SB0445 94TH GENERAL ASSEMBLY

LRB094 10325 LJB 40595 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0445

Introduced 2/16/2005, by Sen. Iris Y. Martinez

SYNOPSIS AS INTRODUCED:

New Act
110 ILCS 305/30
110 ILCS 520/16
110 ILCS 660/5-125
110 ILCS 665/10-125
110 ILCS 670/15-125
110 ILCS 675/20-130
110 ILCS 680/25-125
110 ILCS 685/30-135
110 ILCS 690/35-130
110 ILCS 805/3-60
815 ILCS 505/2QQ rep.
30 ILCS 805/8.29 new

Creates the Social Security Numbers Limited Use Act. Prohibits the use of social security numbers by persons or entities except for certain uses. Provides that an individual's social security number may not be printed on an insurance card. Prohibits private universities and colleges and private business and vocational schools from printing an individual's social security number on any card or other document required for the individual to access products or services provided by the institution. Provides criminal penalties. Amends the University of Illinois Act, the Southern Illinois University Management Act, the Chicago State University Law, the Eastern Illinois University Law, the Governors State University Law, the Illinois State University Law, the Northeastern Illinois University Law, the Northern Illinois University Law, the Western Illinois University Law, and the Public Community College Act to prohibit the printing of an individual's social security number on any card or other document required for the individual to access products or services provided by the institution. Amends the Consumer Fraud and Deceptive Business Practices Act to repeal a Section prohibiting the use of an individual's social security number on an insurance card. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately, except certain provisions effective July 1, 2006.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning social security numbers.

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 Social Security Numbers Limited Use Act.

Section 5. Use of social security numbers.

(a) Except as otherwise provided in this Section, a person or entity 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 shall not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope and shall not be visible on an envelope or without the envelope having been opened.

(b) A person or entity that used, before July 1, 2005, an individual's social security number in a manner inconsistent with subsection (a) of this Section 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 after the receipt of the request. There shall be no fee or charge for implementing the request. A person or entity shall not deny services to an individual because the individual makes 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 or entity who complies with the federal law shall be deemed to be in compliance with this Section.

(f) A person or entity 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) The provisions of this Section shall take effect on July 1, 2006.

Section 10. Insurance cards; social security numbers.

(a) As used in this Section, "insurance card" means a card that a person or entity provides to an individual so that the individual may present the card to establish the eligibility of the individual or his or her dependents to receive health, dental, optical, or accident insurance benefits, prescription drug benefits, or benefits under a managed care plan or a plan provided by a health maintenance organization, a health services plan corporation, or a similar entity.

(b) A person or entity may not print an individual's social security number on an insurance card. 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.

(c) An insurance card issued to an individual before January 1, 2005, that does not comply with subsection (b) of this Section must be replaced by January 1, 2006 with an insurance card that complies with subsection (b) if the individual's eligibility for benefits continues after January 1, 2005.

Section 15. Educational institutions. No private college or university or private business and vocational school located or doing business in this State may print an individual's social security number on any card or other document required for the individual to access products or services provided by the institution.

Section 20. Violations. Each use of a social security number in violation of this Act constitutes a separate violation of this Act. A violation of any provision of Section 5 or 10 of this Act is a Class A misdemeanor.

Section 100. The University of Illinois Act is amended by changing Section 30 as follows:

(110 ILCS 305/30)

Sec. 30. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03.)

Section 105. The Southern Illinois University Management Act is amended by changing and renumbering Section 15, as added by Public Act 93-549, as follows:

(110 ILCS 520/16)

Sec. 16 15. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 110. The Chicago State University Law is amended by changing and renumbering Section 5-120, as added by Public Act 93-549, as follows:

(110 ILCS 660/5-125)

Sec. 5-125 5-120. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 115. The Eastern Illinois University Law is amended by changing and renumbering Section 10-120, as added by Public Act 93-549, as follows:

(110 ILCS 665/10-125)

Sec. 10-125 10-120. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 120. The Governors State University Law is amended by changing and renumbering Section 15-120, as added by Public Act 93-549, as follows:

(110 ILCS 670/15-125)

Sec. 15-125 15-120. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 125. The Illinois State University Law is amended by changing and renumbering Section 20-125, as added by Public Act 93-549, as follows:

(110 ILCS 675/20-130)

Sec. 20-130 20-125. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 130. The Northeastern Illinois University Law is amended by changing and renumbering Section 25-120, as added by Public Act 93-549, as follows:

(110 ILCS 680/25-125)

Sec. 25-125 25-120. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 135. The Northern Illinois University Law is amended by changing and renumbering Section 30-130, as added by Public Act 93-549, as follows:

(110 ILCS 685/30-135)

Sec. 30-135 30-130. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 140. The Western Illinois University Law is amended by changing and renumbering Section 35-125, as added by Public Act 93-549, as follows:

(110 ILCS 690/35-130)

Sec. 35-130 35-125. Provision of student and social security information prohibited.

(a) The University may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) The University may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the University.

(Source: P.A. 93-549, eff. 8-19-03; revised 9-24-03.)

Section 145. The Public Community College Act is amended by changing Section 3-60 as follows:

(110 ILCS 805/3-60)

Sec. 3-60. Provision of student and social security information prohibited.

(a) A community college may not provide a student's name, address, telephone number, social security number, e-mail address, or other personal identifying information to a business organization or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.

(b) A community college may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the community college.

(Source: P.A. 93-549, eff. 8-19-03.)

(815 ILCS 505/2QQ rep.)

Section 150. The Consumer Fraud and Deceptive Business Practices Act is amended by repealing Section 2QQ.

Section 900. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 999. Effective date. This Act takes effect upon becoming law, except that Sections 100, 105, 110, 115, 120, 125, 130, 135, 140, and 145 take effect on July 1, 2006.