RESOLUTION NO. 6807

A RESOLUTION ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM FOR THE CITY OF LAWRENCE UTILITY DEPARTMENT AND UTILITY BILLING OPERATIONS PURSUANT TO SECTION 114 OF THE FAIR AND ACCURATE CREDIT TRANSACTION ACT OF 2003 (FACTA)  AND FURTHER PURSUANT TO THE CODE OF FEDERAL REGUALATIONS (CFR) AT 16 CFR PART 681.

WHEREAS, On October 31^st, 2007, the Joint Committee of the Office of the Comptroller of the Currency (OCC), the Federal Reserve System Board, the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), the National Credit Union Administration (NCUA), and the Federal Trade Commission jointly issued the final rules for Section 114 of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), also known as Red Flag Rules; and

WHEREAS, Section 114 of FACTA requires that all organizations subject to the legislation must develop and implement a written “Identity Theft Program” to detect, prevent and mitigate identity theft in connection with the opening and maintenance of new and existing accounts; and

WHEREAS, the final rule implementing said Section 114 of FACTA, found at 16 CFR PART 681, applies to all municipalities with utility accounts.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION I.        The City of Lawrence hereby adopts by reference “The City of Lawrence Identity Theft Prevention Program for Utility Accounts” dated November 1, 2008 and incorporates said program as if fully set forth herein.

SECTION II.       The program identified in Section I above shall become effective upon adoption by the Governing Body.

Adopted this  day of  October, 2008.

APPROVED:

Michael Dever, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Ramirez Wheeler, Director of Legal Services