SB3000 94TH GENERAL ASSEMBLY

LRB094 18893 MKM 54337 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3000

Introduced 1/20/2006, by Sen. Peter J. Roskam - Dave Syverson - Larry K. Bomke - Christine Radogno

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2RR

Amends the Consumer Fraud and Deceptive Business Practices Act. Prohibits a person from requiring an individual's social security number in order for the individual to obtain a service, including, but not limited to, the provision of satellite television and wireless telecommunications service, unless the person: (i) presents the individual with a written notice stating that the individual's social security number will be used only for purposes of conducting a credit check and detailing all of the measures that the person has taken to protect the individual's social security number; and (ii) provides an alternative to provision of the individual's social security number as a requirement for service, such as requiring a higher security deposit amount. Prohibits the use of an individual's social security number as a personal identification number or account number.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by changing and re-numbering Section 2QQ as follows:

(815 ILCS 505/2RR)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2RR 2QQ. Use of Social Security numbers.

(a) Except as otherwise provided in this Section, a person may not do any of the following:

(1) Publicly post or publicly display in any manner an individual's social security number. As used in this Section, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

(2) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity; however, a person or entity that provides an insurance card must print on the card an identification number unique to the holder of the card in the format prescribed by Section 15 of the Uniform Prescription Drug Information Card Act.

(3) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted.

(4) Require an individual to use his or her social security number to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site.

(5) Print an individual's social security number on any materials that are mailed to the individual, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number. A social security number that may permissibly be mailed under this Section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope or visible without the envelope having been opened.

(6) Require an individual's social security number in order for the individual to obtain a service, including, but not limited to, the provision of satellite television and wireless telecommunications service, unless the person: (i) presents the individual with a written notice stating that the individual's social security number will be used only for purposes of conducting a credit check and detailing all of the measures that the person has taken to protect the individual's social security number; and (ii) provides an alternative to provision of the individual's social security number as a requirement for service, such as requiring a higher security deposit amount.

(7) Use an individual's social security number as a personal identification number or account number.

(b) A person that used, before July 1, 2005, an individual's social security number in a manner inconsistent with subsection (a) may continue using that individual's social security number in the same manner on or after July 1, 2005 if all of the following conditions are met:

(1) The use of the social security number is continuous. If the use is stopped for any reason, subsection (a) shall apply.

(2) The individual is provided an annual disclosure that informs the individual that he or she has the right to stop the use of his or her social security number in a manner prohibited by subsection (a).

A written request by an individual to stop the use of his or her social security number in a manner prohibited by subsection (a) shall be implemented within 30 days of the receipt of the request. There shall be no fee or charge for implementing the request. A person shall not deny services to an individual because the individual makes such a written request.

(c) This Section does not apply to the collection, use, or release of a social security number as required by State or federal law or the use of a social security number for internal verification or administrative purposes. This Section does not apply to the collection, use, or release of a social security number by the State, a subdivision of the State, or an individual in the employ of the State or a subdivision of the State in connection with his or her official duties.

(d) This Section does not apply to documents that are recorded or required to be open to the public under State or federal law, applicable case law, Supreme Court Rule, or the Constitution of the State of Illinois.

(e) If a federal law takes effect requiring the United States Department of Health and Human Services to establish a national unique patient health identifier program, any person who complies with the federal law shall be deemed to be in compliance with this Section.

(f) A person may not encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number as required by this Section.

(g) Any person who violates this Section commits an unlawful practice within the meaning of this Act.

(Source: P.A. 93-739, eff. 7-1-06; revised 11-10-04.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.