HB5378 94TH GENERAL ASSEMBLY

LRB094 17790 WGH 53089 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5378

Introduced 1/26/2006, by Rep. Ruth Munson

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Customer Proprietary Network Information Protection Act. Prohibits a person from selling or disclosing or offering to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any resident of this State, with these exceptions: disclosure that is authorized by law or regulation, an order of any agency having regulatory authority over a wireless telephone service provider, or the wireless telephone service accountholder; and disclosure in accordance with a subpoena, warrant, or other lawful process. Provides that a person who knowingly violates the Act commits a Class 4 felony and also commits an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Amends the Consumer Fraud and Deceptive Business Practices Act accordingly. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning certain telephone service accounts.

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

Section 1. Short title. This Act may be cited as the Customer Proprietary Network Information Protection Act.

Section 5. Definitions. As used in this Act:

"Customer proprietary network information" has the meaning ascribed to that term in Section 222 of Title 47 of the United States Code.

"Telecommunications carrier" has the meaning ascribed to that term in Section 153 of Title 47 of the United States Code.

"Wireless telephone service" means any form of wireless telephone service, including cellular telephone service, broadband Personal Communication Service telephone service, Covered Specialized Mobile Radio service, and any successor service to such service (including so-called next generation or third generation service).

"Wireless telephone service provider" means a telecommunications carrier that provides wireless telephone service.

Section 10. Sale or disclosure; customer proprietary network information; wireless telephone service.

(a) Except as otherwise provided in this Section, a person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any resident of this State.

(b) Subsection (a) does not apply to:

(1) any disclosure of customer proprietary network information that is authorized by: (A) law or regulation; (B) an order of any agency having regulatory authority over a wireless telephone service provider; or (C) the wireless telephone service accountholder; or

(2) any disclosure of customer proprietary network information required by a subpoena, warrant, or other lawful process.

Section 15. Violation. A person who knowingly violates this Act commits a Class 4 felony and also commits an unlawful practice within the meaning of Section 2Z of the Consumer Fraud and Deceptive Business Practices Act.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, the Payday Loan Reform Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Customer Proprietary Network Information Protection Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 93-561, eff. 1-1-04; 93-950, eff. 1-1-05; 94-13, eff. 12-6-05; 94-36, eff. 1-1-06; 94-280, eff. 1-1-06; 94-292, eff. 1-1-06; revised 8-19-05.)

Section 99. Effective date. This Act takes effect upon becoming law.