94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2486

 

Introduced 1/18/2006, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
New Act
815 ILCS 505/2Z   from Ch. 121 1/2, par. 262Z

    Creates the Customer Proprietary Network Information Protection Act. Prohibits a person from selling or disclosing or offering to sell or disclose any customer proprietary network information relating to the telephone service account of any resident of this State, with these exceptions: disclosure that is authorized by law or regulation, an order of any agency having regulatory authority over a telecommunications carrier, or the telephone service accountholder; and disclosure in accordance with a subpoena, warrant, or other lawful process. Provides that a person who knowingly violates the Act commits a Class A misdemeanor and also commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act accordingly.


LRB094 18254 WGH 53565 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2486 LRB094 18254 WGH 53565 b

1     AN ACT concerning certain telephone service accounts.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Customer Proprietary Network Information Protection Act.
 
6     Section 5. Definitions. As used in this Act:
7     "Customer proprietary network information" has the meaning
8 ascribed to that term in Section 222 of Title 47 of the United
9 States Code.
10     "Telecommunications carrier" has the meaning ascribed to
11 that term in Section 153 of Title 47 of the United States Code.
 
12     Section 10. Sale or disclosure; customer proprietary
13 network information.
14     (a) Except as otherwise provided in this Section, a person
15 may not sell or disclose or offer to sell or disclose any
16 customer proprietary network information relating to the
17 telephone service account of any resident of this State.
18     (b) Subsection (a) does not apply to:
19         (1) any disclosure of customer proprietary network
20     information that is authorized by: (A) law or regulation;
21     (B) an order of any agency having regulatory authority over
22     a telecommunications carrier; or (C) the telephone service
23     accountholder; or
24         (2) any disclosure of customer proprietary network
25     information required by a subpoena, warrant, or other
26     lawful process.
 
27     Section 15. Violation. A person who knowingly violates this
28 Act commits a Class A misdemeanor and also commits an unlawful
29 practice within the meaning of Section 2Z of the Consumer Fraud
30 and Deceptive Business Practices Act.
 

 

 

SB2486 - 2 - LRB094 18254 WGH 53565 b

1     Section 90. The Consumer Fraud and Deceptive Business
2 Practices Act is amended by changing Section 2Z as follows:
 
3     (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
4     Sec. 2Z. Violations of other Acts. Any person who knowingly
5 violates the Automotive Repair Act, the Automotive Collision
6 Repair Act, the Home Repair and Remodeling Act, the Dance
7 Studio Act, the Physical Fitness Services Act, the Hearing
8 Instrument Consumer Protection Act, the Illinois Union Label
9 Act, the Job Referral and Job Listing Services Consumer
10 Protection Act, the Travel Promotion Consumer Protection Act,
11 the Credit Services Organizations Act, the Automatic Telephone
12 Dialers Act, the Pay-Per-Call Services Consumer Protection
13 Act, the Telephone Solicitations Act, the Illinois Funeral or
14 Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic
15 Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home
16 Loan Act, the Payday Loan Reform Act, subsection (a) or (b) of
17 Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform
18 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
19 Tax Act, the Electronic Mail Act, paragraph (6) of subsection
20 (k) of Section 6-305 of the Illinois Vehicle Code, Article 3 of
21 the Residential Real Property Disclosure Act, the Customer
22 Proprietary Network Information Protection Act, the Automatic
23 Contract Renewal Act, or the Personal Information Protection
24 Act commits an unlawful practice within the meaning of this
25 Act.
26 (Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13,
27 eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292,
28 eff. 1-1-06; revised 8-19-05.)