Rep. Sandra M. Pihos
Filed: 3/17/2011
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 3513 




2    AMENDMENT NO. ______. Amend House Bill 3513 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended  by changing Section 2RR as follows:
 


6    (815 ILCS 505/2RR)


7    Sec. 2RR. Use of Social Security numbers.
8    (a) Except as otherwise provided in this Section,
a person 
9may not do any of the following:
10        (1) Publicly post or publicly display in any manner an 
11    individual's social security number.  As used in this 
12    Section, "publicly post" or "publicly display" means to 
13    intentionally communicate or otherwise make available to 
14    the general public.
15        (2) Print an individual's social security number on any 
16    card
required for the individual to access products or 
 
 
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1    services provided by the person or entity, or on a 
2    wristband or on the outside of any file associated with the 
3    products or services provided by the person or entity; 
4    however, a person or entity that provides an insurance card 
5    must print on the card an identification number unique to 
6    the holder of the card in the format prescribed by Section 
7    15 of the
Uniform Prescription Drug Information Card Act.
8        (3) Require an individual to transmit his or her social 
9    security number over the Internet, unless the connection is 
10    secure or the social security number is encrypted.
11        (4) Require an individual to use his or her social 
12    security number to access an Internet web site, unless a 
13    password or unique personal identification number or other 
14    authentication device is also required to access the 
15    Internet Web site.
16        (5) Print an individual's social security number on any 
17    materials that are mailed to the individual, unless State 
18    or federal law requires the social security number to be on 
19    the document to be mailed.  Notwithstanding any provision in 
20    this Section to the contrary, social security numbers may 
21    be included in applications and forms sent by mail, 
22    including documents sent as part of an application or 
23    enrollment process or to establish, amend, or terminate an 
24    account, contract, or policy or to confirm the accuracy of 
25    the social security number.  A social security number that 
26    may permissibly be mailed under this Section may not be 
 
 
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1    printed, in whole or in part, on a postcard or other mailer 
2    that does not require an envelope or be visible on an 
3    envelope or visible without the envelope having been 
4    opened.
5    (b) A person that used, before July 1, 2005, an 
6individual's social security
number in a manner inconsistent 
7with subsection (a) may continue
using that individual's social 
8security number in the same manner on or
after July 1, 2005 if 
9all of the following conditions are met:
10        (1) The use of the social security number is 
11    continuous.  If the use is stopped for any reason, 
12    subsection (a) shall apply.
13        (2) The individual is provided an annual disclosure 
14    that informs the individual that he or she has the right to 
15    stop the use of his or her social security number in a 
16    manner prohibited by subsection (a).
17    A written request by an individual to stop the use of his 
18or her social security number in a manner prohibited by 
19subsection (a) shall be implemented within 30 days of the 
20receipt of the request.  There shall be no fee or charge for 
21implementing the request. A  person shall not deny services to 
22an individual because the individual makes such a written 
23request.
24    (c) This Section does not apply to the collection, use, or 
25release
of a social security number as required by State or 
26federal law or
the use of a social security number for internal 
 
 
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1verification or
administrative purposes. This Section does not 
2apply to the collection, use, or

release of a social security 
3number by the State, a subdivision of the State, or an 
4individual in the employ of the State or a subdivision of the 
5State in connection with his or her official duties.
6    (d) This Section does not apply to documents that are 
7recorded or
required to be open to the public under State or 
8federal law, applicable case law, Supreme Court Rule, or the 
9Constitution of the State of Illinois.
10    (e) If a federal law takes effect requiring the United 
11States
Department of Health and Human Services to establish a 
12national
unique patient health identifier program, any person 
13who complies with the federal law shall be deemed to be in 
14compliance with this
Section.
15    (f) A person may not encode or embed a social security

16number in or on a card or document, including, but not limited 
17to,
using a bar code, chip, magnetic strip, or other 
18technology, in place
of removing the social security number as 
19required by this Section.
20    (g) Any person who violates this Section commits an 
21unlawful practice within the meaning of this Act.

22(Source: P.A. 95-331, eff. 8-21-07.)".