|
|
|||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 487
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 487 on page 1, line | ||||||
| 3 | 1, by replacing "transportation" with "identification"; and
| ||||||
| 4 | on page 1, below line 3, by inserting the following: | ||||||
| 5 | "Section 3. The Illinois Identification Card Act is amended | ||||||
| 6 | by adding Section 14D as follows: | ||||||
| 7 | (15 ILCS 335/14D new) | ||||||
| 8 | Sec. 14D. Limitations on use of identification card | ||||||
| 9 | information. | ||||||
| 10 | (a) When information is obtained from an identification | ||||||
| 11 | card issued by the Secretary of State to identify or prove the | ||||||
| 12 | age of the holder of the card, or in the course of a commercial | ||||||
| 13 | transaction, that information may be used only for purposes of | ||||||
| 14 | identification of the individual or for completing the | ||||||
| 15 | commercial transaction in which the information was obtained. | ||||||
| 16 | Information obtained from an identification card issued by the | ||||||
| 17 | Secretary of State may not be used for purposes unrelated to | ||||||
| 18 | the transaction in which it was obtained, including, but not | ||||||
| 19 | limited to, commercial solicitations. Information obtained | ||||||
| 20 | from an identification card issued by the Secretary of State to | ||||||
| 21 | identify or prove the age of the holder of the card, or in the | ||||||
| 22 | course of a commercial transaction, may not be sold, leased or | ||||||
| 23 | otherwise provided to any third party. | ||||||
| |||||||
| |||||||
| 1 | (b) As used in this Section, "information" on an | ||||||
| 2 | identification card issued by the Secretary of State includes | ||||||
| 3 | readable text on the face of the card and information encoded | ||||||
| 4 | or encrypted into a bar code, magnetic strip, or other | ||||||
| 5 | electronically readable device on or in the card. | ||||||
| 6 | (c) Any individual whose identification card information | ||||||
| 7 | has been used in violation of this Section has a cause of | ||||||
| 8 | action against the person who violated this Section. Upon a | ||||||
| 9 | finding that a violation did occur, the individual whose | ||||||
| 10 | information was used in violation of this Section is entitled | ||||||
| 11 | to recover actual damages, but not less than liquidated damages | ||||||
| 12 | in the amount of $250 for each violation, plus attorney's fees | ||||||
| 13 | and the costs of bringing the action. | ||||||
| 14 | (d) Use of information contained on an identification card | ||||||
| 15 | issued by the Secretary of State is not a violation of this | ||||||
| 16 | Section if the individual whose information has been used gave | ||||||
| 17 | express permission for that use, or if the information relating | ||||||
| 18 | to the individual was obtained from a source other than the | ||||||
| 19 | individual's identification card issued by the Secretary of | ||||||
| 20 | State. | ||||||
| 21 | (e) This Section does not apply to any agency of the United | ||||||
| 22 | States or to the State of Illinois or any of its political | ||||||
| 23 | subdivisions."; and
| ||||||
| 24 | on page 1, line 26, by replacing "$250 for" with "actual | ||||||
| 25 | damages, but not less than liquidated damages in the amount of | ||||||
| 26 | $250 for".
| ||||||