SB2901ham003 99TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 11/23/2016

09900SB2901ham003 LRB099 20671 AMC 51750 a

AMENDMENT TO SENATE BILL 2901

AMENDMENT NO. ______. Amend Senate Bill 2901, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Geolocation Information Protection Act.

Section 3. Purpose. The purpose of this Act is to preserve the personal privacy of Illinois citizens when it comes to their highly sensitive geolocation information and to allow Illinois citizens to maintain control over the collection and disclosure of that information by private entities. This Act is also intended to provide real property owners, managers, and custodians with an easily accessible procedure for removal of ecologically sensitive sites or locations, historically significant sites or locations, sites or locations on private property, or sites or locations otherwise deemed as dangerous by the real property owner, manager, or custodian from location-based video games.

Section 5. Definitions. As used in this Act:

"Developer" means a private entity that has made or developed and owns the rights to a location-based video game, including any private entity that acquires the controlling intellectual property rights to the location-based video game from another private entity.

"Ecologically sensitive site or location" means an area designated by federal, State, or local government for protection from development or damage due to the presence of endangered species or threatened species as defined in Section 2 of the Illinois Endangered Species Protection Act.

"Geolocation information" means information concerning the location of a device that is generated by or derived from, in whole or in part, the operation of that device and that could be used to determine or infer information regarding the location of a person.

"Historically significant site or location" means a site or location that has been designated by federal, State, or local government for preservation as a landmark, or any other site or location that the federal, State, or local government may designate as historically significant.

"Location-based application" means a software application that collects, uses, or stores geolocation information. "Location-based application" includes a location-based video game that collects, uses, or stores geolocation information.

"Location-based video game" means a game primarily played on a mobile device, including, but not limited to, smartphones and tablets, that encourages users to travel to specific real property sites, locations, or coordinates for the purpose of achieving specific goals within the game.

"Private entity" means an individual, partnership, corporation, limited liability company, association, or other group, however organized. "Private entity" does not include a State or local government agency.

Section 10. Site or location removal.

(a) Within 4 business days after receiving a request from the real property owner, manager, or custodian, the developer of a location-based video game shall remove from its location-based video game an ecologically sensitive site or location, historically significant site or location, site or location on private property, or site or location otherwise deemed as dangerous by the real property owner, manager, or custodian.

(b) In requesting that a site or location be removed from the location-based video game, the requesting property owner, manager, or custodian shall submit a request to the developer of a location-based video game that specifies in sufficient detail the site or location to be removed from the video game and the reason for the requested removal.

Section 15. Removal procedure. The developer of a location-based video game shall provide an easily accessible procedure for removal of ecologically sensitive sites or locations, historically significant sites or locations, sites or locations on private property, or sites or locations otherwise deemed as dangerous by the real property owner, manager, or custodian from its location-based video game.

Section 20. Collection, use, and disclosure of geolocation information from location-based applications.

(a) A private entity may not collect, use, or disclose geolocation information from a location-based application on a person's device unless the private entity first:

(1) informs the person in writing that his or her geolocation information will be collected, used, and disclosed;

(2) informs the person in writing of the specific purpose for which his or her geolocation information will be collected, used, and disclosed; and

(3) receives the person's informed, written consent (including through an electronic means using the Internet) in a form distinct and separate from any form setting forth other legal or financial obligations of the person before collecting, using, or disclosing his or her geolocation information.

(b) This Section applies to location-based applications created or modified after the effective date of this Act.

Section 25. Right of action. Any person whose rights under this Act are violated has a right of action against an offending party and may recover:

(1) liquidated damages of $1,000 or actual damages, whichever is greater;

(2) reasonable attorney's fees and costs; and

(3) other relief, including an injunction, as the court may deem appropriate.

Section 30. Enforcement by the Attorney General. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to the Attorney General for the enforcement of this Act. In addition, in any action brought by the Attorney General to enforce this Act, the court may order that persons who incurred actual damages be awarded 3 times the amount at which actual damages are assessed.

Section 35. Waivers; contracts.

(a) A waiver of the provisions of this Act is void and unenforceable.

(b) A contract relating to the use of a location-based application that does not comply with the applicable provisions of this Act is void and unenforceable.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Geolocation Information Protection Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16.)".