94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4259

 

Introduced 12/16/05, by Rep. Ruth Munson

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 305/25 new
815 ILCS 505/2RR
5 ILCS 140/7   from Ch. 116, par. 207
30 ILCS 805/8.30 new

    Amends the Secretary of State Act. Establishes a Unique Identification Number Task Force to explore the technical and procedural changes that are needed in order to implement a unique identification number system to replace the use of social security numbers by State and local government agencies. Amends the Consumer Fraud and Deceptive Business Practices Act. Makes it an unlawful practice for a State or local government agency to use an individual's social security number in certain ways, subject to various exceptions. Requires each State or local government agency to develop and implement a social security number privacy policy by January 1, 2007. Prohibits a State or local government agency from requesting an individual's social security number unless specifically authorized to do so under State or federal law. Provides that any person who knowingly violates the provisions regulating the use of social security numbers is guilty of a Class B misdemeanor. Makes other changes. Amends the Freedom of Information Act. Provides that information or documents containing all or any portion of an individual's social security number are exempt from disclosure under the Freedom of Information Act, except to the extent authorized under certain provisions of the Consumer Fraud and Deceptive Business Practices Act. Preempts home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective July 1, 2006.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning privacy.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Secretary of State Act is amended by adding
5 Section 25 as follows:
 
6     (15 ILCS 305/25 new)
7     Sec. 25. Unique Identification Number Task Force.
8     (a) As used in this Section:
9     "Local government agencies" means that term as it is
10 defined in Section 1-8 of the Illinois State Auditing Act.
11     "State agencies" means that term as it is defined in
12 Section 1-7 of the Illinois State Auditing Act.
13     (b) The Unique Identification Number Task Force is
14 established within the Office of the Secretary of State. The
15 Task Force shall consist of 5 members appointed by the
16 Secretary of State. The members of the Task Force shall select
17 a chairperson. Members of the Task Force shall receive no
18 compensation but shall be reimbursed for necessary expenses
19 incurred in the performance of their duties.
20     (c) The Task Force shall explore the technical and
21 procedural changes that are necessary in order to implement a
22 unique identification number system to replace the use of
23 social security numbers by State and local government agencies
24 for identification and record-keeping purposes. The Task Force
25 shall identify other states and local governments that have
26 implemented a unique identification number system and make
27 recommendations and devise procedures for creating a Statewide
28 unique identification number program.
29     (d) The Task Force shall submit reports to the Secretary of
30 State, the General Assembly, and the Governor by December 31 of
31 each year.
 

 

 

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1     Section 10. The Consumer Fraud and Deceptive Business
2 Practices Act is amended by changing and re-numbering Section
3 2QQ as follows:
 
4     (815 ILCS 505/2RR)
5     (This Section may contain text from a Public Act with a
6 delayed effective date)
7     Sec. 2RR 2QQ. Use of Social Security numbers.
8     For the purposes of this Section:
9     "Local government agency" means that term as it is defined
10 in Section 1-8 of the Illinois State Auditing Act.
11     "Person" means that term as it is defined in this Act and
12 also includes any individual in the employ of a State agency or
13 local government agency.
14     "State agency" means that term as it is defined in Section
15 1-7 of the Illinois State Auditing Act.
16     (a) Except as otherwise provided in this Section, no a
17 person or State or local government agency may not do any of
18 the following:
19         (1) Publicly post or publicly display in any manner
20     more than the last 4 sequential digits of an individual's
21     social security number. As used in this Section, "publicly
22     post" or "publicly display" means to intentionally
23     communicate or otherwise make available to the general
24     public.
25         (2) Print more than the last 4 sequential digits of an
26     individual's social security number on any card required
27     for the individual to access products or services provided
28     by the person or entity; however, a person or entity that
29     provides an insurance card must print on the card an
30     identification number unique to the holder of the card in
31     the format prescribed by Section 15 of the Uniform
32     Prescription Drug Information Card Act.
33         (3) Require an individual to transmit more than the
34     last 4 sequential digits of his or her social security
35     number over the Internet, unless the connection is secure

 

 

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1     or the social security number is encrypted.
2         (4) Require an individual to use more than the last 4
3     sequential digits of his or her social security number to
4     access an Internet web site, unless a password or unique
5     personal identification number or other authentication
6     device is also required to access the Internet Web site.
7         (5) Print more than the last 4 sequential digits of an
8     individual's social security number on any materials that
9     are mailed to the individual, unless State or federal law
10     requires more than the last 4 sequential digits of the
11     social security number to be on the document to be mailed.
12     Notwithstanding any provision in this Section to the
13     contrary, social security numbers may be included in
14     applications and forms sent by mail, including documents
15     sent as part of an application or enrollment process or to
16     establish, amend, or terminate an account, contract, or
17     policy or to confirm the accuracy of the social security
18     number. A social security number that may permissibly be
19     mailed under this Section may not be printed, in whole or
20     in part, on a postcard or other mailer that does not
21     require an envelope or be visible on an envelope or visible
22     without the envelope having been opened.
23     (b) A person or State or local government agency that used,
24 before July 1, 2005, an individual's social security number in
25 a manner inconsistent with subsection (a) may continue using
26 that individual's social security number in the same manner on
27 or after July 1, 2005 if all of the following conditions are
28 met:
29         (1) The use of the social security number is
30     continuous. If the use is stopped for any reason,
31     subsection (a) shall apply.
32         (2) The individual is provided an annual disclosure
33     that informs the individual that he or she has the right to
34     stop the use of his or her social security number in a
35     manner prohibited by subsection (a).
36     A written request by an individual to stop the use of his

 

 

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1 or her social security number in a manner prohibited by
2 subsection (a) shall be implemented within 30 days of the
3 receipt of the request. There shall be no fee or charge for
4 implementing the request. No A person or State or local
5 government agency shall not deny services to an individual
6 because the individual makes such a written request.
7     (c) This Section does not apply to the collection, use, or
8 release of a social security number as required by State or
9 federal law or the use of a social security number for internal
10 verification or administrative purposes. This Section does not
11 apply to the collection, use, or release of a social security
12 number by the State, a subdivision of the State, or an
13 individual in the employ of the State or a subdivision of the
14 State in connection with his or her official duties.
15     (d) This Section does not apply to documents that are
16 recorded or required to be open to the public under State or
17 federal law, applicable case law, Supreme Court Rule, or the
18 Constitution of the State of Illinois.
19     (e) If a federal law takes effect requiring the United
20 States Department of Health and Human Services to establish a
21 national unique patient health identifier program, any person
22 who complies with the federal law shall be deemed to be in
23 compliance with this Section.
24     (f) No A person or State or local government agency may not
25 encode or embed more than the last 4 sequential digits of a
26 social security number in or on a card or document, including,
27 but not limited to, using a bar code, chip, magnetic strip, or
28 other technology, in place of removing the social security
29 number as required by this Section.
30     (f-5) Each State agency and local government agency must
31 establish a social security number privacy policy and must
32 implement that policy on or before January 1, 2007. The privacy
33 policy must do all of the following:
34         (1) Require all employees of the State or local
35     government agency to be trained to protect the
36     confidentiality of social security numbers and to

 

 

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1     understand the requirements of this Section.
2         (2) Prohibit the unlawful disclosure of social
3     security numbers.
4         (3) Limit the number of employees who have access to
5     information or documents that contain social security
6     numbers.
7         (4) Describe how to properly dispose of information and
8     documents that contain social security numbers.
9         (5) Establish penalties for violation of the privacy
10     policy.
11     Each State agency must file a written copy of its privacy
12 policy with the Clerk of the House of Representatives and the
13 Secretary of the Senate. Each local government agency must file
14 a written copy of its privacy policy with the governing board
15 of the unit of local government. Each State or local government
16 agency must also provide a written copy of the policy to each
17 of its employees, and must also make its privacy policy
18 available to any member of the public, upon request. If a State
19 or local government agency amends its privacy policy, then that
20 agency must file a written copy of the amended policy with the
21 appropriate entity and must also provide each of its employee
22 with a new written copy of the amended policy.
23     (f-10) A State or local government agency may not request
24 an individual's social security number unless authorized to do
25 so under State or federal law. Any request by a public entity
26 for an individual's social security number must include a
27 citation to the State or federal law authorizing the State or
28 local government agency to request the social security number.
29     (g) Any person who violates this Section commits an
30 unlawful practice within the meaning of this Act. In addition,
31 any person who knowingly violates this Act is guilty of a Class
32 B misdemeanor.
33     (h) A home rule unit may not regulate the use of social
34 security numbers in a manner that is inconsistent with this
35 Section. This Section is a limitation under subsection (i) of
36 Section 6 of Article VII of the Illinois Constitution on the

 

 

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1 concurrent exercise by home rule units of powers and functions
2 exercised by the State.
3 (Source: P.A. 93-739, eff. 7-1-06; revised 11-10-04.)
 
4     Section 15. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
 
6     (5 ILCS 140/7)  (from Ch. 116, par. 207)
7     Sec. 7. Exemptions.
8     (1) The following shall be exempt from inspection and
9 copying:
10         (a) Information specifically prohibited from
11     disclosure by federal or State law or rules and regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,
24         educational, vocational, financial, supervisory or
25         custodial care or services directly or indirectly from
26         federal agencies or public bodies;
27             (ii) personnel files and personal information
28         maintained with respect to employees, appointees or
29         elected officials of any public body or applicants for
30         those positions;
31             (iii) files and personal information maintained
32         with respect to any applicant, registrant or licensee
33         by any public body cooperating with or engaged in
34         professional or occupational registration, licensure

 

 

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1         or discipline;
2             (iv) information required of any taxpayer in
3         connection with the assessment or collection of any tax
4         unless disclosure is otherwise required by State
5         statute;
6             (v) information revealing the identity of persons
7         who file complaints with or provide information to
8         administrative, investigative, law enforcement or
9         penal agencies; provided, however, that identification
10         of witnesses to traffic accidents, traffic accident
11         reports, and rescue reports may be provided by agencies
12         of local government, except in a case for which a
13         criminal investigation is ongoing, without
14         constituting a clearly unwarranted per se invasion of
15         personal privacy under this subsection; and
16             (vi) the names, addresses, or other personal
17         information of participants and registrants in park
18         district, forest preserve district, and conservation
19         district programs.
20         (c) Records compiled by any public body for
21     administrative enforcement proceedings and any law
22     enforcement or correctional agency for law enforcement
23     purposes or for internal matters of a public body, but only
24     to the extent that disclosure would:
25             (i) interfere with pending or actually and
26         reasonably contemplated law enforcement proceedings
27         conducted by any law enforcement or correctional
28         agency;
29             (ii) interfere with pending administrative
30         enforcement proceedings conducted by any public body;
31             (iii) deprive a person of a fair trial or an
32         impartial hearing;
33             (iv) unavoidably disclose the identity of a
34         confidential source or confidential information
35         furnished only by the confidential source;
36             (v) disclose unique or specialized investigative

 

 

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1         techniques other than those generally used and known or
2         disclose internal documents of correctional agencies
3         related to detection, observation or investigation of
4         incidents of crime or misconduct;
5             (vi) constitute an invasion of personal privacy
6         under subsection (b) of this Section;
7             (vii) endanger the life or physical safety of law
8         enforcement personnel or any other person; or
9             (viii) obstruct an ongoing criminal investigation.
10         (d) Criminal history record information maintained by
11     State or local criminal justice agencies, except the
12     following which shall be open for public inspection and
13     copying:
14             (i) chronologically maintained arrest information,
15         such as traditional arrest logs or blotters;
16             (ii) the name of a person in the custody of a law
17         enforcement agency and the charges for which that
18         person is being held;
19             (iii) court records that are public;
20             (iv) records that are otherwise available under
21         State or local law; or
22             (v) records in which the requesting party is the
23         individual identified, except as provided under part
24         (vii) of paragraph (c) of subsection (1) of this
25         Section.
26         "Criminal history record information" means data
27     identifiable to an individual and consisting of
28     descriptions or notations of arrests, detentions,
29     indictments, informations, pre-trial proceedings, trials,
30     or other formal events in the criminal justice system or
31     descriptions or notations of criminal charges (including
32     criminal violations of local municipal ordinances) and the
33     nature of any disposition arising therefrom, including
34     sentencing, court or correctional supervision,
35     rehabilitation and release. The term does not apply to
36     statistical records and reports in which individuals are

 

 

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1     not identified and from which their identities are not
2     ascertainable, or to information that is for criminal
3     investigative or intelligence purposes.
4         (e) Records that relate to or affect the security of
5     correctional institutions and detention facilities.
6         (f) Preliminary drafts, notes, recommendations,
7     memoranda and other records in which opinions are
8     expressed, or policies or actions are formulated, except
9     that a specific record or relevant portion of a record
10     shall not be exempt when the record is publicly cited and
11     identified by the head of the public body. The exemption
12     provided in this paragraph (f) extends to all those records
13     of officers and agencies of the General Assembly that
14     pertain to the preparation of legislative documents.
15         (g) Trade secrets and commercial or financial
16     information obtained from a person or business where the
17     trade secrets or information are proprietary, privileged
18     or confidential, or where disclosure of the trade secrets
19     or information may cause competitive harm, including:
20             (i) All information determined to be confidential
21         under Section 4002 of the Technology Advancement and
22         Development Act.
23             (ii) All trade secrets and commercial or financial
24         information obtained by a public body, including a
25         public pension fund, from a private equity fund or a
26         privately held company within the investment portfolio
27         of a private equity fund as a result of either
28         investing or evaluating a potential investment of
29         public funds in a private equity fund. The exemption
30         contained in this item does not apply to the aggregate
31         financial performance information of a private equity
32         fund, nor to the identity of the fund's managers or
33         general partners. The exemption contained in this item
34         does not apply to the identity of a privately held
35         company within the investment portfolio of a private
36         equity fund, unless the disclosure of the identity of a

 

 

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1         privately held company may cause competitive harm.
2     Nothing contained in this paragraph (g) shall be construed
3 to prevent a person or business from consenting to disclosure.
4         (h) Proposals and bids for any contract, grant, or
5     agreement, including information which if it were
6     disclosed would frustrate procurement or give an advantage
7     to any person proposing to enter into a contractor
8     agreement with the body, until an award or final selection
9     is made. Information prepared by or for the body in
10     preparation of a bid solicitation shall be exempt until an
11     award or final selection is made.
12         (i) Valuable formulae, computer geographic systems,
13     designs, drawings and research data obtained or produced by
14     any public body when disclosure could reasonably be
15     expected to produce private gain or public loss. The
16     exemption for "computer geographic systems" provided in
17     this paragraph (i) does not extend to requests made by news
18     media as defined in Section 2 of this Act when the
19     requested information is not otherwise exempt and the only
20     purpose of the request is to access and disseminate
21     information regarding the health, safety, welfare, or
22     legal rights of the general public.
23         (j) Test questions, scoring keys and other examination
24     data used to administer an academic examination or
25     determined the qualifications of an applicant for a license
26     or employment.
27         (k) Architects' plans, engineers' technical
28     submissions, and other construction related technical
29     documents for projects not constructed or developed in
30     whole or in part with public funds and the same for
31     projects constructed or developed with public funds, but
32     only to the extent that disclosure would compromise
33     security, including but not limited to water treatment
34     facilities, airport facilities, sport stadiums, convention
35     centers, and all government owned, operated, or occupied
36     buildings.

 

 

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1         (l) Library circulation and order records identifying
2     library users with specific materials.
3         (m) Minutes of meetings of public bodies closed to the
4     public as provided in the Open Meetings Act until the
5     public body makes the minutes available to the public under
6     Section 2.06 of the Open Meetings Act.
7         (n) Communications between a public body and an
8     attorney or auditor representing the public body that would
9     not be subject to discovery in litigation, and materials
10     prepared or compiled by or for a public body in
11     anticipation of a criminal, civil or administrative
12     proceeding upon the request of an attorney advising the
13     public body, and materials prepared or compiled with
14     respect to internal audits of public bodies.
15         (o) Information received by a primary or secondary
16     school, college or university under its procedures for the
17     evaluation of faculty members by their academic peers.
18         (p) Administrative or technical information associated
19     with automated data processing operations, including but
20     not limited to software, operating protocols, computer
21     program abstracts, file layouts, source listings, object
22     modules, load modules, user guides, documentation
23     pertaining to all logical and physical design of
24     computerized systems, employee manuals, and any other
25     information that, if disclosed, would jeopardize the
26     security of the system or its data or the security of
27     materials exempt under this Section.
28         (q) Documents or materials relating to collective
29     negotiating matters between public bodies and their
30     employees or representatives, except that any final
31     contract or agreement shall be subject to inspection and
32     copying.
33         (r) Drafts, notes, recommendations and memoranda
34     pertaining to the financing and marketing transactions of
35     the public body. The records of ownership, registration,
36     transfer, and exchange of municipal debt obligations, and

 

 

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1     of persons to whom payment with respect to these
2     obligations is made.
3         (s) The records, documents and information relating to
4     real estate purchase negotiations until those negotiations
5     have been completed or otherwise terminated. With regard to
6     a parcel involved in a pending or actually and reasonably
7     contemplated eminent domain proceeding under Article VII
8     of the Code of Civil Procedure, records, documents and
9     information relating to that parcel shall be exempt except
10     as may be allowed under discovery rules adopted by the
11     Illinois Supreme Court. The records, documents and
12     information relating to a real estate sale shall be exempt
13     until a sale is consummated.
14         (t) Any and all proprietary information and records
15     related to the operation of an intergovernmental risk
16     management association or self-insurance pool or jointly
17     self-administered health and accident cooperative or pool.
18         (u) Information concerning a university's adjudication
19     of student or employee grievance or disciplinary cases, to
20     the extent that disclosure would reveal the identity of the
21     student or employee and information concerning any public
22     body's adjudication of student or employee grievances or
23     disciplinary cases, except for the final outcome of the
24     cases.
25         (v) Course materials or research materials used by
26     faculty members.
27         (w) Information related solely to the internal
28     personnel rules and practices of a public body.
29         (x) Information contained in or related to
30     examination, operating, or condition reports prepared by,
31     on behalf of, or for the use of a public body responsible
32     for the regulation or supervision of financial
33     institutions or insurance companies, unless disclosure is
34     otherwise required by State law.
35         (y) Information the disclosure of which is restricted
36     under Section 5-108 of the Public Utilities Act.

 

 

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1         (z) Manuals or instruction to staff that relate to
2     establishment or collection of liability for any State tax
3     or that relate to investigations by a public body to
4     determine violation of any criminal law.
5         (aa) Applications, related documents, and medical
6     records received by the Experimental Organ Transplantation
7     Procedures Board and any and all documents or other records
8     prepared by the Experimental Organ Transplantation
9     Procedures Board or its staff relating to applications it
10     has received.
11         (bb) Insurance or self insurance (including any
12     intergovernmental risk management association or self
13     insurance pool) claims, loss or risk management
14     information, records, data, advice or communications.
15         (cc) Information and records held by the Department of
16     Public Health and its authorized representatives relating
17     to known or suspected cases of sexually transmissible
18     disease or any information the disclosure of which is
19     restricted under the Illinois Sexually Transmissible
20     Disease Control Act.
21         (dd) Information the disclosure of which is exempted
22     under Section 30 of the Radon Industry Licensing Act.
23         (ee) Firm performance evaluations under Section 55 of
24     the Architectural, Engineering, and Land Surveying
25     Qualifications Based Selection Act.
26         (ff) Security portions of system safety program plans,
27     investigation reports, surveys, schedules, lists, data, or
28     information compiled, collected, or prepared by or for the
29     Regional Transportation Authority under Section 2.11 of
30     the Regional Transportation Authority Act or the St. Clair
31     County Transit District under the Bi-State Transit Safety
32     Act.
33         (gg) Information the disclosure of which is restricted
34     and exempted under Section 50 of the Illinois Prepaid
35     Tuition Act.
36         (hh) Information the disclosure of which is exempted

 

 

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1     under the State Officials and Employees Ethics Act.
2         (ii) Beginning July 1, 1999, information that would
3     disclose or might lead to the disclosure of secret or
4     confidential information, codes, algorithms, programs, or
5     private keys intended to be used to create electronic or
6     digital signatures under the Electronic Commerce Security
7     Act.
8         (jj) Information contained in a local emergency energy
9     plan submitted to a municipality in accordance with a local
10     emergency energy plan ordinance that is adopted under
11     Section 11-21.5-5 of the Illinois Municipal Code.
12         (kk) Information and data concerning the distribution
13     of surcharge moneys collected and remitted by wireless
14     carriers under the Wireless Emergency Telephone Safety
15     Act.
16         (ll) Vulnerability assessments, security measures, and
17     response policies or plans that are designed to identify,
18     prevent, or respond to potential attacks upon a community's
19     population or systems, facilities, or installations, the
20     destruction or contamination of which would constitute a
21     clear and present danger to the health or safety of the
22     community, but only to the extent that disclosure could
23     reasonably be expected to jeopardize the effectiveness of
24     the measures or the safety of the personnel who implement
25     them or the public. Information exempt under this item may
26     include such things as details pertaining to the
27     mobilization or deployment of personnel or equipment, to
28     the operation of communication systems or protocols, or to
29     tactical operations.
30         (mm) Maps and other records regarding the location or
31     security of a utility's generation, transmission,
32     distribution, storage, gathering, treatment, or switching
33     facilities.
34         (nn) Law enforcement officer identification
35     information or driver identification information compiled
36     by a law enforcement agency or the Department of

 

 

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1     Transportation under Section 11-212 of the Illinois
2     Vehicle Code.
3         (oo) Records and information provided to a residential
4     health care facility resident sexual assault and death
5     review team or the Residential Health Care Facility
6     Resident Sexual Assault and Death Review Teams Executive
7     Council under the Residential Health Care Facility
8     Resident Sexual Assault and Death Review Team Act.
9         (pp) Information provided to the predatory lending
10     database created pursuant to Article 3 of the Residential
11     Real Property Disclosure Act, except to the extent
12     authorized under that Article.
13         (qq) (pp) Defense budgets and petitions for
14     certification of compensation and expenses for court
15     appointed trial counsel as provided under Sections 10 and
16     15 of the Capital Crimes Litigation Act. This subsection
17     (qq) (pp) shall apply until the conclusion of the trial and
18     appeal of the case, even if the prosecution chooses not to
19     pursue the death penalty prior to trial or sentencing.
20         (rr) Information or documents containing all or any
21     portion of an individual's social security number, except
22     to the extent authorized under Section 2RR of the Consumer
23     Fraud and Deceptive Business Practices Act.
24     (2) This Section does not authorize withholding of
25 information or limit the availability of records to the public,
26 except as stated in this Section or otherwise provided in this
27 Act.
28 (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237,
29 eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03;
30 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff.
31 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; revised
32 8-29-05.)
 
33     Section 90. The State Mandates Act is amended by adding
34 Section 8.30 as follows:
 

 

 

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1     (30 ILCS 805/8.30 new)
2     Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8
3 of this Act, no reimbursement by the State is required for the
4 implementation of any mandate created by this amendatory Act of
5 the 94th General Assembly.
 
6     Section 99. Effective date. This Act takes effect July 1,
7 2006.