H_SA_2018A 02/07/2018 01:34:48 PM Committee Summary

Representative Duran and Representative Lawrence, co-prime bill sponsors, presented House Bill 18-1233.  The bill amends the Colorado Consumer Reporting Act to require a consumer reporting agency to place a security freeze on the report for an individual under 16 years of age or a ward of a guardian (protected consumer) upon request of the parent or guardian (representative), free of charge.  If the reporting agency does not have a report on the protected consumer at the time of the request, the agency is required to create one.  A representative can request that the security freeze be temporarily lifted, lifted for a specific third party, or permanently removed.  A protected consumer may have the freeze lifted when he or she turns 16 years of age.  Reporting agencies are required to include a notice of the rights added by the bill when periodically providing a summary of rights to consumers as required under state or federal law.  If a reporting agency violates a security freeze, it is required to notify the protected consumer's representative, or the protected consumer, within five days of discovering the release of information.

Representative Ransom made comments to the committee regarding House Bill 18-1233.  She answered questions from the committee.

Jennifer Berman, Office of Legislative Legal Services, answered questions from the committee. The committee discussed potential amendments to the bill.

Daniel "Marty" Esquibel, representing himself, testified in support of the bill. Mr. Esquibel answered questions from the committee.

James Brejcha, representing himself, testified in support of the bill.

Jessica Duke, representing herself, testified in support of the bill.

Eric Ellman, Consumer Data Industry Association, testified in support of the bill. Mr. Ellman answered questions from the committee.

Danny Katz, Colorado Public Interest Research Group, testified in support of the bill. Mr. Katz answered questions from the committee.

Rich Jones, The Bell Policy Center, testified in support of the bill.  He provided a handout to the committee [Attachment A].

The committee discussed the bill with Speaker Duran.

Speaker Duran explained amendment L.001 [Attachment B].

Representative Leonard explained amendment L002 [Attachment C]. The committee discussed amendment L.002. Speaker Duran and Representative Ransom made comments to the committee regarding amendment L.002.

Ms. Berman answered questions from the committee about amendment L.002. Speaker Duran and Representative Lawrence made comments to the committee. Committee discussion about amendment L.002 ensued.

Representative Lawrence, Speaker Duran, and Representative Ransom made concluding remarks about the bill. Committee members made comments about the bill.

Speaker Duran and Representative Ransom, co-prime bill sponsors, presented House Bill 18-1090.  The bill amends the Colorado Consumer Reporting Act to require a consumer reporting agency that has a file on an individual under 18 years of age to automatically place a security freeze on the individual's file, free of charge, and unfreeze the file when the individual turns 18 years of age unless the individual or a parent or a legal guardian requires the freeze to remain in place.  It also allows a parent or guardian to request a security freeze, temporarily lift, or permanently remove a security freeze on a child or legal ward.  Reporting agencies are required to include a notice of the rights added by the bill when periodically providing a summary of rights to consumers as required under state or federal law.

Speaker Duran requested that the committee indefinitely postpone House Bill 18-1090.

Representative Lawrence, bill sponsor, presented House Bill 18-1129.  The bill amends the Colorado Consumer Reporting Act to require a consumer reporting agency to place a security freeze on the report for an individual under 17 years of age or represented by a guardian (protected consumer) upon request of the parent or guardian, free of charge.  If the reporting agency does not have a report on the protected consumer at the time of the request, the agency is required to create one.  A parent or guardian can request that the security freeze be temporarily lifted, lifted for a specific third party, or permanently removed.  A protected consumer may have the freeze lifted when he or she turns 17 years of age.  If a reporting agency violates a security freeze, it is required to notify the protected consumer's parent, or guardian, or the protected consumer, within five days of discovering the release of information.

Representative Lawrence requested that the committee indefinitely postpone House Bill 18-1129.

Representative Williams, bill sponsor, presented House Bill 18-1063.  The bill amends the Colorado Consumer Reporting Act to allow a consumer to require a consumer reporting agency to obtain his or her consent prior to providing a report to a third party.  The reporting agency must provide written notice of the consumer's right to require this consent.  The bill also requires reporting agencies to develop procedures for a consumer to obtain his or her files after a security breach.  This includes procedures for the consumer to request that the reporting agency, free of charge:

    •    turn over the consumer's file;

    •    purge the consumer's information from its records; and

    •    no longer record or retain any information related to the consumer.

These procedures apply to security breaches occurring on or after January 1, 2017, and exclude publicly available information.  Consumer reporting agencies may develop procedures for responding to third-party requests for information related to a consumer whose data can no longer be stored by the agency.

Eric Ellman, Colorado Data Industry Association, testified in opposition to the bill.

Tracy Vrchota, Accurate Background, testified in opposition to the bill.

Shawn Brunner, Factual Data, testified in opposition to the bill.

Mr. Ellman, Ms. Vrchota, and Ms. Brunner answered questions from the committee.

Danny Katz, Colorado Public Interest Research Group, testified in a neutral capacity.

Alonzo Martinez, National Association of Professional Background Screeners and HireRight, testified in opposition to the bill.

David Foy, RELX Group and LexisNexis, testified in opposition to the bill.

Mr. Martinez answered questions from the committee.

Melanie Layton, Colorado Bankers Association, testified in opposition to the bill.

After discussion with Representative Williams, Representative Foote laid the bill over for action only to a future committee meeting.

Representative Van Winkle, bill sponsor, presented House Bill 18-1056.  The bill concerns the statewide standard health history form that members of the Fire and Police Pension Association complete when commencing employment.  The committee heard testimony on the bill on January 18, 2018.

Representative Weismann discussed amendment L.006 [Attachment D].

Representative Van Winkle made concluding remarks about the bill.

Committee members made comments about the bill.