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HB4712 Engrossed |
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LRB093 19712 WGH 45453 b |
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| AN ACT concerning consumer protection.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Consumer Fraud and Deceptive Business |
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| Practices Act is amended by adding Section 2QQ as follows:
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| (815 ILCS 505/2QQ new) |
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| Sec. 2QQ. Use of Social Security numbers. |
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| (a) Except as otherwise provided in this Section,
a person |
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| may not do any of the following: |
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| (1) Publicly post or publicly display in any manner an |
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| individual's social security number. As used in this |
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| Section, "publicly post" or "publicly display" means to |
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| intentionally communicate or otherwise make available to |
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| the general public. |
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| (2) Print an individual's social security number on any |
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| card
required for the individual to access products or |
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| services provided by the person or entity; however, a |
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| person or entity that provides an insurance card must print |
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| on the card an identification number unique to the holder |
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| of the card in the format prescribed by Section 15 of the
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| Uniform Prescription Drug Information Card Act. |
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| (3) Require an individual to transmit his or her social |
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| security number over the Internet, unless the connection is |
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| secure or the social security number is encrypted. |
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| (4) Require an individual to use his or her social |
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| security number to access an Internet web site, unless a |
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| password or unique personal identification number or other |
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| authentication device is also required to access the |
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| Internet Web site. |
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| (5) Print an individual's social security number on any |
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| materials that are mailed to the individual, unless State |
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| or federal law requires the social security number to be on |
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HB4712 Engrossed |
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LRB093 19712 WGH 45453 b |
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| the document to be mailed. Notwithstanding any provision in |
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| this Section to the contrary, social security numbers may |
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| be included in applications and forms sent by mail, |
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| including documents sent as part of an application or |
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| enrollment process or to establish, amend, or terminate an |
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| account, contract, or policy or to confirm the accuracy of |
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| the social security number. A social security number that |
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| may permissibly be mailed under this Section may not be |
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| printed, in whole or in part, on a postcard or other mailer |
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| that does not require an envelope or be visible on an |
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| envelope or visible without the envelope having been |
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| opened. |
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| (b) A person that used, before July 1, 2005, an |
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| individual's social security
number in a manner inconsistent |
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| with subsection (a) may continue
using that individual's social |
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| security number in the same manner on or
after July 1, 2005 if |
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| all of the following conditions are met: |
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| (1) The use of the social security number is |
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| continuous. If the use is stopped for any reason, |
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| subsection (a) shall apply. |
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| (2) The individual is provided an annual disclosure |
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| that informs the individual that he or she has the right to |
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| stop the use of his or her social security number in a |
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| manner prohibited by subsection (a). |
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| A written request by an individual to stop the use of his |
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| or her social security number in a manner prohibited by |
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| subsection (a) shall be implemented within 30 days of the |
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| receipt of the request. There shall be no fee or charge for |
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| implementing the request. A person shall not deny services to |
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| an individual because the individual makes such a written |
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| request. |
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| (c) This Section does not apply to the collection, use, or |
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| release
of a social security number as required by State or |
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| federal law or
the use of a social security number for internal |
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| verification or
administrative purposes. This Section does not |
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| apply to the collection, use, or
release of a social security |
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HB4712 Engrossed |
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LRB093 19712 WGH 45453 b |
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| number by the State, a subdivision of the State, or an |
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| individual in the employ of the State or a subdivision of the |
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| State in connection with his or her official duties. |
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| (d) This Section does not apply to documents that are |
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| recorded or
required to be open to the public under State or |
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| federal law, applicable case law, Supreme Court Rule, or the |
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| Constitution of the State of Illinois. |
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| (e) If a federal law takes effect requiring the United |
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| States
Department of Health and Human Services to establish a |
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| national
unique patient health identifier program, any person |
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| who complies with the federal law shall be deemed to be in |
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| compliance with this
Section. |
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| (f) A person may not encode or embed a social security
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| number in or on a card or document, including, but not limited |
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| to,
using a bar code, chip, magnetic strip, or other |
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| technology, in place
of removing the social security number as |
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| required by this Section. |
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| (g) Any person who violates this Section commits an |
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| unlawful practice within the meaning of this Act.
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2006.
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