseworker shall inform the credit reporting agency of the 
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child's age and inability to engage in credit-related activity 
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and shall request that the credit reporting agency correct the 
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child's credit record to expunge all references to the 
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unauthorized credit-related activity or take other action that 
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will expressly and clearly indicate that the activity was 
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unauthorized.
 
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    Section 20. Report to State's Attorney. If a credit report 
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reveals unauthorized credit-related activity in a child's 
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name, the caseworker shall report the matter to the State's 
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Attorney.
 
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    Section 25. Forms. The Department shall develop standard 
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forms for use by caseworkers to request a credit report on 
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behalf of a child in foster care, to respond to a credit 
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reporting agency on behalf of a child if a credit report 
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indicates unauthorized credit-related activity in the child's 
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name, and to report unauthorized credit-related activity in a 
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child's name to the State's Attorney.".