Full Text of SB1487 95th General Assembly
SB1487ham002 95TH GENERAL ASSEMBLY
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Rep. Ruth Munson
Filed: 5/30/2007
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| AMENDMENT TO SENATE BILL 1487
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| AMENDMENT NO. ______. Amend Senate Bill 1487, AS AMENDED, | 3 |
| by by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Identity Protection Act.
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| Section 5. Definitions. In this Act: | 8 |
| "Local government agency" means that term as it is defined | 9 |
| in Section 1-8 of the Illinois State Auditing Act.
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| "Person" means any individual in the employ of a State | 11 |
| agency or local government agency. | 12 |
| "Publicly post" or "publicly display" means to | 13 |
| intentionally communicate or otherwise intentionally make | 14 |
| available to the general public. | 15 |
| "State agency" means that term as it is defined in Section | 16 |
| 1-7 of the Illinois State Auditing Act.
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| Section 10. Prohibited activities. | 2 |
| (a) Except as otherwise provided in this Act,
beginning | 3 |
| July 1, 2009, no
person or State or local government agency may | 4 |
| do any of the following: | 5 |
| (1) Publicly post or publicly display in any manner an | 6 |
| individual's social security number. | 7 |
| (2) Print an individual's social security number on any | 8 |
| card
required for the individual to access products or | 9 |
| services provided by the person or entity; however, a | 10 |
| person or entity that provides an insurance card must print | 11 |
| on the card an identification number unique to the holder | 12 |
| of the card in the format prescribed by Section 15 of the
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| Uniform Prescription Drug Information Card Act. | 14 |
| (3) Require an individual to transmit his or her social | 15 |
| security number over the Internet, unless the connection is | 16 |
| secure or the social security number is encrypted. | 17 |
| (4) Require an individual to use his or her social | 18 |
| security number to access an Internet web site, unless a | 19 |
| password or unique personal identification number or other | 20 |
| authentication device is also required to access the | 21 |
| Internet web site. | 22 |
| (5) Print an individual's social security number on any | 23 |
| materials that are mailed to the individual, through the | 24 |
| U.S. Postal Service, any private mail service, electronic | 25 |
| mail, or any similar method of delivery, unless State or |
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| federal law requires the social security number to be on | 2 |
| the document to be mailed. Notwithstanding any provision in | 3 |
| this Section to the contrary, social security numbers may | 4 |
| be included in applications and forms sent by mail, | 5 |
| including, but not limited to, any material mailed in | 6 |
| connection with the administration of the Unemployment | 7 |
| Insurance Act, any material mailed in connection with any | 8 |
| tax administered by the Department of Revenue, and | 9 |
| documents sent as part of an application or enrollment | 10 |
| process or to establish, amend, or terminate an account, | 11 |
| contract, or policy or to confirm the accuracy of the | 12 |
| social security number. A social security number that may | 13 |
| permissibly be mailed under this Section may not be | 14 |
| printed, in whole or in part, on a postcard or other mailer | 15 |
| that does not require an envelope or be visible on an | 16 |
| envelope or visible without the envelope having been | 17 |
| opened. | 18 |
| (6) Collect a social security number from an | 19 |
| individual, unless required to do so under State or federal | 20 |
| law, rules, or regulations, unless the collection of the | 21 |
| social security number is otherwise necessary for the | 22 |
| performance of that agency's duties and responsibilities. | 23 |
| Social security numbers collected by a State or local | 24 |
| government agency must be relevant to the purpose for which | 25 |
| the number was collected and must not be collected unless | 26 |
| and until the need for social security numbers for that |
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| purpose has been clearly documented. | 2 |
| (7) When requesting a social security number from an | 3 |
| individual or when filing a document with the clerk of the | 4 |
| circuit court or with the recorder of deeds that has been | 5 |
| generated by a person or agency and on which the person or | 6 |
| agency has requested a social security number, fail to | 7 |
| segregate the social security number on a separate page | 8 |
| from the rest of the record, provide a discrete location | 9 |
| for a social security number when required on a | 10 |
| standardized form, or otherwise place the number in a | 11 |
| manner that makes it easily redacted if required to be | 12 |
| released as part of a public records request. | 13 |
| (8) When collecting a social security number from an | 14 |
| individual, fail to provide to the individual, at the time | 15 |
| of or prior to the actual collection of the social security | 16 |
| number by that agency, upon request by the individual, a | 17 |
| statement of the purpose or purposes for which the agency | 18 |
| is collecting and using the social security number. | 19 |
| (9) Use the social security number for any purpose | 20 |
| other than the purpose stated in the statement provided | 21 |
| under item (8). | 22 |
| (10) Intentionally communicate or otherwise make | 23 |
| available to the general public a person's social security | 24 |
| number or other identifying information. | 25 |
| (b) The prohibitions in subsection (a) do not apply in the | 26 |
| following circumstances: |
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| (1) The disclosure of social security numbers or other | 2 |
| identifying information disclosed to agents, employees, or | 3 |
| contractors of a governmental entity or disclosed by a | 4 |
| governmental entity to another governmental entity or its | 5 |
| agents, employees, or contractors if disclosure is | 6 |
| necessary in order for the entity to perform its duties and | 7 |
| responsibilities and if the governmental entity and its | 8 |
| agents, employees, and contractors maintain the | 9 |
| confidential and exempt status of the social security | 10 |
| numbers or other identifying information. | 11 |
| (2) The disclosure of social security numbers or other | 12 |
| identifying information disclosed pursuant to a court | 13 |
| order, warrant, or subpoena. | 14 |
| (3) The collection, use, or disclosure of social | 15 |
| security numbers or other identifying information in order | 16 |
| to ensure the safety of: State and local government | 17 |
| employees; persons committed to correctional facilities, | 18 |
| local jails, and other law-enforcement facilities or | 19 |
| retention centers; wards of the State; and all persons | 20 |
| working in or visiting a State or local government agency | 21 |
| facility. | 22 |
| (4) The disclosure of social security numbers by a | 23 |
| State agency to any entity for the collection of delinquent | 24 |
| child support or of any State debt. | 25 |
| (5) The collection, use, or disclosure of social | 26 |
| security numbers or other identifying information to |
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| investigate or prevent fraud, to conduct background | 2 |
| checks, to conduct social or scientific research, to | 3 |
| collect a debt, to obtain a credit report from or furnish | 4 |
| data to a consumer reporting agency under the federal Fair | 5 |
| Credit Reporting Act, to undertake any permissible purpose | 6 |
| that is enumerated under the federal Gramm Leach Bliley | 7 |
| Act, or to locate a missing person, a lost relative, or a | 8 |
| person who is due a benefit, such as a pension benefit or | 9 |
| an unclaimed-property benefit. | 10 |
| (c) If any State agency or local government agency has | 11 |
| adopted standards for the collection, use, or disclosure of | 12 |
| social security numbers or other identifying information that | 13 |
| are stricter than the standards under this Act with respect to | 14 |
| the protection of that identifying information, then, in the | 15 |
| event of any conflict with the provisions of this Act, the | 16 |
| stricter standards adopted by the State agency or local | 17 |
| government agency shall control. | 18 |
| Section 15. Public inspection and copying of information | 19 |
| and documents. Notwithstanding any other provision of this Act | 20 |
| to the contrary, a person or State or local government agency | 21 |
| must comply with the provisions of any other State law with | 22 |
| respect to allowing the public inspection and copying of | 23 |
| information or documents containing all or any portion of an | 24 |
| individual's social security number or other identifying | 25 |
| information. |
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| Section 20. Applicability. | 2 |
| (a) This Act does not apply to the collection, use, or | 3 |
| release
of a social security number or other identifying | 4 |
| information, as required by State or federal law, rule, or | 5 |
| regulation, or
the use of a social security number or other | 6 |
| identifying information for internal verification or
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| administrative purposes. | 8 |
| (b) This Act does not apply to documents that are recorded | 9 |
| or
required to be open to the public under any State or federal | 10 |
| law, rule, or regulation, applicable case law, Supreme Court | 11 |
| Rule, or the Constitution of the State of Illinois. | 12 |
| Section 25. Compliance with federal law. If a federal law | 13 |
| takes effect requiring any federal agency to establish a | 14 |
| national
unique patient health identifier program, any State or | 15 |
| local government agency that complies with the federal law | 16 |
| shall be deemed to be in compliance with this
Act. | 17 |
| Section 30. Embedded social security numbers. Beginning | 18 |
| December 31, 2008, no person or State or local government | 19 |
| agency may encode or embed a social security
number in or on a | 20 |
| card or document, including, but not limited to,
using a bar | 21 |
| code, chip, magnetic strip, RFID technology, or other | 22 |
| technology, in place
of removing the social security number as | 23 |
| required by this Act. |
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| Section 35. Identity-protection policy. Each State agency | 2 |
| and local government agency must establish an | 3 |
| identity-protection policy and must implement that policy on or | 4 |
| before December 31, 2008. The policy must do all of the | 5 |
| following:
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| (1) Require all employees of the State or local | 7 |
| government agency to be trained to protect the | 8 |
| confidentiality of social security numbers and to | 9 |
| understand the requirements of this Section. | 10 |
| (2) Prohibit the unlawful disclosure of social | 11 |
| security numbers. | 12 |
| (3) Limit the number of employees who have access to | 13 |
| information or documents that contain social security | 14 |
| numbers. | 15 |
| (4) Describe how to properly dispose of information and | 16 |
| documents that contain social security numbers. | 17 |
| (5) Establish penalties for violation of the privacy | 18 |
| policy.
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| (6) Prevent the intentional communication of or | 20 |
| ability of the general public to access an individual's | 21 |
| social security number. | 22 |
| Each State agency must file a written copy of its privacy | 23 |
| policy with the Clerk of the House of Representatives and the | 24 |
| Secretary of the Senate. Each local government agency must file | 25 |
| a written copy of its privacy policy with the governing board |
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| of the unit of local government. Each State or local government | 2 |
| agency must also provide a written copy of the policy to each | 3 |
| of its employees, and must also make its privacy policy | 4 |
| available to any member of the public, upon request. If a State | 5 |
| or local government agency amends its privacy policy, then that | 6 |
| agency must file a written copy of the amended policy with the | 7 |
| appropriate entity and must also provide each of its employees | 8 |
| with a new written copy of the amended policy.
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| Section 40. Judicial branch and clerks of courts. The | 10 |
| judicial branch and clerks of the circuit court are not subject | 11 |
| to the provisions of this Act, except that the Supreme Court | 12 |
| shall, under its rulemaking authority or by administrative | 13 |
| order, adopt requirements applicable to the judicial branch, | 14 |
| including clerks of the circuit court, regulating the | 15 |
| disclosure of social security numbers consistent with the | 16 |
| intent of this Act and the unique circumstances relevant in the | 17 |
| judicial process. | 18 |
| Section 45. Violation. Any person who intentionally | 19 |
| violates this Act is guilty of a Class B misdemeanor. | 20 |
| Section 50. Home rule. A home rule unit may not regulate | 21 |
| the use of social security numbers in a manner that is | 22 |
| inconsistent with this Act. This Act is a limitation under | 23 |
| subsection (i) of Section 6 of Article VII of the Illinois |
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| Constitution on the concurrent exercise by home rule units of | 2 |
| powers and functions exercised by the State.
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| Section 55. This Act does not supersede any more | 4 |
| restrictive law, rule, or regulation regarding the collection, | 5 |
| use, or release of social security numbers. | 6 |
| Section 90. The State Mandates Act is amended by adding | 7 |
| Section 8.31 as follows: | 8 |
| (30 ILCS 805/8.31 new) | 9 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 10 |
| of this Act, no reimbursement by the State is required for the | 11 |
| implementation of any mandate created by this amendatory Act of | 12 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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