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 Bill Status of HB3449  100th General Assembly


Short Description:  GEOLOCATION PRIVACY PROTECTION

House Sponsors
Rep. Ann M. Williams - Arthur Turner - Carol Ammons - Jerry Costello, II - Carol Sente, Deb Conroy, Kelly M. Cassidy, Laura Fine, Litesa E. Wallace, Melissa Conyears-Ervin, Theresa Mah, Juliana Stratton, Jaime M. Andrade, Jr., La Shawn K. Ford, Emanuel Chris Welch, Robert Martwick, Anna Moeller, Sara Feigenholtz, Elaine Nekritz, Robert Rita, Linda Chapa LaVia, Elizabeth Hernandez, Kathleen Willis, Stephanie A. Kifowit, Barbara Flynn Currie, Sue Scherer, Sam Yingling, Cynthia Soto and Camille Y. Lilly

Senate Sponsors
(Sen. Thomas Cullerton - Linda Holmes - Wm. Sam McCann - Iris Y. Martinez - Daniel Biss, Omar Aquino, Bill Cunningham, Jacqueline Y. Collins, Laura M. Murphy, Steven M. Landek, Cristina Castro, Patricia Van Pelt and Emil Jones, III)

Last Action
DateChamber Action
  10/27/2017HouseTotal Veto Stands - No Positive Action Taken

Statutes Amended In Order of Appearance
New Act
815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z


Synopsis As Introduced
Creates the Geolocation Privacy Protection Act. Defines "geolocation information", "location-based application", and "private entity". Provides that a private entity may not collect, use, store, or disclose geolocation information from a location-based application on a person's device unless the private entity first receives the person's affirmative express consent after complying with specified notice requirements. Provides exceptions. Provides that a person whose rights are violated 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. Provides that authority to seek remedies and impose penalties granted to the Attorney General under the Consumer Fraud and Deceptive Business Practices Act is also granted to the Attorney General for the enforcement of the Geolocation Privacy Protection Act. Provides that in any action brought by the Attorney General to enforce the Act, the court may order that persons who incurred actual damages be awarded 3 times the amount at which actual damages are assessed. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act may not be waived. Contains applicability language. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

House Floor Amendment No. 2
Provides that "geolocation information" means, inter alia, information that is sufficient to determine or infer the precise location, rather than merely the location of a device. Provides that a private entity need not obtain a person's affirmative consent after that person's initial consent unless the terms previously agreed upon have been materially changed. Removes the private right of action and provides that a violation is also a violation of the Consumer Fraud and Deceptive Business Practices Act. Provides that only a State's Attorney or the Attorney General may enforce violations of the Consumer Fraud and Deceptive Business Practices Act. Provides that the Geolocation Privacy Protection Act does not apply to Internet, wireless, or telecommunications service providers; cable or video service providers under Article XXI of the Public Utilities Act; or a person licensed as a private detective pursuant to the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Removes the immediate effective date.

Senate Floor Amendment No. 4
Replaces everything after the enacting clause and reinserts the engrossed bill with the following changes: provides that agreements created or modified after the effective date of the Act that do not comply with the Act, rather than all agreements that do not comply with the Act, are void and unenforceable. Removes an exception to the applicability of the Act for cable service providers. Adds an exception for public utilities, alternative retail electric suppliers, and alternative gas suppliers and for political committees. Provides that a violator, other than an individual, has 15 days within which to rectify a violation before an enforcement action may be brought. Provides that only the Attorney General or a Stat's Attorney may bring an action to enforce the Act.

Senate Floor Amendment No. 5
Removes a provision under the Geolocation Privacy Protection Act that provides that only a State's Attorney or the Attorney General may enforce provisions of contracts as void under the Act; and instead provides that an agreement that is void and unenforceable under the Act does not give rise to a private right of action under the Act.

Actions 
DateChamber Action
  2/10/2017HouseFiled with the Clerk by Rep. Ann M. Williams
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Cybersecurity, Data Analytics, & IT Committee
  3/24/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams
  3/24/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/27/2017HouseHouse Committee Amendment No. 1 Rules Refers to Cybersecurity, Data Analytics, & IT Committee
  3/30/2017HouseDo Pass / Short Debate Cybersecurity, Data Analytics, & IT Committee; 006-004-000
  3/30/2017HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/30/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Arthur Turner
  3/30/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  3/30/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/30/2017HouseAdded Co-Sponsor Rep. Laura Fine
  3/30/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  3/30/2017HouseAdded Co-Sponsor Rep. Melissa Conyears-Ervin
  3/30/2017HouseAdded Co-Sponsor Rep. Theresa Mah
  3/30/2017HouseAdded Co-Sponsor Rep. Juliana Stratton
  3/30/2017HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  3/30/2017HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  3/30/2017HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/30/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  3/30/2017HouseAdded Co-Sponsor Rep. Anna Moeller
  3/30/2017HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/30/2017HouseAdded Co-Sponsor Rep. Elaine Nekritz
  3/30/2017HouseAdded Co-Sponsor Rep. Robert Rita
  3/30/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Carol Sente
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  3/30/2017HouseAdded Chief Co-Sponsor Rep. Jerry Costello, II
  3/30/2017HouseChief Co-Sponsor Changed to Rep. Carol Sente
  3/30/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/30/2017HouseAdded Co-Sponsor Rep. Kathleen Willis
  3/30/2017HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  3/30/2017HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/30/2017HouseAdded Co-Sponsor Rep. Sue Scherer
  4/4/2017HouseAdded Co-Sponsor Rep. Sam Yingling
  4/25/2017HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Ann M. Williams
  4/25/2017HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/25/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/26/2017HouseHouse Floor Amendment No. 2 Rules Refers to Cybersecurity, Data Analytics, & IT Committee
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  4/27/2017HouseHouse Floor Amendment No. 2 Recommends Be Adopted Cybersecurity, Data Analytics, & IT Committee; 006-002-001
  4/27/2017HouseHouse Floor Amendment No. 2 Adopted
  4/27/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2017HouseThird Reading - Short Debate - Passed 069-042-001
  4/27/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading
  5/2/2017SenateChief Senate Sponsor Sen. Thomas Cullerton
  5/2/2017SenateFirst Reading
  5/2/2017SenateReferred to Assignments
  5/11/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/11/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Wm. Sam McCann
  5/12/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/12/2017SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/12/2017SenateAssigned to Judiciary
  5/12/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Thomas Cullerton
  5/12/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/15/2017SenateWaive Posting Notice
  5/15/2017SenateSenate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), this amendment will remain in the Committee on Assignments
  5/16/2017SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Thomas Cullerton
  5/16/2017SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/16/2017SenatePostponed - Judiciary
  5/16/2017SenateDo Pass Judiciary; 007-003-000
  5/16/2017SenatePlaced on Calendar Order of 2nd Reading May 17, 2017
  5/16/2017SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/17/2017SenateAdded as Alternate Co-Sponsor Sen. Bill Cunningham
  5/18/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Daniel Biss
  5/18/2017SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/19/2017SenateSecond Reading
  5/19/2017SenatePlaced on Calendar Order of 3rd Reading May 22, 2017
  5/19/2017SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/19/2017SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Thomas Cullerton
  5/19/2017SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/22/2017SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  5/22/2017SenateAdded as Alternate Co-Sponsor Sen. Cristina Castro
  5/22/2017SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  5/23/2017SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Thomas Cullerton
  5/23/2017SenateSenate Floor Amendment No. 4 Referred to Assignments
  5/23/2017SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Thomas Cullerton
  5/23/2017SenateSenate Floor Amendment No. 5 Referred to Assignments
  5/24/2017SenateSponsor Removed Sen. Martin A. Sandoval
  5/24/2017SenateSenate Floor Amendment No. 4 Assignments Refers to Judiciary
  5/24/2017SenateSenate Floor Amendment No. 5 Assignments Refers to Judiciary
  5/25/2017SenateSenate Floor Amendment No. 4 Recommend Do Adopt Judiciary; 008-003-000
  5/25/2017SenateSenate Floor Amendment No. 5 Recommend Do Adopt Judiciary; 008-003-000
  5/25/2017SenateAdded as Alternate Co-Sponsor Sen. Patricia Van Pelt
  5/25/2017SenateRecalled to Second Reading
  5/25/2017SenateSenate Floor Amendment No. 4 Adopted; T. Cullerton
  5/25/2017SenateSenate Floor Amendment No. 5 Adopted; T. Cullerton
  5/25/2017SenatePlaced on Calendar Order of 3rd Reading
  5/25/2017SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/25/2017SenateVerified
  5/25/2017SenateThird Reading - Passed; 033-022-000
  5/25/2017SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/25/2017SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/25/2017SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/25/2017HouseArrived in House
  5/25/2017HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 4, 5
  5/28/2017HouseSenate Floor Amendment No. 4 Motion Filed Concur Rep. Ann M. Williams
  5/28/2017HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Ann M. Williams
  5/28/2017HouseSenate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
  5/28/2017HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  5/28/2017HouseSenate Floor Amendment No. 4 Motion to Concur Rules Referred to Cybersecurity, Data Analytics, & IT Committee
  5/28/2017HouseSenate Floor Amendment No. 5 Motion to Concur Rules Referred to Cybersecurity, Data Analytics, & IT Committee
  5/30/2017HouseSenate Floor Amendment No. 4 Motion to Concur Recommends Be Adopted - Lost Cybersecurity, Data Analytics, & IT Committee; 005-002-003
  5/30/2017HouseSenate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted - Lost Cybersecurity, Data Analytics, & IT Committee; 005-002-003
  6/25/2017HouseSenate Floor Amendment No. 4 Motion Filed Concur Rep. Ann M. Williams
  6/25/2017HouseSenate Floor Amendment No. 5 Motion Filed Concur Rep. Ann M. Williams
  6/25/2017HouseSenate Floor Amendment No. 4 Motion to Concur Referred to Rules Committee
  6/25/2017HouseSenate Floor Amendment No. 5 Motion to Concur Referred to Rules Committee
  6/25/2017HouseSenate Floor Amendment No. 4 Motion to Concur Rules Referred to Cybersecurity, Data Analytics, & IT Committee
  6/25/2017HouseSenate Floor Amendment No. 5 Motion to Concur Rules Referred to Cybersecurity, Data Analytics, & IT Committee
  6/26/2017HouseSenate Floor Amendment No. 4 Motion to Concur Recommends Be Adopted Cybersecurity, Data Analytics, & IT Committee; 006-002-002
  6/26/2017HouseSenate Floor Amendment No. 5 Motion to Concur Recommends Be Adopted Cybersecurity, Data Analytics, & IT Committee; 006-002-002
  6/27/2017HouseSenate Floor Amendment No. 4 House Concurs 063-038-002
  6/27/2017HouseSenate Floor Amendment No. 5 House Concurs 063-038-002
  6/27/2017HouseHouse Concurs
  6/27/2017HousePassed Both Houses
  7/26/2017HouseSent to the Governor
  9/22/2017HouseGovernor Vetoed
  10/12/2017HousePlaced on Calendar Total Veto
  10/27/2017HouseTotal Veto Stands - No Positive Action Taken

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