Full Text of SB2901 99th General Assembly
SB2901ham003 99TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 11/23/2016
| | 09900SB2901ham003 | | LRB099 20671 AMC 51750 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2901
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2901, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Geolocation Information Protection Act. | 7 | | Section 3. Purpose. The purpose of this Act is to preserve | 8 | | the personal privacy of Illinois citizens when it comes to | 9 | | their highly sensitive geolocation information and to allow | 10 | | Illinois citizens to maintain control over the collection and | 11 | | disclosure of that information by private entities. This Act is | 12 | | also intended to provide real property owners, managers, and | 13 | | custodians with an easily accessible procedure for removal of | 14 | | ecologically sensitive sites or locations, historically | 15 | | significant sites or locations, sites or locations on private | 16 | | property, or sites or locations otherwise deemed as dangerous |
| | | 09900SB2901ham003 | - 2 - | LRB099 20671 AMC 51750 a |
|
| 1 | | by the real property owner, manager, or custodian from | 2 | | location-based video games. | 3 | | Section 5. Definitions. As used in this Act: | 4 | | "Developer" means a private entity that has made or | 5 | | developed and owns the rights to a location-based video game, | 6 | | including any private entity that acquires the controlling | 7 | | intellectual property rights to the location-based video game | 8 | | from another private entity. | 9 | | "Ecologically sensitive site or location" means an area | 10 | | designated by federal, State, or local government for | 11 | | protection from development or damage due to the presence of | 12 | | endangered species or threatened species as defined in Section | 13 | | 2 of the Illinois Endangered Species Protection Act. | 14 | | "Geolocation information" means information
concerning the | 15 | | location of a device that is generated by or
derived from, in | 16 | | whole or in part, the operation of that device
and that could | 17 | | be used to determine or infer information
regarding the | 18 | | location of a person. | 19 | | "Historically significant site or location" means a site or | 20 | | location that has been designated by federal, State, or local | 21 | | government for preservation as a landmark, or any other site or | 22 | | location that the federal, State, or local government may | 23 | | designate as historically significant. | 24 | | "Location-based application" means a software
application | 25 | | that collects, uses, or stores geolocation information. |
| | | 09900SB2901ham003 | - 3 - | LRB099 20671 AMC 51750 a |
|
| 1 | | "Location-based application" includes a location-based video | 2 | | game that collects, uses, or stores geolocation information. | 3 | | "Location-based video game" means a game primarily played | 4 | | on a mobile device, including, but not limited to, smartphones | 5 | | and tablets, that encourages users to travel to specific real | 6 | | property sites, locations, or coordinates for the purpose of | 7 | | achieving specific goals within the game. | 8 | | "Private entity" means an individual, partnership,
| 9 | | corporation, limited liability company, association, or other
| 10 | | group, however organized. "Private entity" does not include a
| 11 | | State or local government agency. | 12 | | Section 10. Site or location removal. | 13 | | (a) Within 4 business days after receiving a request from | 14 | | the real property owner, manager, or custodian, the developer | 15 | | of a location-based video game shall remove from its | 16 | | location-based video game an ecologically sensitive site or | 17 | | location, historically significant site or location, site or | 18 | | location on private property, or site or location otherwise | 19 | | deemed as dangerous by the real property owner, manager, or | 20 | | custodian. | 21 | | (b) In requesting that a site or location be removed from | 22 | | the location-based video game, the requesting property owner, | 23 | | manager, or custodian shall submit a request to the developer | 24 | | of a location-based video game that specifies in sufficient | 25 | | detail the site or location to be removed from the video game |
| | | 09900SB2901ham003 | - 4 - | LRB099 20671 AMC 51750 a |
|
| 1 | | and the reason for the requested removal. | 2 | | Section 15. Removal procedure. The developer of a | 3 | | location-based video game shall provide an easily accessible | 4 | | procedure for removal of ecologically sensitive sites or | 5 | | locations, historically significant sites or locations, sites | 6 | | or locations on private property, or sites or locations | 7 | | otherwise deemed as dangerous by the real property owner, | 8 | | manager, or custodian from its location-based video game. | 9 | | Section 20. Collection, use, and disclosure of geolocation
| 10 | | information from location-based applications.
| 11 | | (a) A private entity may not collect, use, or disclose | 12 | | geolocation information from a location-based application on a | 13 | | person's device
unless the private entity first: | 14 | | (1) informs the person in writing that his or her
| 15 | | geolocation information will be collected, used, and
| 16 | | disclosed; | 17 | | (2) informs the person in writing of the specific | 18 | | purpose for
which his or her geolocation information will | 19 | | be collected,
used, and disclosed; and | 20 | | (3) receives the person's informed, written consent
| 21 | | (including through an electronic means using the Internet) | 22 | | in
a form distinct and separate from any form setting forth | 23 | | other
legal or financial obligations of the person before
| 24 | | collecting, using, or disclosing his or her geolocation
|
| | | 09900SB2901ham003 | - 5 - | LRB099 20671 AMC 51750 a |
|
| 1 | | information. | 2 | | (b) This Section applies to location-based applications | 3 | | created or modified after the effective date of this Act. | 4 | | Section 25. Right of action. Any person whose rights under | 5 | | this Act are violated has a right of action against an | 6 | | offending party and may
recover: | 7 | | (1) liquidated damages of $1,000 or actual damages,
| 8 | | whichever is greater; | 9 | | (2) reasonable attorney's fees and costs; and | 10 | | (3) other relief, including an injunction, as the court | 11 | | may
deem appropriate.
| 12 | | Section 30. Enforcement by the Attorney General. All | 13 | | remedies, penalties, and authority granted to the
Attorney | 14 | | General by the Consumer Fraud and Deceptive
Business Practices | 15 | | Act shall be available to the Attorney
General for the | 16 | | enforcement of this Act. In addition, in any action brought by | 17 | | the
Attorney General to enforce this Act, the court may order
| 18 | | that persons who incurred actual damages be awarded 3 times
the | 19 | | amount at which actual damages are assessed.
| 20 | | Section 35. Waivers; contracts. | 21 | | (a) A waiver of the provisions of this Act is void
and | 22 | | unenforceable. | 23 | | (b) A contract relating to the use of a location-based
|
| | | 09900SB2901ham003 | - 6 - | LRB099 20671 AMC 51750 a |
|
| 1 | | application that does not comply with the applicable
provisions | 2 | | of this Act is void and unenforceable.
| 3 | | Section 90. The Consumer Fraud and Deceptive Business | 4 | | Practices Act is amended by changing Section 2Z as follows:
| 5 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 6 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 7 | | violates
the Automotive Repair Act, the Automotive Collision | 8 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 9 | | Studio Act,
the Physical Fitness Services Act,
the Hearing | 10 | | Instrument Consumer Protection Act,
the Illinois Union Label | 11 | | Act,
the Job Referral and Job Listing Services Consumer | 12 | | Protection Act,
the Travel Promotion Consumer Protection Act,
| 13 | | the Credit Services Organizations Act,
the Automatic Telephone | 14 | | Dialers Act,
the Pay-Per-Call Services Consumer Protection | 15 | | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 16 | | Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care | 17 | | Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery Sales | 18 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | 19 | | the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | 20 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | 21 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | 22 | | Internet Caller Identification Act, paragraph (6)
of
| 23 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 24 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, |
| | | 09900SB2901ham003 | - 7 - | LRB099 20671 AMC 51750 a |
|
| 1 | | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | 2 | | Residential Real Property Disclosure Act, the Automatic | 3 | | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | 4 | | the Youth Mental Health Protection Act, the Geolocation | 5 | | Information Protection Act, or the Personal Information | 6 | | Protection Act commits an unlawful practice within the meaning | 7 | | of this Act.
| 8 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | 9 | | eff. 7-28-16.)".
|
|