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McKenna’s ID Theft, Open
Government, Public Safety and Consumer Protection Legislation Moves
Past First Cut-Off
As the first legislative
committee cut-off passes, all of Attorney General Rob McKenna’s
legislative priorities continue to move through the process.
Highlights:
ü
Identity theft credit freeze:
McKenna held a news conference in early
February announcing support for any legislation that allows all
consumers to freeze access to their credit reports to prevent
identity theft and to “thaw” the frozen access within 15 minutes to
make retail purchases or for other reasons.
o
SB 5826
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5826-S.pdf>
, allowing a credit freeze for all
consumers with a 15-minute thaw provision,
has passed the Senate Financial
Institutions Committee.
“Washington residents must be able to
protect themselves from the snowballing threat of identity theft,”
McKenna said when announcing his support for credit freeze laws.
“This legislation arms consumers with a crucial defense tool – the
ability to block access to their credit reports, thereby preventing
crooks from opening new accounts in another person’s name. At the
same time, this law gives consumers the option to allow temporary,
restricted access to their credit files for the purpose of buying a
car, obtaining a mortgage, or applying for a new credit card.”
ü
Open Government:
McKenna requested three bills in both the House
and the Senate promoting open government and access to public
records:
o
SB 5435
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5435-S.pdf>
,
creating a “Sunshine Committee” to review
public records exemptions, has passed the Senate.
o
HB 1445
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/1445-S.pdf>
,
making clean-up changes to the public
records act, has passed the House of Representatives and the Senate
companion bill,
SB 5437,
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5437-S.pdf>
has passed the Senate Government
Operations & Elections Committee.
o
HB 1446
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/1446.pdf>
,
clarifying the statute of limitations for
lawsuits alleging a violation of the PDA, passed the House of
Representatives and the Senate companion bill,
SB 5436
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5436.pdf>
,
passed the Senate Committee on Government
Operations & Elections.
“The whole purpose of open government is
defeated if there are too many exemptions to the Public Records
Act,” McKenna said when announcing these bills. “This package of
legislation creates a process that will help to make sure that only
the most essential exemptions are retained and eliminates confusion
about the statute of limitation, to limit litigation and guarantee
that the public retains access to the documents of their
government.”
ü
Eminent domain notice:
McKenna and Gov. Christine Gregoire
requested legislation requiring government agencies to provide
actual notice to property owners when the agency is considering
condemning private property.
o
SB 5444
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5444.pdf>
,
requiring that a certified letter be sent
to property owners and that a legal notice be published in a local
newspaper of record, each describing when the agency’s governing
body will be holding an open public meeting to consider the
condemnation decision, has passed the Senate. Its companion measure,
HB 1458
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/1458-S.pdf>
,
has passed the House Judiciary Committee
and is eligible for a vote in the House.
“It’s not asking too much to require that
a $4.64 certified letter be sent to property owners who may have
their property taken without their consent,” McKenna said when he
announced this legislation. “We shouldn’t expect people to click
through hundreds of web pages every week to make sure their property
isn’t being considered for condemnation.”
ü
Anti-gang legislation:
McKenna requested legislation creating the new
crime of tagging/gang graffiti, providing longer sentences for
crimes committed by members of criminal gangs and those attempting
to join criminal gangs, clearly defining “criminal gangs” and
creating a work group within the AG’s office to evaluate gang crimes
in Washington.
o
SB 5987
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5987-S.pdf>
was amended by the Senate Judiciary
Committee to remove the new crimes, definitions, and extended
sentences and retain the work group provision directing the AG’s
office to evaluate the problem of gangs in Washington.
“Our police officers and prosecutors need
new tools to hold these criminals accountable and deter future
crimes,” McKenna said in a news release. “That’s why our office
worked with street-level cops to develop this bill, which is a step
forward in the fight against criminal gangs.”
ü
Domestic violence:
McKenna requested legislation to address
assault by strangulation, one of the most serious domestic violence
crimes.
o
Both
HB 2119
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/2119.pdf>
and
SB 5953,
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5953.pdf>
increasing
penalties for acts of domestic violence
involving strangulation, have passed their respective committees and
are currently in the Rules Committees in each chamber.
ü
Consumer protection:
McKenna has requested two measures to protect
consumers this session.
o
Both
HB 1114
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/1114-S.pdf>
and
SB 5229
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5229-S.pdf>
, prohibiting the marketing of estate
distribution documents by persons not authorized to practice law in
this state, have passed their respective committees by the committee
cut-off. These bills were introduced to protect seniors from
unscrupulous “trust mills.”
o
Both
HB 1937
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Bills/1937-S.pdf>
and
SB 5228
<http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Bills/5228-S.pdf>
,
allowing the Attorney General to sue on
behalf of indirect purchasers of goods or services sold in violation
of the Unfair Business Practices - Consumer Protection Act, have
passed their respective committees.
McKenna is in New
York today and tomorrow, training new attorneys general in his
official capacity as an executive board member of the National
Association of Attorneys General. He will be attending the NAAG
Spring Meeting in Washington, DC, March 5-7.
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