Public Act 93-0117

HB0032 Enrolled                      LRB093 02365 WGH 02373 b

    AN ACT concerning State agencies.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.  This  Act may be cited as the
State Agency Web Site Act.

    Section 5.  Definitions. As used in this Act:
    "Cookie" means a set of  computer  data  or  instructions
that  is placed on a consumer's computer by a Web site server
to collect or store information about the consumer.
    "State agencies" has the meaning given to  that  term  in
Section 1-7 of the Illinois State Auditing Act.

    Section   10.  Cookies   and   other   invasive  tracking
programs.
    (a)  Except as  otherwise  provided  in  subsection  (b),
State  agency  Web sites may not use permanent cookies or any
other invasive tracking programs that monitor and  track  Web
site viewing habits; however, a State agency Web site may use
transactional cookies that facilitate business transactions.
    (b)  Permanent cookies used by State agency Web sites may
be exempt from the prohibition in subsection (a) if they meet
the following criteria:
         (1)  The  use of permanent cookies adds value to the
    user otherwise not available;
         (2)  The permanent cookies are not used  to  monitor
    and  track  web  site  viewing habits unless all types of
    information  collected  and  the  State's  use  of   that
    information  add  user  value and are disclosed through a
    comprehensive online privacy statement.
The Internet Privacy Task Force established under Section  15
shall define the exemption and limitations of this subsection
(b) in practice.

    Section 15.  Internet Privacy Task Force.
    (a)  The  Internet  Privacy  Task Force, consisting of 17
members, is established. The members shall  be  appointed  as
follows:   2   each   by   the   Speaker   of  the  House  of
Representatives,  the  House  Minority  Leader,  the   Senate
President,  and  the  Senate  Minority  Leader;  and 9 by the
Governor.  The  Governor's  appointees  shall  include   both
professionals in the area of computer and Internet technology
and  laypersons. The members of the Task Force shall select a
chairperson. Members of  the  Task  Force  shall  receive  no
compensation  but  shall be reimbursed for necessary expenses
incurred in the performance of their duties.
    (b)  The Task  Force  shall  explore  the  technical  and
procedural  changes  that are needed in the State's computing
environment to ensure that visits to State Web  sites  remain
private. The Task Force shall identify the threats to privacy
from  browsers, search engines, Web servers, Internet service
providers, and State agencies  and  make  recommendations  as
needed. If needed, the Task Force shall devise procedures for
creating  or  installing  computer  programs  on  State  host
computers  that  will  disable  cookies  and  other  invasive
programs.
    (c)  The  Task Force shall submit reports to the Governor
and the General Assembly by December 31 of each year.