HB5137 96TH GENERAL ASSEMBLY

LRB096 18350 KTG 33727 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5137

Introduced 1/29/2010, by Rep. JoAnn D. Osmond

SYNOPSIS AS INTRODUCED:

New Act

Creates the Foster Child Identification Theft Protection Act. Provides that every Department of Children and Family Services caseworker shall annually request from a credit reporting agency a credit report on each child who is in foster care and assigned to the caseworker as a client. Provides that if a credit report indicates unauthorized credit-related activity in a child's name, the caseworker shall notify the credit reporting agency and request that the agency correct the child's credit record to expunge all references to the unauthorized credit-related activity or take other action that will expressly and clearly indicate that the activity was unauthorized. Provides that a caseworker shall also report such unauthorized credit-related activity to the State's Attorney. Requires the Department of Children and Family Services to develop standard forms for use by caseworkers in connection with these provisions.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Foster Child Identification Theft Protection Act.

Section 5. Findings. The General Assembly finds as follows:

(1) A mother of a child in foster care, or another person, may apply for a social security number for such a child and then unlawfully sell that social security number to a third person to enable that third person to use the child's social security number for unauthorized purposes.

(2) A buyer of a foster child's social security number may use that number to open credit accounts and make purchases in the child's name. Typically, the child does not discover that activity until he or she leaves the foster care system and tries to apply for a student loan, buy a car, rent an apartment, or take another action that is unsuccessful because of a bad credit report resulting from the theft of the child's identity and unauthorized use of the child's social security number.

(3) The credit reporting system places the burden on the victim of identity theft to resolve the problem.

Section 10. Definitions. In this Act:

"Credit reporting agency" means any person that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit-related information or other information on consumers for the purpose of furnishing credit reports to third parties.

"Credit report" means any written, oral, or other communication of information by a credit reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity.

"Department" means the Department of Children and Family Services.

Section 15. Credit reports for children in foster care.

(a) Every caseworker employed by the Department shall annually request from a credit reporting agency a credit report on each child who is in foster care and assigned to the caseworker as a client.

(b) If a credit report requested under subsection (a) indicates unauthorized credit-related activity in the child's name based on use of the child's social security number, the caseworker shall promptly notify the credit reporting agency from whom the caseworker received the credit report. The caseworker shall inform the credit reporting agency of the child's age and inability to engage in credit-related activity and shall request that the credit reporting agency correct the child's credit record to expunge all references to the unauthorized credit-related activity or take other action that will expressly and clearly indicate that the activity was unauthorized.

Section 20. Report to State's Attorney. If a credit report reveals unauthorized credit-related activity in a child's name, the caseworker shall report the matter to the State's Attorney.

Section 25. Forms. The Department shall develop standard forms for use by caseworkers to request a credit report on behalf of a child in foster care, to respond to a credit reporting agency on behalf of a child if a credit report indicates unauthorized credit-related activity in the child's name, and to report unauthorized credit-related activity in a child's name to the State's Attorney.