Bill Status of HB 3342   97th General Assembly

Short Description:  TOLLWAY ACT-PRIVACY PROTECTION

House Sponsors
Rep. Kelly Burke-Al Riley, William Cunningham, Charles E. Jefferson, David Harris, Derrick Smith, Chapin Rose, Robert Rita and Charles W. Krezwick

Senate Sponsors
(Sen. Toi W. Hutchinson)


Last Action  View All Actions

DateChamber Action
  8/12/2011HousePublic Act . . . . . . . . . 97-0342

Statutes Amended In Order of Appearance
5 ILCS 140/7from Ch. 116, par. 207
605 ILCS 10/19.1 new

Synopsis As Introduced
Amends the Toll Highway Act and the Freedom of Information Act. Provides that the Illinois State Toll Highway Authority may not sell or otherwise provide to third parties personally identifiable information obtained through its electronic toll collection system. Provides that the Authority may store personally identifiable information only if the information is required to perform account functions such as billing, account settlement, or toll violation enforcement activities. Provides that the Authority shall establish a privacy policy containing certain provisions by December 31, 2011. Provides that the Authority must discard personally identifiable information no more than 4 years after the closure date of the billing cycle, payment of the bill, and resolution of all applicable toll violations, and that the Authority shall purge personally identifiable information of a closed or terminated account no more than 4 years after account closure or termination. Provides exceptions to the prohibition on release of personally identifiable information. Defines terms. Provides that in any agreement allowing another public entity to use the Authority's toll collection system in a transportation facility, the Authority shall require the other public entity to comply with the stated privacy requirements. Provides that personally identifiable information generated through the Authority's toll collection process shall be exempt from release under the Illinois Freedom of Information Act.

House Floor Amendment No. 3
Replaces everything after the enacting clause with provisions of the original bill, but with the following changes: (1) removes language providing that the Authority must discard personally identifiable information no more than 4 years after the closure date of the billing cycle, payment of the bill, and resolution of all applicable toll violations, and that the Authority shall purge personally identifiable information of a closed or terminated account no more than 4 years after account closure or termination; (2) adds to the list of exceptions to the prohibition on release of personally identifiable information the release of information to the Authority's Inspector General or, at the Inspector General's direction, to law enforcement agencies; and (3) provides that personally identifiable information generated through the Authority's toll collection process that reveals the date, time, location or direction of travel by an electronic toll collection system user shall be exempt from release under the Illinois Freedom of Information Act and lists exceptions (instead of providing that "Notwithstanding any other law, personally identifiable information generated through the Authority's toll collection process shall be exempt from release under the Illinois Freedom of Information Act.").

House Floor Amendment No. 5
Deletes reference to:
5 ILCS 140/7from Ch. 116, par. 207
Adds reference to:
5 ILCS 140/7.5

Replaces everything after the enacting clause with provisions of the original bill, but with the following changes: (1) removes language providing that the Authority must discard personally identifiable information no more than 4 years after the closure date of the billing cycle, payment of the bill, and resolution of all applicable toll violations, and that the Authority shall purge personally identifiable information of a closed or terminated account no more than 4 years after account closure or termination; (2) provides that specified personally identifiable information is exempted from release to the extent provided by statute (instead of that personally identifiable information may be omitted from otherwise public documents); (3) provides that personally identifiable information generated through the Authority's toll collection process that reveals the date, time, location or direction of travel by an electronic toll collection system user shall be exempt from release under the Illinois Freedom of Information Act and lists exceptions (instead of providing that "Notwithstanding any other law, personally identifiable information generated through the Authority's toll collection process shall be exempt from release under the Illinois Freedom of Information Act."); and (4) provides that the exemption for Freedom of Information Act inquiries shall not be a limitation or restriction on other Freedom of Information Act exemptions applicable to personally identifiable information. Effective immediately.

Actions 
DateChamber Action
  2/24/2011HouseFiled with the Clerk by Rep. Kelly Burke
  2/24/2011HouseFirst Reading
  2/24/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/9/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly Burke
  3/9/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/15/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Kelly Burke
  3/15/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/16/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/16/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/16/2011HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  3/17/2011HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kelly Burke
  3/17/2011HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/17/2011HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Kelly Burke
  3/17/2011HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/28/2011HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/6/2011HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Kelly Burke
  4/6/2011HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  4/6/2011HouseHouse Floor Amendment No. 5 Rules Refers to Judiciary I - Civil Law Committee
  4/7/2011HouseHouse Floor Amendment No. 5 Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000
  4/8/2011HouseAdded Co-Sponsor Rep. William Cunningham
  4/8/2011HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/8/2011HouseAdded Co-Sponsor Rep. David Harris
  4/13/2011HouseSecond Reading - Short Debate
  4/13/2011HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  4/13/2011HouseHouse Floor Amendment No. 5 Adopted by Voice Vote
  4/13/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/14/2011HouseThird Reading - Short Debate - Passed 116-000-000
  4/14/2011HouseHouse Floor Amendment No. 4 Tabled Pursuant to Rule 40
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Al Riley
  4/14/2011HouseAdded Co-Sponsor Rep. Derrick Smith
  4/14/2011HouseAdded Co-Sponsor Rep. Chapin Rose
  4/14/2011HouseAdded Co-Sponsor Rep. Robert Rita
  4/14/2011SenateArrive in Senate
  4/14/2011SenatePlaced on Calendar Order of First Reading April 15, 2011
  4/14/2011SenateChief Senate Sponsor Sen. Toi W. Hutchinson
  4/15/2011SenateFirst Reading
  4/15/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Executive
  5/5/2011SenateHeld in Executive
  5/11/2011SenateDo Pass Executive; 014-000-001
  5/11/2011SenatePlaced on Calendar Order of 2nd Reading May 12, 2011
  5/13/2011SenateSecond Reading
  5/13/2011SenatePlaced on Calendar Order of 3rd Reading May 16, 2011
  5/17/2011SenateThird Reading - Passed; 054-000-000
  5/17/2011HousePassed Both Houses
  6/15/2011HouseSent to the Governor
  8/12/2011HouseGovernor Approved
  8/12/2011HouseEffective Date August 12, 2011
  8/12/2011HousePublic Act . . . . . . . . . 97-0342

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