Ordinance No. 511-08
ORDINANCE NO. 511-08
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AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADDING SECTION 2.10 TO DIVISION 2 OF THE ADMINISTRATIVE CODE
REGARDING IDENTITY THEFT PREVENTION
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of EI Dorado, State of California, as follows:
SECTION 1 - POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding the requirement for an Identity Theft Prevention Program in compliance
with the Fair and Accurate Credit Transaction Act (FACT) of 2003 and the final rules
and guidelines for the FACT Act issued by the Federal Trade Commission and federal
bank regulatory agencies in November 2007.
SECTION II - DEFINITIONS
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For the purposes of this Ordinance, the terms used herein are designed as follows:
A. The District - The South Tahoe Public Utility District.
B. The Board - The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code - The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting, Billing, Payments,
Collections and Enforcement and Groundwater Management Plan
Ordinances of the District, which establish the authority and principles for
the decisions of the District, and provide the public with guidelines to
District operations.
SECTION III - FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of EI
Dorado, State of California, make the following findings:
1. Neither the District's Administrative Code or its regulations and
procedures include measures for the prevention of identity theft;
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2. The Federal Trade Commission (FTC) requires the creation of an identity
theft prevention program to comply with the implementation of the Fair and Accurate
Credit Transaction (FACT) Act of 2003. The FACT Act rcquires that financial
institutions and creditors implement written programs which providc for detection of and
response to specific activities ("red flags") that could be related to identity theft.
3. Identity theft prevention programs must be in placc by November 1,2008.
4. District staff have developed an Identity Theft Prevention Program that is
tailored to the District's operations and meets the FACT requirements.
5. The Board has determined that it is in the best interest of the District and
its customers to adopt this ordinance with respect to the cstablishment of an identity theft
prevention pro!:,Tfam.
SECTION IV -ADD SECTION 2.10 TO THE ADMINISTRATIVE CODE
"2.10 Identity Theft Prevention Program. Federal Trade Commission regulations
require that the District maintain an Identity Theft Prevention Program, consisting of
guidelines establishea to alert the District to potential identity theft and respond to
specific activities ("red flags") that could be related to identity theft The District has
adopted and will maintain a program that complies with the FTC regulations."
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SECTION V - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and rcgulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors declares
and determines that it would have passed section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof of this Ordinance and its implementing rules and
regulations and the Administrative Code irrespective of the fact that anyone or more
sections, subsections, subdivisions, paragraphs, scntenccs, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VI - EFFECTIVE DATE
This Ordinance adding the above referenced section to the Administrative Code
shall be effective November 15, 2008.
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Ordinance No. 511-08
Identity Theft Prevention Program
Page 2
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PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility
District at its duly held regular meeting on the 16th day of October, 2008 by the following
vote:
AYES: Directors Mosbacher, Rise, Jones, Claudio, Schafer
NOES: None
ABSENT: None
ATTEST: ~(< ,) It (' / ~--;/-y 1 ~ '>
Ka hy Sharp, fJerk of the Boar
Ordinance No.5 I 1-08
Identity Theft Prevention Program
Page 3
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Mary Lou Mosbacher, President
South Tahoe Public Utility District