I'm with you, Dawn

Rep. Dawn Creekmore called last week to let me know that the governor was contemplating a veto on HB2780 and asked for my support on an override. The governor vetoed it on Tuesday. After re-reviewing the bill in light of the governor's concerns, I'll vote to override if Rep. Creekmore raises a motion to reconsider.

The governor's main concern is that the bill allows any consumer, not just victims of identity theft, to place a freeze on their credit report. Attorney General Dustin McDaniel asked for the veto on grounds that the bill is unconstitutionally overbroad. I believe there are several reasons for the need to place a freeze on a credit report outside of identity fraud issues. First, items can routinely be added to your report by mistake by transposing SSNs or by filing info on a similar name. Freezing a credit report can be helpful to stop incoming mistakes in addition to identity fraud so that the account can be accessed only in very limited circumstances while the problem is being addressed.

The July 2000 issue of Consumer Reports cited a study where more than 50% of the credit reports checked contained errors. A 2004 survey conducted by the U.S. Public Interest Research Group (USPIRG) found that one in four credit reports contain serious errors.

Of all the personal records in routine use by businesses, credit reports contain the most detail about you. I see no reason not to give someone an extra tool to protect something this important and this sensitive. As to the overbreadth of the proposal, it's already law in 24 states, and none of the statutes in those states have been successfully challenged (although the California statute was struck down on other grounds). I'll vote to override the veto for these reasons.

As to the procedure of override a bill, the bill will come back to the House and a motion to reconsider must be raised. Upon approval of that non-debatable motion, the override will be voted upon, and it must pass by a mere majority. If the override is approved, the bill will be immediately tranmitted to the Senate, where a motion to reconsider must pass prior to a vote to override in that chamber, which also must pass by a mere majority of the Senate. It would then be delivered to the governor (no signature required, of course).

Update (4/13): Looks like I'm in the minority.