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Minnesota Legislature

Office of the Revisor of Statutes

HF 1243

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/27/2018 12:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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5.11

A bill for an act
relating to security freezes; authorizing security freezes for protected persons;
providing exceptions;proposing coding for new law in Minnesota Statutes, chapter
13C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13C.020] PROTECTED PERSONS SECURITY FREEZE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in
paragraphs (b) through (g) have the meanings given.
new text end

new text begin (b) "Protected person" means an individual who is under the age of 16 at the time a
request for the placement of a security freeze is made.
new text end

new text begin (c) "Record" means a compilation of information that:
new text end

new text begin (1) identifies a protected person;
new text end

new text begin (2) is created by a consumer reporting agency solely for the purpose of complying with
this section; and
new text end

new text begin (3) may not be created or used to consider the protected person's credit worthiness, credit
standing, credit capacity, character, general reputation, personal characteristics, or mode of
living for any purpose listed in United States Code, title 15, section 1681(b).
new text end

new text begin (d) "Representative" means a person who provides to a consumer reporting agency
sufficient proof of authority to act on behalf of a protected person.
new text end

new text begin (e) "Security freeze for a protected person" means:
new text end

new text begin (1) if a consumer reporting agency does not have a file pertaining to a protected person,
a restriction that:
new text end

new text begin (i) is placed on the protected person's record in accordance with this section; and
new text end

new text begin (ii) prohibits the consumer reporting agency from releasing the protected person's record
except as provided in this section; or
new text end

new text begin (2) if a consumer reporting agency has a file pertaining to the protected person, a
restriction that:
new text end

new text begin (i) is placed on the protected person's consumer report in accordance with this section;
and
new text end

new text begin (ii) prohibits the consumer reporting agency from releasing the protected person's
consumer report or any information derived from the protected person's consumer report
except as provided in this section.
new text end

new text begin (f) "Sufficient proof of authority" means documentation that shows a representative has
authority to act on behalf of a protected person. Sufficient proof of authority includes:
new text end

new text begin (1) an order issued by a court of law;
new text end

new text begin (2) a lawfully executed and valid power of attorney; and
new text end

new text begin (3) a written, notarized statement signed by a representative that expressly describes the
authority of the representative to act on behalf of a protected person.
new text end

new text begin (g) "Sufficient proof of identification" means information or documentation that identifies
a protected person or a representative of a protected person. Sufficient proof of identification
includes:
new text end

new text begin (1) a Social Security number or a copy of a Social Security card issued by the Social
Security Administration;
new text end

new text begin (2) a certified or official copy of a birth certificate issued by the entity authorized to
issue the birth certificate;
new text end

new text begin (3) a copy of a driver's license, an identification card, or any other government-issued
identification; or
new text end

new text begin (4) a copy of a bill, including a bill for telephone, sewer, septic tank, water, electric, oil,
or natural gas services, that shows a name and home address.
new text end

new text begin Subd. 2. new text end

new text begin Security freeze for protected persons. new text end

new text begin (a) In general:
new text end

new text begin (1) a consumer reporting agency shall place a security freeze for a protected person if:
new text end

new text begin (i) the consumer reporting agency receives a request from the protected person's
representative for the placement of the security freeze under this section; and
new text end

new text begin (ii) the protected person's representative:
new text end

new text begin (A) submits the request to the consumer reporting agency at the address or other point
of contact and in the manner specified by the consumer reporting agency;
new text end

new text begin (B) provides to the consumer reporting agency sufficient proof of identification of the
protected person and the representative;
new text end

new text begin (C) provides to the consumer reporting agency sufficient proof of authority to act on
behalf of the protected person; and
new text end

new text begin (D) pays to the consumer reporting agency a fee as provided in subdivision 8; and
new text end

new text begin (2) if a consumer reporting agency does not have a file pertaining to a protected person
when the consumer reporting agency receives a request under clause (1), the consumer
reporting agency shall create a record for the protected person.
new text end

new text begin Subd. 3. new text end

new text begin Timing. new text end

new text begin Within 30 days after receiving a request, a consumer reporting agency
shall place a security freeze for the protected person.
new text end

new text begin Subd. 4. new text end

new text begin Release of consumer report prohibited. new text end

new text begin Unless a security freeze for a protected
person is removed in accordance with subdivision 6 or 9, a consumer reporting agency may
not release the protected person's consumer report, any information derived from the protected
person's consumer report, or any record created for the protected person.
new text end

new text begin Subd. 5. new text end

new text begin Period of security freeze for a protected person. new text end

new text begin A security freeze for a
protected person placed under subdivision 2 remains in effect until:
new text end

new text begin (1) the protected person or the protected person's representative requests the consumer
reporting agency to remove the security freeze for a protected person in accordance with
subdivision 6; or
new text end

new text begin (2) the security freeze for a protected person is removed in accordance with subdivision
9.
new text end

new text begin Subd. 6. new text end

new text begin Removal of security freeze for a protected person. new text end

new text begin If a protected person or
a protected person's representative wishes to remove a security freeze for a protected person,
the protected person or the protected person's representative shall:
new text end

new text begin (1) submit a request for the removal of the security freeze to the consumer reporting
agency at the address or other point of contact and in the manner specified by the consumer
reporting agency;
new text end

new text begin (2) provide to the consumer reporting agency:
new text end

new text begin (i) in the case of a request by the protected person:
new text end

new text begin (A) proof that the sufficient proof of authority for the protected person's representative
to act on behalf of the protected person is no longer valid; and
new text end

new text begin (B) sufficient proof of identification of the protected person; or
new text end

new text begin (ii) in the case of a request by the representative of a protected person:
new text end

new text begin (A) sufficient proof of identification of the protected person and the representative;
new text end

new text begin (B) sufficient proof of authority to act on behalf of the protected person; and
new text end

new text begin (C) pay to the consumer reporting agency a fee as provided in subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Removal of security freeze; timing. new text end

new text begin Within 30 days after receiving a request
that meets the requirements of subdivision 6, the consumer reporting agency shall remove
the security freeze for the protected person.
new text end

new text begin Subd. 8. new text end

new text begin Fees. new text end

new text begin (a) A consumer reporting agency may charge a reasonable fee, not
exceeding $10, for each placement or removal of a security freeze for a protected person.
new text end

new text begin (b) Notwithstanding paragraph (a), a consumer reporting agency may not charge a fee
under this section if:
new text end

new text begin (1) the protected person's representative:
new text end

new text begin (i) has obtained a report from a law enforcement agency alleging identity fraud against
the protected person; and
new text end

new text begin (ii) provides a copy of the report to the consumer reporting agency; or
new text end

new text begin (2) a request for the placement or removal of a security freeze is for a protected person
who is under the age of 16 at the time of the request; and
new text end

new text begin (3) the consumer reporting agency has a consumer report pertaining to the protected
person.
new text end

new text begin Subd. 9. new text end

new text begin Effect of material misrepresentation of fact. new text end

new text begin A consumer reporting agency
may remove a security freeze for a protected person or delete a record of a protected person
if the security freeze was placed or the record was created based on a material
misrepresentation of fact by the protected person or the protected person's representative.
new text end

new text begin Subd. 10. new text end

new text begin Remedy for violation of section. new text end

new text begin A consumer reporting agency's sole liability
is for actual damages as a result of a violation of this section.
new text end

new text begin Subd. 11. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (1) a person or entity described in section 13C.016, subdivision 6, clause (3), (5), (6),
or (7);
new text end

new text begin (2) a person or entity described in sections 13C.018 to 13C.019; or
new text end

new text begin (3) a person or entity that maintains a database used solely for the following:
new text end

new text begin (i) criminal record information;
new text end

new text begin (ii) personal loss history information;
new text end

new text begin (iii) fraud prevention or detection;
new text end

new text begin (iv) employment screening; or
new text end

new text begin (v) tenant screening.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end